The American Judiciary by LLD Simeon E. Baldwin
page 109 of 388 (28%)
page 109 of 388 (28%)
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legislation until parliament shall interfere. Congress have the
_Jus Corona_ in this case, and Florida was to be governed by Congress as she thought proper."[Footnote: American Insurance Co. _v._ Canter, 1 Peters' Reports, 611, 538.] This argument did not spend its force in its effect on Marshall. When, after the lapse of two generations, greater problems of the relations of the United States to territory newly acquired from Spain arose, it was, as has been said above, made one of the cornerstones of the opinion of the same court which determined what they were.[Footnote: Downes _v._ Bidwell, 182 United States Reports, 244, 265.] So in the Hurtado case, which has been described at length, no description of due process of law was found better and none is better than that given by Webster so many years before in the Dartmouth College case. The Supreme Court of New Hampshire, from whose judgment that cause came up by writ of error, had held--and on that point its decision was final--that the change in the college charter was no violation of the bill of rights embodied in the Constitution of that state. This, following _Magna Charta_, provided (Part I, Art. 15) that no subject should be "despoiled or deprived of his property, immunities, or privileges, put out of the protection of the law, exiled, or deprived of his life, liberty or estate, but by the judgment of his peers or the law of the land." _Magna Charta_ was wrung from a tyrant king. So, said the State court, this article was inserted to protect the citizens against the abuse of the executive power. When it speaks of the law of the land it means the law of New Hampshire, and that is whatever the legislature of |
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