About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

Bernard Permoli, Plaintiff in Error, v. Municipality No. 1 or the City of New Orleans, Defendant in Error U.S. 589 (1845)

handle is hein.slavery/ussccases0321 and id is 1 raw text is: JANUARY TERM, 1846. 689 Permoli v. First Municipality. moneys, and others who receive more or less of the public funds, and what losses might not be anticipated by the public? No such principle has been recognised or admitted as a legal defence. And it is believed th6 instances are few, if indeed any can- be found, where any relief has been given in such cases by the interposition of Congress. As every depositary receives the office with a full knowledge of its responsibilities, he cannot, in case of lossi complain of hardship. He must stand by his bond, and meet the hazards which he volunta- rily incurs. The question certified to us is answered, that the defendant, Pres- cott, and his sureties, are not discharged from the bond, by a felo- nious stealing of the money, without any fault or negligence on the part df the depositary;- and, consequently, that no such defence to 'the bond can be made. BzRN,&R PERMOLJ, PLAIIFF IN ERROR, v. Mumcxp~ rry No.' I oF THE Crrf oF NEw ORLE .Ns, DEFENDANT IN ERROR. Thi c~drt has not jurisdiction, under the 25th section of the Judiciary-Act, of a 4uestion whether an ordinance f the corporate authorities of Mew Orleans does or does not impair religions liberty. The Constitution of the United States rafes-no provision for protecting the- citizens bf-the respective staths in their religious liberties; this i.leR to the state constitutions ana laws. The act of February 2t4b, 1811; authorizing the pebple of the territory.of. Orleans to form a constitution.and tate government, cdntained, in the-third7 section theriof, two provisoes; one in the riature of instructions howthe con- stitution was to be formed, and the other, reserving to the United States the property in the public lands, their txemption from state taxation, and the oommon right to-navigate thd Ihississippi. The first of these provisoes was fully satisfied by the abt of 1812, admitting Louisiana into the union, on an equal footing with the original states.' The conditions nd terms referred to ini the act of admission referred solely to the second proviio, involving rights of property and 'iavigation. The act of 1805, cbap. 83, .xtdfiding to theinhabitants of the Orleans territory the rights, privileges and aavantages secured to the :North Western terridfor: by the ordinance of 1787, had no further force after the adoption of the state constitution of Louislana, than other i£cts-of Congress, organizing the teri. torial governmdnt,-and standiag in connection with the ordinance. They are none or thdm*in force unless'they, were adopted by the state constituion. Tins case .was brouli± up by writ Qf error, under the 25th section of the Judiciary Act, from the City Cort bf NeW Oleans,. the highest appellate court in tsate to which the question could be carried.. -In 1842i the defendaits in error passed the following ordi- nance.~

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most