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United States. Supreme Court

REPORTS

OF

CASES ARGUED AND ADJUDGED

IN

THE SUPREME COURT

ОР

THE UNITED STATES.

JANUARY TERM, 1845.

BY BENJAMIN C. HOWARD,

COUNSELLOR AT LAW, AND REPORTER OF THE DECISIONS OF THE 'SUPREME COUNT
OF THE UNITED STATES..

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ENTERED according to act of Congress, in the year 1845, by T. & J. W. JOHNSON, in the Clerk's Office of the District Court of the Eastern District of Pennsylvania.

REPRINTED

FROM THE ORIGINAL EDITION.

BY

WILLIAM S. HEIN & CO, INC.

BUFFALO, N. Y.

AND

CLARK BOARDMAN CO. ITD

NEW YORK, N. Y.

1968

REPRINTED IN TAIWAN

SUPREME COURT OF THE UNITED STATES.

HON. ROGER B. TANEY, Chief Justice.
HON. JOSEPH STORY, Associate Justice.
HON. JOHN MCLEAN, Associate Justice.
HON. JAMES M. WAYNE, Associate Justice.
HON. JOHN CATRON, Associate Justice.
HON. JOHN MCKINLEY, Associate Justice.
HON. PETER V. DANIEL, Associate Justice.
HON. SAMUEL NELSON, Associate Justice.

JOHN Y. MASON, Esq., Attorney-General.

WILLIAM THOMAS CARROLL, Esq., Clerk.

BENJAMIN C. HOWARD Esq., Reporter.

ALEXANDER HUNTER, Esq., Marshal.

iii

PROCEEDINGS OF COURT

HAD UPON THE

DEATH OF JUDGE BALDWIN.

AT the opening of the Court this morning, Mr. Nelson, the Attorney General of the U. S., addressed the Court as follows:

"I have been requested, this morning, to present to your Honors, a series of resolutions, adopted yesterday, at a meeting of the members of the Bar, and other officers, connected with this tribunal, evincive of their admiration of the character, and respect for the memory of the Hon. HENRY BALDWIN, late an Associate Justice of this Court.

"In acquitting myself of this melancholy duty, I cannot forbear-the expression of my sincere concurrence in all that my brethern have testified of the distinguished merits of the deceased, with whose friendship, originating in an intimate association in the popular branch of the national Legislature, I have for years been honoured.

"I have known him-as we all knew and appreciated him-as frank, generous, and benevolent, as a man, and as pure, and profound, and independent, as a judge; and whilst the resolutions, which I hold in my hand, evidence the consideration,.in which his illustrious services, political and judicial, covering more than thirty years of the history of this confederacy, are held by those who have adopted them, I am sure that I shall not be regarded as presumptuous, in assuming, that they equally won for him the esteem, confidence, and affection of his brethren on the bench.

"In this assurance, I now present these resolutions to your Honors, which, after they shall have been read, I respectfully move may be entered on the minutes of your proceedings."

"At a meeting of the Members of the Bar of the Supreme Court of the United States, and of the Officers of the Court, at the Court room in the Capitol, on the 3d day of Dec'r. A. d. 1844.

"The Honourable James Buchanan was called to the chair, and the Honourable William L. Dayton, appointed Secretary.

The following resolutions were submitted by the Honourable Joseph R. Ingersoll, and unanimously adopted :

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