Reports of Cases in Law and Equity, Argued and Determined in the Supreme Court of the State of Georgia, in the Year ..., Nide 33

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Edward O. Jenkins, 1870
 

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Sivu 367 - WE, the People of the Confederate States, each State acting in its sovereign and independent character, in order to form a permanent Federal Government, establish justice, insure domestic tranquility, and secure the blessings of liberty to ourselves and our posterity — invoking the favor and guidance of Almighty God — do ordain and establish this Constitution for the Confederate States of America.
Sivu 363 - The important truth, which it unequivocally pronounces in the present case, is that a sovereignty over sovereigns, a government over governments, a legislation for communities, as contradistinguished from individuals, as it is a solecism in theory, so in practice it is subversive of the order and ends of civil polity, by substituting violence in place of law, or the destructive coercion of the sword in place of the mild and salutary coercion of the magistracy.
Sivu 348 - To provide and maintain a navy: 14. To make rules for the government and regulation of the land and naval forces: 15. To provide for calling forth the militia to execute the laws of the Union, suppress insurrections, and repel invasions: 16.
Sivu 538 - The rule of the common law is, that where a party sustains a loss by reason of a breach of contract, he is, so far as money can do it, to be placed in the same situation, with respect to damages, as if the contract had been performed.
Sivu 369 - ... the credit of the United States, transmitting every half year to the respective states an account of the sums of money so borrowed or emitted; to build and equip a navy; to agree upon the number of land forces, and to make requisitions from each state for its quota, in proportion to the number of white inhabitants in such state...
Sivu 348 - To provide for organizing, arming, and disciplining the militia, and for governing such part of them as may be employed in the service of the Confederate States ; reserving to the States, respectively, the appointment of the officers and the authority of training the militia according to the discipline prescribed by Congress.
Sivu 64 - As to the testator's capacity, he must, in the language of the law, have a sound and disposing mind and memory. In other words, he ought to be capable of making his will with an understanding of the nature of the business in which he is engaged, a recollection of the property he means to dispose of, of the persons who are the objects of his bounty, and the manner in which it is to be distributed between them.
Sivu 356 - And he adds, on the point of vesting Congress with competent powers; "Our independence, our respectability and consequence in Europe, our greatness as a nation hereafter, depend upon it. The fear of giving sufficient powers to Congress, for the purposes I have mentioned, is futile. A nominal head, which at present is but another name for Congress, will no longer do.
Sivu 490 - ... the plaintiff must recover upon the strength of his own title, and not upon the weakness of that of the defendant...
Sivu 557 - Alas ! how necessity begets necessity. They rise upon each other and become endless. The proprietor stands afar off, a solitary and unprotected member of the community, and is stripped of his property, without his consent, without a hearing, without notice, the value of that property judged upon without his participation, or the intervention of a jury, and the equivalent therefor in lands ascertained in the same way.

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