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" That part of the bill which respects the land occupied by the Indians, and prays the aid of the court to protect their possession, may be more doubtful. The mere question of right might. perhaps, be decided by this court in a proper case with proper parties.... "
The Editorial Review - Page 427
1912
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The American Jurist and Law Magazine, Volume 6

Law - 1831 - 494 pages
...decided by this court in a proper case with proper parties. But the court is asked to do more than to decide on the title. The bill requires us to control...propriety of such an interposition by the court may well be questioned. It savors too much of the exercise of political power to be within the proper province...
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The Case of the Cherokee Nation Against the State of Georgia: Argued and ...

Cherokee Nation, Richard Peters - Cherokee Indians - 1831 - 332 pages
...might perhaps be decided by this court, in a proper case, with proper parties. But the court is aeked to do more than decide on the title. The bill requires...propriety of such an interposition by the court may well be questioned. It savours too much of the exercise of political power, to be within the proper...
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American Annual Register, Volume 6

Joseph Blunt - History - 1832 - 720 pages
...mere question of right might perhaps be decided by this Court in a proper case with proper parties. But the Court is asked to do more than decide on the...interposition by the Court may be well questioned. It savours too much of the exercise of political power to be within the proper province of the Judicial...
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Reports of Cases at Law and in Equity, Argued and Determined in ..., Volume 1

Alabama. Supreme Court, George Noble Stewart, Benjamin Faneuil Porter - Law reports, digests, etc - 1836 - 508 pages
...remarks, "the bill requires us to control the legislation cf Georgia, and to restrain the execution of its physical force. The propriety of such an interposition by the Court, may be well questioned. It savours too much of exercise of political power, to be within the province of the judicial department."...
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Register of Debates in Congress: Comprising ..., Volume 4; Volume 12; Volume 67

United States. Congress - Law - 1836 - 650 pages
...the title. The bill requires us to control the legislation of Georgia, and to restrain the extrcise of its physical force. The propriety of such an interposition by the court may be well questioned. It savois too much of the exercise of political power to be within the proper province of the judicial...
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United States Reports: Cases Adjudged in the Supreme Court, Volume 37

United States. Supreme Court - Courts - 1838 - 850 pages
...question of right might, perhaps, be decided by this Court, in a proper case, with proper parties. But the Court is asked to do more than decide on the title. The bill requires us to control the legislation of Georgia, and to restrain the exertion of its physical force. The propriety of such an...
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The Writings of John Marshall, Late Chief Justice of the United States, Upon ...

John Marshall - Constitutional law - 1839 - 762 pages
...mere question of right might. perhaps, be decided by this court in a proper case with proper parties. But the court is asked to do more than decide on the...within the proper province of the judicial department. But the opinion on the point respecting parties makes it unnecessary to decide this question. If it...
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A Course of Lectures on the Constitutional Jurisprudence of the United ...

William Alexander Duer - Constitutional law - 1843 - 436 pages
...physical force ; and the propriety of such an interposition might well be questioned, as it savoured too much of the exercise of political power to be within the province of the judicial department; and it refused to interfere. Thus much for the original jurisdiction...
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A Course of Lectures on the Constitutional Jurisprudence of the United ...

William Alexander Duer - Constitutional law - 1843 - 442 pages
...proper parties. But it was asked on that occasion to do more than decide on the title : it was called on to control the Legislature of Georgia, and to restrain the exertion of its physical force ; and the propriety of such an interposition might well be questioned, as it savoured too much of the...
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The Family Library (Harper)., Volume 160

Child rearing - 1845 - 436 pages
...proper parties. But it was asked on that occasion to do more than decide on the title : it was called on to control the Legislature of Georgia, and to restrain the exertion of its physical force ; and the propriety of such an interposition might well be questioned, as it savoured too much of the...
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