Imagens das páginas
PDF
ePub

said States shall have sixty thousand free inhabitants therein, such State shall be admitted, by its delegates, into the Congress of the United States, on an equal footing with the original States, in all respects whatever ; and shall be at liberty to form a permanent Constitution and State government; provided the Constitution and government, so to be formed, shall be republican, and in conformity to the principles contained in these Articles; and, so far as it can be consistent with the general interest of the Confederacy, such admission shall be allowed at an earlier period, and when there may be a less number of free inhabitants in the State than sixty thousand.

Art. 6. There sha!! he neither slavery nor involuntary servitude in the said Territory, otherwise than in the punishment of crimes, whereof the party shall have been duly convicted : provided always, that any person escaping into the same, from whom labor or service is lawfully claimed in any one of the original States, such fugitive may be lawfully reclaimed, and conveyed to the persor. claiming his or her labor or service as aforesaid.

Be it ordained by the authority aforesaid, That the resolutions of the 23d of April, 1784, relative to thu subject of this Ordinance, be, and the same are hereby repealed and declared null and void. Done, &c.

XIII

A GLOSSARY

OF THE LEGAL AND OTHER NOT-EASILY-UNDERSTOOD WOHUS

AND PHRASES

Afortiori, literally, for the stronger ground, or reason.
Allegiance, the tie, or duty, which binds the subject or citizen of a

State to aid and assist the State, or Sovereignty, in return for the protection afforded by the latter. It imports, therefore, the obliga

tion of a subject, or citizen, to be faithful to the State. Ambassador, a public minister, of the highest grade, sent abroad by a

sovereign state, or prince, to transact public business with a foreign government, in behalf of his own. There are three grades of foreign ministers. (1.) Ambassadors, who have the highest rank and privileges, and who represent, personally, their sovereign. (2.) Ministers Plenipotentiary, who have full powers to act for their sovereign or country. (3.) Ministere Resident, who generally possess, or may possess, the same powers, but hold a subordinate rank to Ministers Plenipotentiary. The explanation of the peculiar rights and duties

of each class belongs, properly, to a treatise on the law of nations. Arrest, the seizure and detention of the person of a party, by a public

officer, under a writ or process from some court or magistrate. Thus, when a sheriff takes a man in custody, under a writ, we say,

the sheriff arrests him, or he is under arrest. Arrest of judgement, an order of a court, directing that no judgement

be rendered in a case, from an error of law in the proceedings. Articles of Confederation, the form of a general government, adopted

by the States, during the Revolution, for their union. It was framed by the Continental Congress, in 1778 ; and was finally adopted, by all the States, in 1781, and remained in force until the present Constitution of the United States was adopted, in 1788. The articles will be found, at large, in the Appendix to this Volume, pp. 279—

289. Autre Droit, in the right of another, and not in one's own personal

right. Thus, an administrator or executor, who collects a debt due to the estate of the deceased party, receives it not on his personal

account, but in the right, or as representative, of another. Bail, a person, who becomes surety for another's appearance in a

court of justice, to answer to some civil suit, or criminal accusa. tion; and usually, also, that he shall abide the judgement of the

court thereon. Bailable, literally, where bail may be taken. Thus, a suit or crimi.

nal accusation is said to be bailable, where the party is entitled, after arrest, to be discharged on giving bail

Bill. This word has various senses, according to che things, to which

it is applied It may be generally defined, to be a forma., written Instrument. When we speak of a Bill before a Legislature, we mean, a written Instrument, containing a proposed Law, drawn up in the proper form. When the Bill is said to be passed by the Legislature, we mean, that it has received the final assent of the Legislaiure. When the Bill is passed, and is approved by the Executive, or oth

wise becomes a Law, we call it an Act, or Statute. Bill of Credit, a written Instrument, which contains a promise of

agreement of the State to pay or allow a certain sum of money to the bearer or holder thereof. It is issued on the credit of the State,

and is designed to circulate as currency. Bill of Rights, a written Instrument, containing a public declaration

of certain general rights of the people, which are held fundamental

to their security and protection. Bills for raising Revenue. These are written Instruments, contain

ing laws proposed to be passed by the Legislature, to create a revenue, or income, to the Government ; such as a Bill to lay and collect

a tax, or duty, on houses, or lands, or goods. Bona fide, a phrase borrowed from the Latin language, and literally meaning, “ in good faith.” We commonly apply it to a person, whe acts honestly and conscientiously in doing any thing, without sus

pecting or knowing it to be wrong. Bottomry Bond, literally, a Bond given by a master or owner of a

ship, or other vessel, pledging the bottom of the vessel, that is, tho vessel itself, for the repayment of money borrowed upon the credit of the vessel, and payable upon the contingency, that the vessel per

forms the voyage specified in the bond. Cabinet, an abbreviated expression for Cabinet Council, meaning the

