Some Account of the Work of Stephen J. Field as a Legislator, State Judge, and Judge of the Supreme Court of the United States

The Lawbook Exchange, Ltd., 2003 - 464 頁
[Field, Stephen Johnson]. Pomeroy, John Norton. Some Account of the Work of Stephen J. Field as a Legislator, State Judge, and Judge of the Supreme Court of the United States. [n.p.]: [[S.B. Smith], 1881. 464 pp. Reprinted 2003 by The Lawbook Exchange, Ltd. ISBN 1-58477-326-X Cloth. $90. * Stephen Johnson Field [1816-1899] began his career as a legislator and member of the Supreme Court of California. One of his earliest accomplishments was his work as draftsman of the 1851 California Practice Act. He was appointed to the United States Supreme Court in 1863 and remained on the bench until 1897. He also served a concurrent term as a circuit court judge for the Pacific states. One of the great justices of the nineteenth century, he had a lasting influence on Constitutional law through his contributions to Fourteenth Amendment jurisprudence and its Due Process Clause. Dictionary of American Biography III:373. In this book Pomeroy [1828-1885], the author of Treatise on Equity Jurisprudence and other important works, surveys and analyzes every significant opinion delivered by Field throughout his career, with an emphasis on his years on the U.S. Supreme Court and on the circuit.


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Broughtou vs Pensacola 222223
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Other cases in the Supreme Court 256258
The power of taxation by the General and State

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第 125 頁 - That all persons born in the United States and not subject to any foreign power, excluding Indians not taxed, are hereby declared to be citizens of the United States...
第 149 頁 - States, to make and enforce contracts, to sue, be parties, and give evidence, to inherit, purchase, lease, sell, hold, and convey real and personal property, and to full and equal benefit of all laws and proceedings for the security of person and property, as is enjoyed by white citizens, and shall be subject to like punishment, pains, and penalties, and to none other, any law, statute, ordinance, regulation, or custom, to the contrary notwithstanding.
第 150 頁 - What these fundamental principles are, it would perhaps be more tedious than difficult to enumerate. They may, however, be all comprehended under the following general heads : Protection by the government ; the enjoyment of life and liberty, with the right to acquire and possess property of every kind, and to pursue and obtain happiness and safety ; subject nevertheless to such restraints as the government may justly prescribe for the general good of the whole.
第 295 頁 - That whenever by priority of possession rights to the use of water for mining, agricultural, manufacturing, or other purposes have vested and accrued and the same are recognized and acknowledged by the local customs, laws, and the decisions of courts, the possessors and owners of such vested rights shall be maintained and protected in the same...
第 265 頁 - When the death of one is caused by the wrongful act or omission of another, the personal representatives of the former may maintain an action therefor against the latter, if the former might have maintained an action had he lived, against the latter for an injury for the same act or omission.
第 273 頁 - Commerce with foreign countries, and among the States, strictly considered, consists in intercourse and traffic, including in these terms navigation, and the transportation and transit of persons and property, as well as the purchase, sale, and exchange of commodities.
第 274 頁 - If the States may tax one instrument, employed by the government in the execution of its powers, they may tax any and every other instrument. They may tax the mail ; they may tax the mint ; they may tax...
第 381 頁 - The United States of America and the Emperor of China, cordially recognize the inherent and inalienable right of man to change his home and allegiance, and also the mutual advantage of the free migration and emigration of their citizens and subjects respectively from the one country to the other for the purposes of curiosity, of trade, or as permanent residents.