John Marshall

Name: Williams v. Norris — Opinion of the Court
Author: John Marshall

Williams v. Norris — Opinion of the Court

Summary

“Williams v. Norris — Opinion of the Court”, is a work by John Marshall. It explores elements such as North Carolina, entry and the United States.

Quotes from Williams v. Norris — Opinion of the Court (John Marshall)

John Marshall, Williams v. Norris — Opinion of the Court

“ There are, undoubtedly, great and solid objections to legislation for particular cases. But these objections do not necessarily make such legislation repugnant to the constitution of the United States.
The act 'for the relief of Ezekiel Norris,' did not authorize the commissioner to grant him a certificate or warrant on his entry, unless he should prove that the purchase money had been paid. The laws had preserved such entries, and, consequently, an act to enable the proprietor of one of them to prosecute his claim, is not necessarily an act impairing the obligation of a contract. ”

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Source: Wikisource

John Marshall, Williams v. Norris — Opinion of the Court

“ This Court dismissed the writ of error, because, the fact of insolvency not having been shown, it did not appear from the record that the act of Congress, or the constitutionality of the State law, was drawn into question. The Court added, that the record need not state, in terms, a misconstruction of the act of Congress, or that it was drawn in question.
The act of Congress applies to every insolvent debtor of the United States, and gives them priority as to all the property of the debtor which he possessed when the insolvency took place; but it applies only to cases of insolvency. ”

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Source: Wikisource

John Marshall, Williams v. Norris — Opinion of the Court

“ Can the opinion of the judge introduce any fact into the cause? Where a judgment is rendered on a special verdict, for example, can he, by an opinion filed ten days afterwards, control the facts found in that verdict? ”

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Source: Wikisource

John Marshall, Williams v. Norris — Opinion of the Court

“ The capacity of a legislature to control the proceedings of Courts is not questioned, and if its will be unequivocally declared, that will must be obeyed; but, in construing a law, implications are not to be drawn from careless expressions, which would produce unreasonable results, and subvert the usual course of legal proceedings. ”

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Source: Wikisource

John Marshall, Williams v. Norris — Opinion of the Court

“ The act of North Carolina, which authorized entries to be made in Jonn Armstrong's office, contains the following enactment: That every person claiming, before he shall be entitled to enter a claim for any of the said lands, shall pay into the hands of the entry taker, at the rate often pounds in specie, or in specie certificates at their nominal value, &c. ”

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Source: Wikisource

John Marshall, Williams v. Norris — Opinion of the Court

“ If any stipulation in the compact between North Carolina and Tennessee could have affected the controversy between Williams and Norris, it must have been because the title of Norris came within the reservation made by the State of North Carolina in her act of cession to Congress. ”

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Source: Wikisource

John Marshall, Williams v. Norris — Opinion of the Court

“ The next succeeding section of the same act authorizes any person entitled to such entry to pay into the treasury the amount or balance of the purchase money, upon which a warrant may be issued.
In 1798, the legislature appointed commissioners to investigate the frauds suggested to have been committed in the Secretary's office, and directed that no grant should issue on warrants obtained on entries which the commissioners might deem fraudulent.
The act of 1799, ch. 7. sec. 16. directs warrants to issue on all entries where the requisites of the law have been, or shall be, complied with. ”

John Marshall

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