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" ... appellate ; the distribution of jurisdiction, made in the Constitution, is form without substance. Affirmative words are often, in their operation, negative of other objects than those affirmed ; and in this case a negative or exclusive sense must... "
Cases Argued and Adjudged in the Supreme Court of Florida - Page 125
by Florida. Supreme Court - 1884
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Reports of Cases Argued and Adjudged in the Supreme Court of the ..., Volume 1

United States. Supreme Court, William Cranch - Court rules - 1812 - 486 pages
...this case, a negative or exclusive sense must be given to them, or they have no operation at all. It cannot be presumed that any clause in the constitution...construction is inadmissible, unless the words require it. *If the solicitude of the convention, respecting our * 175 peace with foreign powers, induced a provision...
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Reports of Cases Argued and Adjudged in the Supreme Court of the ..., Volume 6

United States. Supreme Court - Law reports, digests, etc - 1821 - 738 pages
...must be given to them, or they have no operation at all." " It cannot be presumed," adds the Court, " that any clause in the constitution is intended to...construction is inadmissible, unless the words require it." . The whole reasoning of the Court proceeds upon the idea that the affirmative words of the clause...
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Reports of Cases Argued and Adjudged in the Supreme ..., Volume 6; Volume 19

United States. Supreme Court - Law reports, digests, etc - 1821 - 726 pages
...must be given to them, or they have no operation at all." " It cannot be presumed," adds the Court, " that any clause in the constitution is intended to...without effect ; and, therefore, such a construction is inad- 102i. missible, unless the words require it." The whole reasoning of the Court proceeds upon...
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Niles' National Register, Volume 20

1821 - 438 pages
...no'operation at all." "It cannot be presumed, adds the court, that any clause in the constitution Uintended to be without effect; and, therefore, such a construction is inadmissible unless the words require it." 'The whole reasoning of the court prdceeds upon the idea that the affirmative words of the clause,...
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The Writings of John Marshall, Late Chief Justice of the United States, Upon ...

John Marshall - Constitutional law - 1839 - 762 pages
...this case a negative or exclusive sense must be given to them, or they have no operation at all. \ It cannot be presumed that any clause in the constitution...construction is inadmissible, unless the words require it.), If the solicitude of the convention respecting our peace with foreign powers induced a provision that...
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Reports of Cases Argued and Determined in the Supreme Court of the ..., Volume 1

California. Supreme Court - Law reports, digests, etc - 1851 - 672 pages
...revises proceedings already instituted, and does not institute them ; and that to enable the court to issue a mandamus, it must be shown to be an exercise of appellate jurisdiction, or be necessary to enable the court to exercise such jurisdiction ; and it was held, in pursuance of these...
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Commentaries on American Law, Volume 1

James Kent - Law - 1851 - 706 pages
...original jurisdiction where the constitution had declared it should be appellate. To enable the court to issue a mandamus, it must be shown to be an exercise, or *necessary to an *323 exercise, of appellate jurisdiction. The Supreme Court may accordingly issue...
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Commentaries on the Jurisdiction, Practice, and Peculiar ..., Volume 1

George Ticknor Curtis - Constitutional law - 1854 - 674 pages
...this case, a negative or exclusive sense must be given to them, or they have no operation at all. " It cannot be presumed that any clause in the Constitution...construction is inadmissible, unless the words require it. " If the solicitude of the convention, respecting our peacex with foreign powers, induced a provision...
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Free Government in England and America: Containing the Great ..., Volume 25

John Fulton - Constitutional history - 1864 - 582 pages
...this case a negative or exclusive sense must be given to them, or they have no operation at all. " It cannot be presumed that any clause in the Constitution...construction is inadmissible, unless the words require it. " If the solicitude of the convention, respecting our peace with foreign powers, induced a provision...
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Reports of Decisions in the Supreme Court of the United States ..., Volume 5

United States. Supreme Court, Benjamin Robbins Curtis - Law reports, digests, etc - 1864 - 594 pages
...cannot be presumed," adds the court, " that any clause in the constitution is intended to [ * 401 ] be without * effect ; and, therefore, such a construction is inadmissible, unless the words require it." The whole reasoning of the court proceeds upon the idea that the affirmative words of the clause giving...
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