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Updated: June 3, 2025
They respect such decisions as the opinions of distinguished men, and they pay no higher regard to their own previous adjudications of any case. It is not easy to perceive how the law can acquire any stability under such a system, or how any individual can ascertain his rights, without a lawsuit.
They would supplement that Court, which now protects the civil rights of all concerned through its adjudications in civil cases, by assisting the Congress and the President to protect and preserve the political rights of all concerned through dispositions and needful rules and regulations in political cases.
If such well-known distinction exists, where are the proofs of it? What writers of authority on public law, what adjudications in courts of admiralty, what public treaties, recognize it?
Nor did there exist any judicial authority to which an appeal could be taken for the enforcement of national rights and obligations as against inconsistent State laws and adjudications. These defects were sought to be remedied by the Constitution of the United States. But, as in the case of all other written instruments, the provisions of this document were open to construction.
In short, I can see no reason, under the law, why designs may not be generic, why what are called "broad claims," may not be made to them, and why the doctrine of artistic or aesthetic equivalents may not be applied to them. This has been recognized to a greater or less extent in the adjudications of the courts and in the practice of the Office. One of the reported cases is that of Booth vs.
The message intimated that the adjudication of impeachments by the Assembly was to rest with the Legislative Council; that the Regent trusted that the Council would discharge the important duties which thus devolved upon them in such a manner as to give satisfaction to all classes of people in the province; and that the Governor, not having had instructions, as to the manner in which the adjudications were to be conducted, would apply to the Regent for instructions and communicate them as soon as obtained.
These were followed by a partial and temporary suspension only, without any disavowal of the principle. He has therefore been instructed to urge this subject anew, to bring it more fully to the bar of reason, and to insist on rights too evident and too important to be surrendered. In the meantime the evil is proceeding under adjudications founded on the principle which is denied.
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