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OF

CASES ARGUED AND DETERMINED

IN

THE SUPREME COURT

OF

THE UNITED STATES.

AT

DECEMBER TERM 1862.

BY J. S. BLACK, LL.D.

VOL. II.

THE BANKS LAW PUBLISHING CO.
21 MURRAY STREET, NEW YORK

1903

Entered according to Act of Congress in the year 1863,

BY J. 8. BLACK.

in the Clerk's Office of the District Court of the District of Columbia.

PREFATORY NOTE.

THE defects of this volume should explain themselves. While it is considerably larger than the last one, it contains a less number of cases, and most of them are reported with the utmost brevity. This could not be helped. Castillero vs. United States, occupies a large part of the book, though compressed within limits as narrow as common fairness would permit. Justice to the majority of the Court required a statement of the facts with the documentary evidence on which the decree was founded, and a short abridgement of the points made for the United States. This being done, it was due to the dissenting Judges and the counsel for the claimants that the arguments on the other side should be given with about equal fulness.

But the inevitable length of that case made it necessary to exercise a strict economy of space in reporting the others. In nearly all, the arguments of counsel were condensed, arranged, and otherwise prepared for insertion, but were omit ted when it was found that room could not be made for them.

It will be seen that the Judges, following a custom long established in this Court, have made their statements so full that in most cases the opinion is a report as well as a decision. The reader does not need to be told in each several case where he must look for the facts. It is enough to say now, once for all, that when the whole case is elaborately set forth by the Court, it cannot be necessary to give the same version over again, or proper to give a different one.

The members of the profession should know that their thanks are due to Mr. O'Conor, Mr. Dana, and Mr. Carlisle, for putting into a condensed and readable form the admirable arguments made by the first named gentleman in Castillero vs. United States, and by the two last in the Prize Cases.

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