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3. Mode of election....
LECTURE XIV.-of the Judiciary Department...
2. Its general powers..
respect to the Common Law, and in res-
pect to Parties.......
1. Common law jurisdiction in criminal cases. Id.
2. Common law in civil cases...
3. Jurisdiction when an alien is a party..... 343
between citizens of different
when a state is interested... 350
LECTURE XVII.-Of the District and Territorial Courts of the
United States ....
1. Of the District Courts as prize courts... 356
2. Admiralty criminal jurisdiction..... 360
3. Limits of admiralty jurisdiction.. 365
4. Jurisdiction of the Instance Courts...... 378
5. Civil jurisdiction of the District Courts.. 381
6. Territorial Courts of the United States. . 383
LECTURE XVIII. Of the Concurrent Jurisdiction of the State
1. Of concurrent powers of legislation.... Id.
2. Of concurrent judicial power.... 395
LECTURE XIX.-of Constitutional Restriclions on the Powers of
1. Of bills of credit.
OF THE LAW OF NATIONS,
OF THE FOUNDATION AND HISTORY OF THE LAW OF
WHEN the United States ceased to be a part of the Bri-
a Ordinance of the 4th December, 1781, relative to maritime cap-
little harm in war, as possible, without injury to their true interests. But, as the precepts of this code are not defined in every case with perfect precision, and as nations have no common civil tribunal to resort to for the interpretation and execution of this law, it is often very difficult to ascertain, to the satisfaction of the parties concerned, its precise injunctions and extent; and a still greater difficulty is the want of adequate pacific means to secure obedience to its dictates.
There has been a difference of opinion among writers,
concerning the foundation of the law of nations. It has Natural and been considered by some as a mere system of positive inof Nations. stitutions, founded upon consent and usage; while others
have insisted that it was essentially the same as the law of nature, applied to the conduct of nations, in the character of moral persons, susceptible of obligation and laws. We are not to adopt either of these theories as exclusively true. The most useful and practical part of the law of nations is, no doubt, instituted or positive law, founded on usage, consent, and agreement. But it would be improper to separate this law entirely from natural jurisprudence, and not to consider it as deriving much of its force, and dignity, and sanction, from the same principles of right reason, and the same view of the nature and constitution of man, from which the science of morality is deduced. There is a natural and a positive law of nations. By the former, every state, in its relations with other states, is bound to conduct itself with justice, good faith, and benevolence; and this application of the law of nature has been called by Vattel, the necessary law of nations, because nations are bound by the law of nature to observe it; and it is termed by others, the internal law of nations, because it is obligatory upon them in point of conscience.a
We ought not, therefore, to separate the science of public law from that of ethics, nor encourage the dangerous
a Valtel, Prelim. sec. 7.