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" We will not say that a state may not relinquish it; that a consideration sufficiently valuable to induce a partial release of it may not exist ; but as the whole community is interested in retaining it undiminished, that community has a right to insist... "
The Writings of John Marshall, Late Chief Justice of the United States, Upon ... - Page 405
by John Marshall - 1839 - 728 pages
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Reports of Cases Argued and Adjudged in the Supreme ..., Volume 4; Volume 29

United States. Supreme Court - Law reports, digests, etc - 1835 - 624 pages
...that a consideration sufficiently valuable to induce a partial release of it may not exist : but as the whole community is interested in retaining it...presumed in a case in which the deliberate purpose of the »Ute to • abandon it does not appear. The great object of an incorporation is to bestow the character...
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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 - 696 pages
...principle, in the following clear and emphaticlanguage. Speaking of the taxing power, he says, " as the whole community is interested in retaining it...purpose of the state to abandon it does not appear." The case now before the Court, is, in principle, precisely the- same. It is a charter from a state. The...
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The North American Review, Volume 46

North American review and miscellaneous journal - 1838 - 728 pages
...Speaking of the taxing power, he says, ' as the whole community is interested in retaining it undimmished, that community has a right to insist that its abandonment...purpose of the State to abandon it does not appear.' The case now before the Court is, in principle, precisely the same. It is a charter from a State. The act...
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The North American Review, Volume 46

Jared Sparks, Edward Everett, James Russell Lowell, Henry Cabot Lodge - American fiction - 1838 - 618 pages
...Speaking of the taxing power, he says, ' as the whole community is interested in retaining it undimmished, that community has a right to insist that its abandonment ought not to lie presumed, in a case in which the deliberate purpose of the State to abandon it does not appear."...
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The United States Magazine and Democratic Review, Volume 7

United States - 1840 - 574 pages
...there was a deliberate purpose manifested ; for, " as the whole community is interested in maintaining it undiminished, that community has a right to insist,...purpose of the State to abandon it does not appear." Such was the language of Judge Marshall When it is recollected that an argument much relied upon in...
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The United States Democratic Review, Volume 7

United States - 1840 - 582 pages
...there was a deliberate purpose manifested ; for, " as the whole community is interested in maintaining it undiminished, that community has a right to insist,...purpose of the State to abandon it does not appear." Such was the language of Judge Marshall When it is recollected that an argument much relied upon in...
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Reports of Cases Argued and Determined in the Court of Appeals of ..., Volume 5

Maryland. Court of Appeals, Richard W. Gill, Oliver Miller - Law reports, digests, etc - 1850 - 596 pages
...Mayor, &c. of Baltimore. — 1847. valuable to induce a partial release of it may not exist : but as the whole community is interested in retaining it...purpose of the State to abandon it does not appear." In the case by the Stourbridge Canal against Wheeley, 2 Barn fy Adolph. 792, Lord Tenterden, when speaking...
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Southern Quarterly Review, Volume 16

Daniel Kimball Whitaker, Milton Clapp, William Gilmore Simms, James Henley Thornwell - 1850 - 556 pages
...release of it may not exist ; but as the whole community is interested in retaining it undiminislied, that community has a right to insist that its abandonment...purpose of the State to abandon it does not appear.' " Adverting to the article of the constitution giving to congress the power to establish a uniform...
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Reports of Cases in Law and Equity, Argued and Determined in the ..., Volume 9

Georgia. Supreme Court - Equity - 1851 - 716 pages
...daily pass — the community have a right to insist^ in the language of this Court above quoted — " that its abandonment ought not to be presumed in a case, in which the deliberate purpose ofthe State to abandon it, does not appear." The continued existence of a government would be of no...
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The American Law Journal, Volume 1; Volume 8

Law - 1849 - 604 pages
...must daily pass, the community have a right to insist, in the language of this Court above quoted, "that its abandonment ought not to be presumed in...purpose of the State to abandon it does not appear." * * • No one will question that the interests of the great body of the people of the State, would,...
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