BOUNTY. See Allowances. BURDEN OF PROOF. See Deed; Municipal Bonds, 3. CAPTURE. See Captured or Abandoned Property, 3-6; Insurrection. CAPTURED OR ABANDONED PROPERTY. See Court of Claims, 2; 1. Certain premises in Louisiana, belonging to a citizen of that State, 4. What shall be the subject of capture, as against his enemy, is always 5. Unless restrained by governmental regulations, the capture of mov- CAPTURED OR ABANDONED PROPERTY (continued). in the national treasury, and the claimant allowed within a prescribed time to sue in the Court of Claims, and to receive the net proceeds, on proof to its satisfaction, of his loyalty, and of his right to them. Id. 6. Neither the captors, nor the special agents of the treasury to whom they delivered the captured property, are liable to the owner thereof in an action at law for any thing by them done within the scope of their delegated powers. Acting for the government, they are protected by its authority; and he must look to it, not to them, for indemnity. Id. 7. It is incumbent upon a claimant, under the Captured or Abandoned Property Act, to establish by sufficient proof that the property captured or abandoned came into the hands of a treasury agent; that it was sold; that the proceeds of the sale were paid into the treasury of the United States; and that he was the owner of the property, and entitled to the proceeds thereof. United States v. Ross, 281. 8. Because the claimant's property was captured and sent forward by a military officer, and there is an unclaimed fund in the treasury derived from sales of property of the same kind, a court is not authorized to conclude, as matter of law, that the property was delivered by that officer to a treasury agent, that it was sold by the latter, and that the proceeds were covered into the treasury. Id. CARONDELET COMMONS. The deed of conveyance executed to the United States on the twenty-fifth day of October, 1854, by the city of Carondelet, of a part of the commons of Carondelet upon which Jefferson Barracks are situate, having been based upon an equitable compromise of a long-pending and doubtful question of title, is valid. City of St. Louis v. United States, 462. CESTUI QUE TRUST. See Parties, 1. CHARGE TO THE JURY. See Court and Jury. CITIZENS. See Constitutional Law, 8-10. COLLATERAL SECURITIES. A creditor holding collaterals is not bound to apply them before enforcing his direct remedy against his debtor. Lewis, Trustee, v. United States, 618. COLLISION. See Admiralty, 2-5. COMMERCE. See International Law, 1-4. 1. The case of the City of New York v. Miln, 11 Pet. 103, decided no more than that the requirement from the master of a vessel of a catalogue of his passengers landed in the city, rendered to the mayor on oath, with a correct description of their names, ages, occupations, places of birth, and of last legal settlement, was a police regulation COMMERCE (continued). within the power of the State to enact, and not inconsistent with the 2. The result of the Passenger Cases, 7 How. 283, is that a tax demanded Id. 3. These cases criticised, and the weight due to them as authority con- Id. 4. A statute which imposes a burdensome and almost impossible condi- 5. Such a statute of a State is a regulation of commerce, and, when 6. It is no answer to the charge, that such regulation of commerce by a 7. Though it be conceded that there is a class of legislation which may 8. The statutes of New York and Louisiana, here under consideration, 9. The constitutional objection to this tax on the passenger is not re- 10. The court does not, in this case, undertake to decide whether or not COMMERCE (continued). against paupers, convicted criminals, and others of that class, but is of opinion that to Congress rightfully and appropriately belongs the power of legislating on the whole subject. Id. 11. The statute of California, which is the subject of consideration in this case, does not require a bond for every passenger, or commutation in money, as do the statutes of New York and Louisiana, but only for certain enumerated classes, among which are "lewd and debauched women." Chy Lung v. Freeman et al., 275. 12. But the features of the statute are such as to show very clearly that the purpose is to extort money from a large class of passengers, or to prevent their immigration to California altogether. Id. 13. The statute also operates directly on the passenger; for, unless the master or the owners of the vessel give an onerous bond for the future protection of the State against the support of the passenger, or pay such sum as the Commissioner of Immigration chooses to exact, he is not permitted to land from the vessel. Id. 14. The powers which the commissioner is authorized to exercise under this statute are such as to bring the United States into conflict with foreign nations, and they can only belong to the Federal government. Id. 15. If the right of the States to pass statutes to protect themselves in regard to the criminal, the pauper, and the diseased foreigner, landing within their borders, exists at all, it is limited to such laws as are absolutely necessary for that purpose; and this mere police regulation cannot extend so far as to prevent or obstruct other classes of persons from the right to hold personal and commercial intercourse with the people of the United States. Id. 16. The statute of California extends, in this respect, far beyond the necessity in which the right, if it exists, is founded, and invades the right of Congress to regulate commerce with foreign nations. It is, therefore, void. Id. COMMISSIONER OF PATENTS, DECISIONS OF. See Patents, 1. CONCESSIONS OF LAND BY THE MEXICAN OR SPANISH GOVERNMENT. See Public Lands, 9. 1. The Board of Land Commissioners, under the act of March 3, 1851 (9 Stat. 631), passed in 1855 a decree confirming a grant for all the land asked for in the petition, which was acquiesced in until 1872, when a petition praying that the estimate of quantity in the original petition be stricken out, and that the land as now claimed be confirmed, was presented to the District Court, Held, that the claimants are without remedy under any act of Congress. Williams et al. v. United States, 457. 2. In an action of ejectment for land in California, where both parties assert title to the premises, the plaintiff under a concession of the former government, confirmed by the tribunals of the United States, CONCESSIONS OF LAND BY THE MEXICAN OR SPANISH and an approved survey under the act of Congress of June 14, 1860, 3. Where the original concessions in such cases were without specific CONDITION PRECEDENT. See Equity, 1; Land Grants, 2; Municipal Bonds, 2-6, 8, 10-13. CONFISCATION. See Amnesty. 1. The act of July 17, 1862 (12 Stat. 589), is an act for the confiscation of enemies' property, and provides for the seizure and condemnation of all their estate. When it has been carried into effect by appropriate proceedings in any given case, the offender has no longer any interest or ownership in the thing forfeited which he can convey, or any power over it which he can exercise in favor of another. Wallach et al. v. Van Riswick, 202. 2. The joint resolution of even date with that act was designed only to qualify, and not defeat it. The provision therein, that "no proceedings shall work a forfeiture beyond the life of the offender," obviously means that they shall not affect the ownership of the land after the termination of his natural life; and that, after his death, it shall pass and be owned as if it had not been forfeited. It was intended for the exclusive benefit of his heirs, and to enable them to take the inheritance after his death. Id. CONSOLIDATED BONDS. See Louisiana Consolidated Bonds. CONSOLIDATION OF COMPANIES. See Corporations, 1-7. CONSTITUTIONAL LAW. See Commerce, 1-16; Duty on Exports, 1; 1. A trial by jury in suits at common law pending in the State courts is 2. Rights and immunities created by or dependent upon the Constitution of the United States can be protected by Congress. The form and manner of that protection may be such as Congress, in the legitimate exercise of its legislative discretion, shall provide, and may be H |