Peter Vivian Daniel

“ It is contended, in the argument on behalf of the plaintiff in error, that the act of the legislature of Ohio, of March 6th, 1839, is an invasion of his right to exemption from taxes, or rather from all taxation, alleged to have been conferred by the act of 1809, and therefore an infringement of that portion of the tenth section of the first article of the Constitution of the United States, which prohibits the passing of laws by the States impairing the obligation of contracts. ”

“ The Treasurer of Athens County, reported in 16 Peters, 281, this subject of jurisdiction under the twenty-fifth section of the Judiciary Act appears to have been still more elaborately treated than it had been previously done, and the law concerning it propounded in a series of six plain propositions; they are are as follow. That to give jurisdiction, it must appear on the record itself that the case is one embraced by the section,-first, either by express averment or by necessary intendment in the pleadings in the case ”

“ The third section of the act of 1839 appropriates the taxes thereby ordered to be assessed and levied on the lands in Butler county exclusively to the support of the common schools in the school districts of the township of Oxford, and directs the disbursement of the amount of these taxes in conformity with the provisions of a statute of Ohio for the regulation of common schools, passed on the 7th of March, 1838. ”