Samuel Freeman Miller

Name: Keith v. Clark — Opinion of the Court
Author: Samuel Freeman Miller

Summary

“Keith v. Clark — Opinion of the Court”, is a work by Samuel Freeman Miller. It explores elements such as the United States, the State of Tennessee and rebellion.

Quotes from Keith v. Clark — Opinion of the Court (Samuel Freeman Miller)

Samuel Freeman Miller, Keith v. Clark — Opinion of the Court

“ The obligations of the State, as a member of the Union, and of every citizen of the State, as a citizen of the United States, remained perfect and unimpaired. It certainly follows that the State did not cease to be a State, nor her citizens to be citizens, of the Union. If this were otherwise, the State must have become foreign, and her citizens foreigners. The war must have ceased to be a war for the suppression of rebellion, and must have become a war for conquest and subjugation. ”

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Source: Wikisource

Samuel Freeman Miller, Keith v. Clark — Opinion of the Court

“ Not only is it the same body politic now, but it has always been the same. There has been perpetual succession and perpetual identity. There has from that time always been a State of Tennessee, and the same State of Tennessee. Its executive, its legislative, its judicial departments have continued without interruption and in regular order. It has changed, modified, and reconstructed its organic law, or State Constitution, more than once. It has done this before the rebellion, during the rebellion, and since the rebellion. ”

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Source: Wikisource

Samuel Freeman Miller, Keith v. Clark — Opinion of the Court

“ This may be done by disintegration of its parts, by its absorption into and identification with some other State or nation, or by the absolute and total dissolution of the ties which bind the society together. We know of no other way in which it can cease to be a State. No change of its internal polity, no modification of its organization or system of government, nor any change in its external relations short of entire absorption in another State, can deprive it of existence or destroy its identity. ”

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Source: Wikisource

Samuel Freeman Miller, Keith v. Clark — Opinion of the Court

“ As the same facts are involved in the question of jurisdiction and the issue on the merits, it may be as well to state them.
They appear in a bill of exceptions taken at the trial on the first appeal, which was a trial de novo before a jury. The defendant was a collector of taxes, to whom plaintiff had tendered $40 of the bills of the Bank of Tennessee, which, with other lawful money tendered at the same time, was the amount due. ”

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Source: Wikisource

Samuel Freeman Miller, Keith v. Clark — Opinion of the Court

“ She deliberates and takes resolutions in common, thus becoming a moral person who possesses an understanding and a will peculiar to herself, and is susceptible of obligations and rights.' Law of Nations, sect. 1.
Cicero and subsequent public jurists define a State to be a body political or society of men united together for the purpose of promoting their mutual safety and advantage by their combined strength. Wheaton, International Law, sect. 17. Such a body or society, when once organized as a State by an established government, must remain so until it is destroyed. ”

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Source: Wikisource

Samuel Freeman Miller, Keith v. Clark — Opinion of the Court

“ Whenever such a plea is presented, we can, if it comes to us, pass intelligently on its validity. If issue is taken, the facts can be embodied in a bill of exceptions or some other form, and we can say whether those facts render the contract void. ”

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Source: Wikisource

Samuel Freeman Miller, Keith v. Clark — Opinion of the Court

“ Mr. Chief Justice Chase, in delivering the judgment of the court on this question, says: 'The ordinance of secession, adopted by the convention and ratified by a majority of the citizens of Texas, and all the acts of her legislature intended to give effect to that ordinance, were absolutely null. They were utterly without operation in law. ”

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Source: Wikisource

Samuel Freeman Miller, Keith v. Clark — Opinion of the Court

“ Those who assert the exception of these notes from the general proposition are not very well agreed as to the reasons on which it shall rest, and we must confess that, as they are presented to us, they are somewhat vague and shadowy. ”

Samuel Freeman Miller

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Quotes from Keith v. Clark — Opinion of the Court (Samuel Freeman Miller)

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