Philip Pendleton Barbour

“ Now, when a law which imposes no tax on imports, exports or tonnage, is brought within a prohibition, by construction, it cannot be validated by the consent of congress; and if they can take jurisdiction of the subject, they cannot be confined to mere revision or control, the power must be co-extensive with their opinion of the necessity of using it, as the means of effecting the object. This seems to me utterly inconsistent with the constitution, which has imposed only a qualified prohibition on the power of states to tax the direct subjects of foreign commerce, imports and exports. ”

“ It would seem, then, that it is not at all certain, but that the court, if that fact had been in the case, would have considered the judgment, in the language of one of the judges, to be unimpeachable; especially, when we find them asserting, that it was the right of the plaintiff to have a joint judgment, but it is competent to a party to waive that right, as he may all others; and nothing can be a more conclusive waivers, than to take a separate judgment, of his own will, against one of the defendants. ”

“ We think that the Court laid down the law correctly in each and all of these instructions. It is certainly a sound principle that a contract to carry passengers differs from a contract to carry goods. For the goods, the carrier is answerable, at all events, except the act of God, and the public enemy. But although he does not warrant the safety of the passengers, at all events, yet his undertaking and liability as to them, go to this extent: that he, or his agent, if, as in this case, he acts by agent, shall possess competent skill ”

“ The only interest which the appellant can claim in the property in question, is derived from the levy made by the officer under his execution, and the purchase made by him at the sale under that execution, of whatever right, title, and claim Shields had in the property. Now it must be borne in mind, that not only before the sale, but even before the levy, Shields had mortgaged the lot to Franks; and, consequently, his right was only an equity of redemption. Was this such a right or interest, as that a fieri facias could be levied upon it? ”

“ We contend, however, that if, under the compact, a Pennsylvania warrant is clothed with the merit and efficacy of a Virginia warrant, a Virginia settlement is also invested with all the attributes and advantages of a Pennsylvania settlement. This is not only the clear import of the compact, but it is adopted by the learned chief justice himself; and it is only by denying to his own rule, the reciprocity secured by the compact, and dictated by every principle of reason and equity, that Watson's title can be rendered doubtful. ”

“ Gibbs, Chief Justice, said: evidence may be received to show the sense in which the mercantile part of the nation use the term privilege, just as you would look into a dictionary to ascertain the meaning of a word; and it must be taken to be used by the parties in its mercantile and established sense.
So where a charter party stipulated that a freighter should pay a certain sum per pound, &c., British weight; it was held, that as the word weight had two meanings, gross and neat, this was such a latent ambiguity as to warrant the introduction of parol testimony. ”

“ In the first place, it must be of matters of fact; and it has been argued by the appellant's counsel, that the letter of the 21st of January, 1833, did not profess to state matters of fact, but to express opinions. It is certainly true, that matters of opinion between parties dealing on equal terms, although falsely stated, are not relieved against; because they are not presumed to mislead, or influence the other party, when each has equal means of information. But we consider the representation in this case not the expression of opinion, but the statement of facts. ”