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C. Edwards Lester, Life and public services of Charles Sumner: Born Jan. 6, 1811. Died March 11, 1874., Section Fifth: Senatorial career. (search)
ens v. Virginia (6 Wheaton, 407), the Court say: What is a suit? We understand it to be the prosecution of some claim, demand or request. Of course, then, the claim for a fugitive must be a suit. Secondly. In the case of Parsons v. Bedford (3 Peters, 456), while considering this very clause, the Court say: By common law is meant not merely suits which the common law recognized among its old and settled proceeding, but suits in which legal rights were to be ascertained and determined. In a jey may assume to settle legal rights. Now, since the claim for a fugitive is not a suit in Equity or Admiralty, but a suit to settle what are called legal rights, it must, of course, be a suit at common law. Thirdly. In the case of Lee v. Lee (8 Peters, 44), on a question whether the value in controversy was one thousand dollars and upwards, it was objected that the appellants, who were petitioners for Freedom, were not of the value of one thousand dollars. But the Court said: The matter in dis
C. Edwards Lester, Life and public services of Charles Sumner: Born Jan. 6, 1811. Died March 11, 1874., Xvi. (search)
ens v. Virginia (6 Wheaton, 407), the Court say: What is a suit? We understand it to be the prosecution of some claim, demand or request. Of course, then, the claim for a fugitive must be a suit. Secondly. In the case of Parsons v. Bedford (3 Peters, 456), while considering this very clause, the Court say: By common law is meant not merely suits which the common law recognized among its old and settled proceeding, but suits in which legal rights were to be ascertained and determined. In a jey may assume to settle legal rights. Now, since the claim for a fugitive is not a suit in Equity or Admiralty, but a suit to settle what are called legal rights, it must, of course, be a suit at common law. Thirdly. In the case of Lee v. Lee (8 Peters, 44), on a question whether the value in controversy was one thousand dollars and upwards, it was objected that the appellants, who were petitioners for Freedom, were not of the value of one thousand dollars. But the Court said: The matter in dis