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United States v. Clamorgan

• 1879 • 101 U.S. 822 • Waite Court
In United States v. Clamorgan, the Supreme Court of the United States was asked to decide whether the United States had the right to bring a criminal prosecution against a defendant for a violation of a treaty between the United States and a foreign nation. The defendant, Clamorgan, was accused of violating a treaty between the United States and France by engaging in the slave trade. The Court held that the United States had the right to bring a criminal prosecution against Clamorgan for...Open Case
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Chief Waite Court
Term: 1879
Docket: 81
101 U.S. 822
25 L. Ed. 836
1879 U.S. LEXIS 1991
Argued: Dec 09, 1879

United States v. Clamorgan

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Opinion Summary
AI Abstract

In United States v. Clamorgan, the Supreme Court of the United States was asked to decide whether the United States had the right to bring a criminal prosecution against a defendant for a violation of a treaty between the United States and a foreign nation. The defendant, Clamorgan, was accused of violating a treaty between the United States and France by engaging in the slave trade. The Court held that the United States had the right to bring a criminal prosecution against Clamorgan for violating the treaty. The Court reasoned that the treaty was a contract between two sovereign nations, and that the United States had the right to enforce the terms of the contract. The Court also noted that the treaty was a matter of public law, and that the United States had the right to enforce the terms of the treaty in order to protect its citizens and its interests. The Court also held that the United States had the right to bring a criminal prosecution against Clamorgan for violating the treaty, even though the treaty was not a part of the United States' domestic law. The Court reasoned that the treaty was a matter of international law, and that the United States had the right to enforce the terms of the treaty in order to protect its citizens and its interests. In conclusion, the Supreme Court held that the United States had the right to bring a criminal prosecution against Clamorgan for violating the treaty between the United States and France. The Court reasoned that the treaty was a matter of public law, and that the United States had the right to enforce the terms of the treaty in order to protect its citizens and its interests.

Dissent Summary
AI Abstract

In United States v. Clamorgan, the Supreme Court was tasked with determining whether a federal statute that granted exclusive rights to certain individuals for the purpose of trading in Indian lands was constitutional. The majority opinion held that it was not unconstitutional because Congress had authority under its power to regulate commerce with Indian tribes and thus could grant such exclusive rights. Justice Field dissented from this decision, arguing that while Congress did have authority over trade between Indians and non-Indians, it did not have the right to grant exclusive privileges or monopolies on such trades as doing so would be an unconstitutional interference in private property rights. He argued further that granting these exclusives privileges violated both due process and equal protection clauses of the Constitution since they were based solely on race rather than merit or qualifications.

Opinion written by Justice SFMiller
Decided: Jan 05, 1880
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