their control. Such control and occupancy can not be deemed unconstitutional or an unauthorized interference with the internal affairs of a friendly power, under the circumstances existing in Cuba. It is not competent for the judiciary to make any declaration as to the length of time such occupancy can continue, as that is purely a political question. Neely v. Henkel, id. Ex post facto law.-A State statute of 1887, providing a heavier punishment for a person who had twice been convicted of a crime, and sentenced and convicted, keld not ex post facto where he had twice been convicted before he was convicted under the statute. He was not punished for first crimes but for the one last committed. McDonald v. Moss, 21 S. C. Reporter, 389. A degree annulling the charter of a corporation and enjoining its officers from acting as a corporation because of the illegality of its object does not take away property without due process of law. New Orleans Debenture Co. v. State of La., 211 U. S. C. Rep., 384. NOTE.-Marbury v. Madison, 1 Cranch, 137. This case, in the foregoing annotation, is cited only to the point of the jurisdiction of the Court, as that was the point on which the case was dismissed. It is really a most important exposition of the Constitution. The facts are these: As President Adams' term was about to expire he appointed Marbury, with others, as justice of the peace of the District of Columbia, and the senate confirmed him. The commission was made out, signed and sealed and was ready for delivery, when President Jefferson assumed the office of President. He decided that the appointment was not complete until the delivery of the commission, and directed Mr. Madison, his Secretary of State, not to deliver the commission. Marbury applied to the Supreme Court for a writ of mandamus to compel the delivery. In an opinion, regarded as one of the ablest Chief Justice Marshall delivered, he, with the concurrence of the Court, laid down the following propositions: 1. Marbury's appointment was complete and vested in him the title to and legal right to exercise the office. 2. That mandamus was the proper remedy, and might issue from a court of competent jurisdiction to compel the Secretary of State to deliver the commission. This proposition that the executive and ministerial officers of the United States may be compelled by the courts to perform any plain, specific, legal duty has been accepted as the law of the land. 3. That the President is by the Constitution invested with certain important political powers and in their exercise uses his own discretion, and appoints officers to aid him who acts by his authority and conform to his orders, and their acts are his acts and not examinable by the courts. 4. But when the legislature imposes upon these of ficers appointed by the President other duties on which the rights of individuals are dependent, he is an officer of the law, amenable to the law for his conduct. So far as the heads of departments are the political or confidential agents of the President, so far their acts are only politically and not judicially examinable. Where specific duties are assigned by law, on which individual rights depend, a person aggrieved may apply to the courts for a remedy. 5. But original jurisdiction to grant a writ of mandamus in such a case is not conferred on the Supreme Court. 6. The 13th section of the Judiciary Act (1 Stats. at Large, 81) which attempts to confer on the Supreme Court power to issue writs of mandamus, in classes of cases of original jurisdiction, is imperative and void, as it contravenes the Constitution the Congress can not enlarge the jurisdiction of the court. 7. An act of Congress repugnant to the Constitution is void. As the Court decided against its jurisdiction the case was dismissed, but the principles enunciated have ever since been regarded as sound and recognized as law and repeatedly followed. See, Notes of Decisions of Supreme Court. INDEX. A. Page. effect of, as naturalizing citizens 'Accounts of receipts and expenditures to be kept and published 'Admiralty Jurisdiction extends to navigable lakes and rivers.. 143 365 266 268 267 91 99 ... Federal courts have jurisdiction where, are parties. 222 242 ...... joint traffic combinations illegal Appeals over State Courts on Federal questions.. Armies, Congress may raise and support Anti-trust Act does not apply to a live stock association named.. Appellate Jurisdiction of Supreme Court over Circuit Court of 'Appointments, President to make, of officers. and commission same may judge of size regulations for 223-241 217, 219 220 118 118 120 Arms, right of people to keep and bear Arsenals, power of Congress over... Assessments. (See Taxation.) for taxation, methods of, when "due process of law". defined and distinguished B Page. 124, 127 399 134 134, 144 Bail, excessive, not to be required.. Bank of United States, tax on circulation of, void.. power of Congress to establish.. 316 24 25 Bank, dissolution of, does not impair contract.. 175 trust fund of, for creditors, can not be diverted to State.. 138 Bank Notes, State agreeing to receive for taxes, etc., can not re- 148 foreign discharge in, no bar.... State laws, when impair obligation of contract. Bills of Credit, States not to issue..... what are, and are not..... Bonds of United States not taxable by States. nor corporate capital composed of.. tax on foreign-held, vold..... municipal, a contract which State can not impair. Borrowing Money, power of Congress as to... beyond State interference....... Bounty on salt to encourage manufacture, not a contract.. 182 be authorized near it.. 156 exclusive franchise not violated by chartering railroad 180 Bridges over Narigable Streams, power of Congress as to......91-94 91-96 C. Contracts, Impairing Obligations of, States not to pass laws |