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" There are certain vital principles in our free republican governments, which will determine and overrule an apparent and flagrant abuse of legislative power; as to authorize manifest injustice by positive law; or to take away that security for personal... "
Reports of Cases in Law and Equity in the Supreme Court of the State of New York - Page 318
by Oliver Lorenzo Barbour - 1868
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American Quarterly Review, Volume 7

Robert Walsh - American essays - 1830
...and flagrant abuse of legislative power; as, to authorize a manifest injustice by positive law, or take away that security for personal liberty, or private property, for the protection whereof the government was established: — an act of legislation (for I cannot call it a law), contrary...
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Reports of Cases Argued and Adjudged in the Supreme Court of the ..., Volume 36

United States. Supreme Court - Law reports, digests, etc - 1837
...determine and overrule an apparent and flagrant abuse of legislative power; as to authorize manifest injustice by positive law; or to take away that security...personal liberty or private property, for the protection whereof government was established. An act of the legislature, for I cannot call it. a law, contrary...
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The Writings of John Marshall: Late Chief Justice of the United States, Upon ...

John Marshall - Constitutional law - 1839 - 728 pages
...determine and overrule an apparent and flagrant abuse of legislative power ; as , to authorize manifest injustice by positive law ; or, to take away that...personal liberty, or private property, for the protection whereof the government was established. An act of the legislature, for I cannot call it a law, contrary...
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A Discourse on Slavery: Delivered Before the Anti-slavery Society in ...

William Dexter Wilson - Slavery - 1839 - 51 pages
...apparent and flagrant abuse of legislative power ; as, to authorize manifest injustice by positive lav/, to take away that security for personal liberty or private property for the protection whereof the government was established. An act of the legislature contrary to the great first principles...
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An Argument on the Unconstitutionality of Slavery: Embracing an Abstract of ...

George Washington Frost Mellen - Constitutional history - 1841 - 440 pages
...not in the power of the legislature, " in our free republican governments," " to authorize manifest injustice by positive law, or to take away that security...personal liberty, or private property, for the protection whereof government was established." Language cannot be plainer; and, if the present court hold to...
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A Journal of the Proceedings of the House of Representatives of the ...

Florida. Legislature. House of Representatives - Florida - 1845
...determine and overrule an apparent and flagrant abuse of legislative power ; as, to authorize manifest injustice by positive law ; or to take away that security...personal liberty, or private property, for the protection whereof the government was established. An act of the legislature, (for I cannot call it a law,) contrary...
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Commentaries on Statute and Constitutional Law and Statutory and ...

E. Fitch Smith - Constitutional law - 1848 - 976 pages
...flagrant abuse of legislative power; such, for instance, as authorized manifest injustice, or took away that security for personal liberty or private property, for the protection of which government was established. An act of the legislature, contrary to the great principles of the social...
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The Unconstitutionality of the Prohibitory Liquor Law Confirmed

Metropolitan Society for the Protection of Private and Constitutional Rights (New York) - Liquor laws - 1855 - 183 pages
...determine and overrule an apparent and flagrant abuse of Legislative Power — as to authorize manifest injustice by positive law, or to take away that security...personal liberty, or private property, for the protection whereof the government was established. An act of the Legislature, (for I cannot call it a law,) contrary...
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Practice Reports in the Supreme Court and Court of Appeals, Volume 12

Nathan Howard, New York (State). Supreme Court - Civil procedure - 1856
...overrule an apparent and flagrant abuse of legislative power; as to authorize manifest injustice by a positive law, or to take away that security for personal liberty or private property, for the protection whereof government was established. * * * A few instances will suffice to explain what I mean : A law...
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A Treatise on the Rules which Govern the Interpretation and Application of ...

Theodore Sedgwick - Constitutional history - 1857 - 712 pages
...determine and overrule an apparent and flagrant abuse of legislative power, as to authorize manifest injustice by positive law, or to take away that security...personal liberty or private property, for the protection whereof the government was established. An act of the legislature (for I cannot call it a law) contrary...
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