martin v hunter's lessee lexisnexis

rely on donations for our financial security. They have been positively recognised by one of the articles in amendment of the Constitution, which declares that, "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people. Analogy, then, to the ordinary exercise of sovereign authority would sustain the exercise of this controlling or revising power. This insight, in turn, enables students to more fully appreciate the current state of constitutional law and to anticipate the future direction of the Court in key areas. To constitute an exception to the provisions of this act, the Indian settlement, at the time of its passage, must have been surrounded by settlements of the citizens of the United States, and within the ordinary jurisdiction of a state; not only within the limits of a state, but within the common exercise of its jurisdiction. The shackles imposed on this power, in the confederation, are discarded. In respect to criminal cases, there would at once be an end of all control, and the. Or has nature, or the great Creator of all things, conferred these rights over hunters and fishermen, on agriculturists and manufacturers? 6th. Are, then, the judgments of this Court to be reviewed in every court of the Union? A final judgment of this Court is supposed to be conclusive upon the rights which it decides, and no statute has provided any process by which this Court can revise its own judgments.

Has Georgia ever, before her late laws, attempted to regulate the Indian communities within her limits? The words are, "the judicial power (which includes appellate power) shall extend to all cases," &c., and "in all other cases before mentioned, the Supreme Court shall have appellate jurisdiction." It is still more difficult by such an argument to ingraft upon a general power a restriction. It presents an instance of collision between the judicial powers of the Union, and one of the greatest States in the Union, on a point the most delicate and difficult to be adjusted. In February 1797, a rule (6 Wheat Rules) was made on this subject, in the following words: "It is ordered by the court, that the clerk of the court to which any writ of error shall be directed, may make return of the same by transmitting a true *537 copy of the record, and of all proceedings in the same, under his hand and the seal of the court.". A proclamation, issued by Governor Gage, in 1772, contains the following passage: "whereas many persons, contrary to the positive orders of the king, upon this subject, have undertaken to make settlements beyond the boundaries fixed by the treaties made with the Indian nations, which boundaries ought to serve as a barrier between the whites and the said nations; particularly on the Ouabache." No other reason than that which has been stated can be assigned why some, at least, of those cases should not have been left to the cognizance of the State courts. But, by the enactments of the state of Georgia, this shield is broken in pieces — the infant institutions of the Cherokees are abolished, and their laws annulled. of the 25th section of the Act, for there was nothing in the record upon which the Court below could have decided but upon the title as connected with the treaty; and if the title was otherwise good, its sufficiency must have depended altogether upon its protection under the treaty. These motives for planting the new colony are incompatible with the lofty ideas of granting the soil, and all its inhabitants from sea to sea. And extreme, indeed, I flatter myself, must be the case in which the General Government could ever be induced to assert this right. Property Disputes analysis: In Golding v Martin, the court considered the circumstances under which a possession order forfeiting a long-lease for the non-payment of rent will be set aside and has implications for any landlord wishing to issue a possession order. The language of the Constitution is also imperative upon the States as to the performance of many duties. And as there is nothing in the Constitution which restrains or limits this power, it must therefore, in all other cases, subsist in the utmost latitude of which, in its own nature, it is susceptible. We have punished them for their violation of treaties; but we have inflicted the punishment on them as a nation, and not on individual offenders among them as traitors. benefits of it to the individual, without ever resorting to compulsory or restrictive process upon the State tribunals; a right which, I repeat again, Congress has not asserted, nor has this Court asserted, nor does there appear any necessity for asserting. It would convert a treaty of peace covertly into an act, annihilating the political existence of one of the parties. 13. s. 6. p. Goods, indispensable to their comfort, in the shape of presents, were received from the same hand. The next consideration is as to the Courts in which the judicial power shall be vested. On the other hand, if, as has been contended, a discretion be vested in Congress to establish or not to establish inferior Courts, at their own pleasure, and. This was a writ of error to the Court of appeals of the state of Virginia, founded upon the refusal of that Court to obey the mandate of this Court, requiring the judgment rendered in this same cause, at February Term, 1813, to be carried into due execution. They may exercise the powers not relinquished, and bind themselves as a distinct and separate community. As this case involves principles of the highest importance, and may lead to consequences which shall have an enduring influence on the institutions of this country; and as there are some points in the case on which I wish to state, distinctly, my opinion, I embrace the privilege of doing so. Can a mere plea in defence be, of itself, a bar to further proceedings, so as to prohibit an inquiry into its truth or legal propriety when no other tribunal exists to whom judicial cognizance of such cases is confided? This has been done. It is hardly to be presumed that the variation in the language could have been accidental. Surely the exercise of the same right over judicial tribunals is not a higher or more dangerous act of sovereign power. Such an argument must end in the destruction of all constitutions, and the will of the legislature, like the acts of the parliament of Great Britain, must be the supreme, and only law of the land.

It would fall, then, within the very terms of the Act.

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