Ministers of the State, or Heads of the Departments of the Government, who are convened by the Executive Magistrate, to assist and advise him in the Government. Thus, in the United States, we say, the Heads of the Departments of State, of War, of the Treasury, of the Navy, of the Post Office, and of the Law, (the Attorney General,) constitute the Cabinet, that is, they are the private confi

dential advisers and council of the President. Cessio Bonorum, literally, a Cession or Transfer of the Goods or Prop

erty of a party. It is a phrase derived from the Roman or civil, law, and means, that a debtor has made a cession, or assignment, of

his property, for the benefit of his creditors. Charter. In a general sense, this word means any written Instrument

conferring rights or creating obligations, from the Latin word charta, paper or parchment, on which something is written. But, in legal langaage, a Charter usually means a written Instrument, or grant, under the public seal of the Government, conferring certain rights, privileges, and authorities, of a public nature, upon certain citizens or subjects. Such were the original Charters of Government, granted

by the Crown to the American Colonies. Commission, a written Document, signed by the Executive, or other

proper officer of the Government, conferring an authority, or appoint ment to office, on some person Commissions to public officers

appointed by the President of the United States, are signed by the President, and have the great seal of the United States annexed thereto. To commission, is to give or grant such commission to the

proper party. Confederation, Articles of, see Articles of Confederation Consul, a commercial Agent of the Government, appointed and resi

dent in a foreign country, to attend to the commercial rights and privileges of his own country, and its citizens, in such foreign

country, Continental Congress, the general appellation of the general Congress

or Legislature, in which all the States of the Union were represented, by their Delegates, during the American Revolution. It was called Continental,' as being for the whole of the Continent of America, embraced within the limits of the United States, in contradistinction to a Provincial Congress, which was the Legislative Body of a single State, Colony, or Province, of the Union. Conveyance, a transfer, in writing, by one person to another, of his

right and title to land or other property. It is usually by an Instrument under the seal of the person making the transfer. Copyright, the right of an Author to the exclusive publication and sale

of his works, for the period, which is prescribed by law for its con tinuance, upon his complying with the requisites of law, in order to

secure the same. ( 'rown. This word is used as equivalent to King, Sovereign, or reign

ing Monarch. Thus, we say, indifferently, such a grant was made by, or such a power exists in, the Crown, the King, or the Sov

ereign. Veclaration of Independence, the Act by which the United States

severed their connexion with the British Crown. It may be found,

at length, in the Appendix to this Volume, pp. 275—279. Declaration of Rights, of the Continental Congress, a declaration,

published October 14, 1774, and which may be found, at length, in

the Appendix to this Volume, pp. 271–274. Defendant, the person against whom any suit is brought ; but, in a

more limited sense, it means the person, against whom any suit is

brought, who appears in court to defend, or contest, the suit. Duty on Tonnage, a tax laid on ships and vessels, in proportion to

their tonnage ; as, for example, a tax of six cents a ton on the tonnage of every American ship, or a tax of fifty cents a ton on that of every foreign ship, arriving in the ports of the United States. Embargo, a restraint, or detainment, of ships and vessels, from sailing

out of port, imposed by the authority of the Government. It is usually imposed for temporary purposes, in contemplation of war, or on

account of some immediate and impending public danger. Equity. This word is commonly used as equivalent to natural jus

tice, in contradistinction to strict Law. In the Law, it is used, to express the jurisdiction, which belongs to Courts of Equity, to enforce rights and remedy wrongs, in favor of parties ; which righis and wrongs Courts of common Law have no authority to enforce or re

dress. Estate, the right and interest, which a man has in property. Rond

« AnteriorContinuar »