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" ... that its abandonment ought not to be presumed in a case in which the deliberate purpose of the State to abandon it does not appear. "
The North American Review - Page 138
edited by - 1838
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Reports of Cases Argued and Adjudged in the Supreme ..., Volume 4; Volume 29

United States. Supreme Court - 1835 - 624 pages
...retaining it undiminisbed, toil community has a right to insist that its abandonment ought not to be presumed in a case in which the deliberate purpose of the state W abandon it does not appear. Ibid. 12. The power of legislation, and consequently of taxation, operate...
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Reports of Cases Argued and Adjudged in the Supreme Court of the ..., Volume 36

United States. Supreme Court - 1837 - 696 pages
...right to insist, in the language of this Court, " that its abandonment ought not to bo presumed, hi a case in which the deliberate purpose of the state to abandon it does not appear." The continued existence of a government would be of no great value, if, by implications and presumptions,...
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The Writings of John Marshall, Late Chief Justice of the United States, Upon ...

John Marshall - 1839 - 762 pages
...retaining it undiminished, that community has a right to insist that its abandonment ought not to be presumed, in a case in which the deliberate purpose of the state to abandon it does not appear^ The plaintiffs would give to this charter the same construction as if it contained a clause exempting the...
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The United States Magazine and Democratic Review, Volume 7

1840 - 574 pages
...maintaining it undiminished, that community has a right to insist, that its abandonment ought not to be presumed, in a case in which the deliberate purpose of the State to abandon it does not appear." Such was the language of Judge Marshall When it is recollected that an argument much relied upon in...
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The United States Democratic Review, Volume 7

1840 - 582 pages
...maintaining it undiminished, that community has a right to insist, that its abandonment ought not to be presumed, in a case in which the deliberate purpose of the State to abandon it does not appear." Such was the language of Judge Marshall When it is recollected that an argument much relied upon in...
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Reports of Cases Argued and Determined in the Court of Appeals of ..., Volume 5

Maryland. Court of Appeals, Richard W. Gill, Oliver Miller - 1850 - 596 pages
...retaining it undiminished, that community has a right to insist that its abandonment ought not to be presumed, in a case in which the deliberate purpose of the State to abandon it does not appear." In the case by the Stourbridge Canal against Wheeley, 2 Barn fy Adolph. 792, Lord Tenterden, when speaking...
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Southern Quarterly Review, Volume 16

Daniel Kimball Whitaker, Milton Clapp, William Gilmore Simms, James Henley Thornwell - 1850 - 556 pages
...retaining it undiminislied, that community has a right to insist that its abandonment ought not to be presumed in a case in which the deliberate purpose of the State to abandon it does not appear.' " Adverting to the article of the constitution giving to congress the power to establish a uniform...
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Michigan Reports: Cases Decided in the Supreme Court of Michigan, Volume 118

Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, Elijah W. Meddaugh, William Jennison, Hovey K. Clarke, Hoyt Post, Henry Allen Chaney, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, Herschel Bouton Lazell, James M. Reasoner, Richard W. Cooper - 1900 - 804 pages
...Justice Marshall in Providence Bank v. Billings, 4 Pet. 514, 561, that "its abandonment ought not to be presumed in a case in which the deliberate purpose of the State to abandon it does not appear ;" citing, also, Charles River Bridge v. Warren Bridge, 11 Pet. 420; Minot v. Railroad Co., 18 Wall....
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The American Law Journal, Volume 1; Volume 8

1849 - 604 pages
...right to insist, in the language of this Court above quoted, "that its abandonment ought not to be presumed in a case in which the deliberate purpose of the State to abandon it does not appear." * * • No one will question that the interests of the great body of the people of the State, would,...
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Sketches of the Lives and Judicial Services of the Chief-justices of the ...

George Van Santvoord - 1854 - 554 pages
...right to insist, in the language of this Court, above quoted, ' that its abandonment ought not to be presumed, in a case, in which the deliberate purpose...of the State to abandon it, does not appear.' " The opinion of the Chief-Justice, dismissing the bill, was concurred in by Judges Wayne, Baldwin, and Barbour....
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