John McLean

Name: Delauriere v. Emison — Opinion of the Court
Author: John McLean

Delauriere v. Emison — Opinion of the Court

Summary

“Delauriere v. Emison — Opinion of the Court”, is a work by John McLean. It explores elements such as the State of Missouri, the United States and act.

Quotes from Delauriere v. Emison — Opinion of the Court (John McLean)

John McLean, Delauriere v. Emison — Opinion of the Court

“ The rule for construing powers, whether derived from an act of the legislature or from a private instrument, is the same. They must be strictly construed. No further or greater power must be exercised than has been given. Any other principle of construction would render all limitations of power nugatory. To say that a grant of power to the State, to be exercised within a specified time, amounts to a grant to be exercised without limit of time, is repugnant to all ideas of limited powers. The Legislature of Missouri had full power to act up to the 1st January, 1825. ”

[↩︎]

Source: Wikisource

John McLean, Delauriere v. Emison — Opinion of the Court

“ If the act of 1820 had declared to the State of Missouri, that it should not appropriate Labeaume and Delauriere's claim-that if it did select it, and the claim should ever thereafter be confirmed, that the State should get no title, the act could not have been more plain and explicit: 'Provided, that no salt-spring, the right whereof now is or hereafter shall be, confirmed or adjudged to any individual or individuals, shall, by this section, be granted to said State.' This is a part of the grant itself-a part and parcel of the very act upon which the State claim is founded. ”

[↩︎]

Source: Wikisource

John McLean, Delauriere v. Emison — Opinion of the Court

“ But it is said that the approval of the selection by the Secretary of the Treasury cured all these defects in the State title. To this it may be answered, 1st, that the act of Congress gave to the secretary no power whatever over the subject. His action in the matter was wholly unauthorized by law. 2d. His approval, even if he had the power to approve, came too late. It was made on the 22d August, 1837, after the confirmation of the plaintiff's title; and it was obviously made to heal the defects in the title of the defendant. Its only effect is to render those defects the more conspicuous. ”

[↩︎]

Source: Wikisource

John McLean, Delauriere v. Emison — Opinion of the Court

“ By the act of 2d March, 1805, all persons claiming land under the French or Spanish government, were required to file their claim in the land office-and by the act of 3d March, 1807, the time was extended to 1st July, 1808. By the act of 15th February, 1811, the President was authorized to have the lands which had been surveyed in Louisiana, offered for sale-reserving those tracts for which claims had been filed in the land office, as above required, till after the decision of Congress thereon. The same reservation was contained in the act of the 17th February, 1818. ”

[↩︎]

Source: Wikisource

John McLean, Delauriere v. Emison — Opinion of the Court

“ The journals of the senate are only evidence of the action of the senate. But, 5th, the legislature did, by an act approved February 14, 1825, make the selection of the land in question, and this was the best and only legal evidence of the action of that body. See Revised Laws of Missouri of 1825, vol. 2, pages 697 and 700.
6th. The court erred in refusing to grant a new trial. The new trial should have been granted, because the action of court in refusing the plaintiff's, and in giving the defendant's instructions, was contradictory. ”

[↩︎]

Source: Wikisource

John McLean, Delauriere v. Emison — Opinion of the Court

“ The rule of law is the same when a power is conferred upon a legislative body, as if conferred on an individual person. The power conferred cannot be delegated.
2d. The report had no date, and therefore did not tend to show, even when they, the commissioners, made the selection. 3d. It was the journal of one branch of the legislature only, and could furnish no evidence of legislative action. ”

[↩︎]

Source: Wikisource

John McLean, Delauriere v. Emison — Opinion of the Court

“ The first branch of the proposition is true beyond all doubt. That these circumstances would bring the claim within the provisions of the acts of 1811 and 1818, and entitle it to be reserved from sale, will not be controverted. The question is, if reserved, could the State lawfully select it under the act of March 6th, 1820. ”

[↩︎]

Source: Wikisource

John McLean, Delauriere v. Emison — Opinion of the Court

“ On consideration whereof, it is now here ordered and adjudged by this court, that the judgment of the said Supreme Court in this cause be, and the same is hereby, affirmed, with costs.
Notes
This work is in the public domain in the United States because it is a work of the United States federal government (see 17 U.S.C. 105) . ”

John McLean

Summary

Quotes from Delauriere v. Emison — Opinion of the Court (John McLean)

Common terms

Similar works

Get perspective with Kwize: daily news enlightened by great literature