We will not say that a State may not relinquish it; that a consideration sufficiently valuable to induce a partial release of it may not exist; but as the whole community is interested in retaining it undiminished, that community has a right to insist... The United States Democratic Review - Page 5051840Full view - About this book
| United States. Supreme Court - Law reports, digests, etc - 1835 - 624 pages
...induce a partial release of it may not exist : but as the whole community is interested in retaining it undiminished, that community has a right to insist...presumed in a case in which the deliberate purpose of the »Ute to • abandon it does not appear. The great object of an incorporation is to bestow the character... | |
| United States. Supreme Court - Law reports, digests, etc - 1837 - 696 pages
...must daily pass; the community have, a right to insist, in the language of this Court above quoted, "that its abandonment ought not to be presumed, in...purpose of the state to abandon it does not appear." The continued existence of a government would be of no great value, if by implications and presumptions,... | |
| North American review and miscellaneous journal - 1838 - 728 pages
...Speaking of the taxing power, he says, ' as the whole community is interested in retaining it undimmished, that community has a right to insist that its abandonment...purpose of the State to abandon it does not appear.' The case now before the Court is, in principle, precisely the same. It is a charter from a State. The... | |
| John Marshall - Constitutional law - 1839 - 762 pages
...induce a partial release of it may not exist ; butjas the whole community is interested in retaining it undiminished, that community has a right to insist...purpose of the state to abandon it does not appear^ The plaintiffs would give to this charter the same construction as if it contained a clause exempting... | |
| United States - 1840 - 574 pages
...being done directly. But the Court said, that the relinquishment of the taxing power was never to bo assumed unless there was a deliberate purpose manifested...bridge and making it free, the indirect effect was * 3 Peters' SC Report!. t 4 Peters. t 4 Peters. VOL. vn. NO. xxx. — JUNE, 1840. HH to destroy the... | |
| Maryland. Court of Appeals, Richard W. Gill, Oliver Miller - Law reports, digests, etc - 1850 - 596 pages
...induce a partial release of it may not exist : but as the whole community is interested in retaining it undiminished, that community has a right to insist...purpose of the State to abandon it does not appear." In the case by the Stourbridge Canal against Wheeley, 2 Barn fy Adolph. 792, Lord Tenterden, when speaking... | |
| Daniel Kimball Whitaker, Milton Clapp, William Gilmore Simms, James Henley Thornwell - 1850 - 556 pages
...release of it may not exist ; but as the whole community is interested in retaining it undiminislied, that community has a right to insist that its abandonment...purpose of the State to abandon it does not appear.' " Adverting to the article of the constitution giving to congress the power to establish a uniform... | |
| Georgia. Supreme Court - Equity - 1851 - 716 pages
...daily pass — the community have a right to insist^ in the language of this Court above quoted — " that its abandonment ought not to be presumed in a case, in which the deliberate purpose ofthe State to abandon it, does not appear." The continued existence of a government would be of no... | |
| Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, Elijah W. Meddaugh, William Jennison, Hovey K. Clarke, Hoyt Post, Henry Allen Chaney, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, Herschel Bouton Lazell, James M. Reasoner, Richard W. Cooper - Law reports, digests, etc - 1900 - 804 pages
...State ; citing the words of Mr. Chief Justice Marshall in Providence Bank v. Billings, 4 Pet. 514, 561, that "its abandonment ought not to be presumed in...purpose of the State to abandon it does not appear ;" citing, also, Charles River Bridge v. Warren Bridge, 11 Pet. 420; Minot v. Railroad Co., 18 Wall.... | |
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