Commentaries on American Law, Volume 1O. Halsted, 1832 |
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Página xv
... 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 ...
... 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 ...
Página 65
... admiralty courts , to the French owners . No such property was ever attempt- ed to be confiscated ; for had it not been for the wrong done , the property would not have been within the king's domi- nions . And yet even such property is ...
... admiralty courts , to the French owners . No such property was ever attempt- ed to be confiscated ; for had it not been for the wrong done , the property would not have been within the king's domi- nions . And yet even such property is ...
Página 70
... Admiralty , especially since the year 1798 , have been consulted and uniformly respected by that court , as enlightened commentaries on the law of nations , and affording a vast variety of instructive prece- dents for the application of ...
... Admiralty , especially since the year 1798 , have been consulted and uniformly respected by that court , as enlightened commentaries on the law of nations , and affording a vast variety of instructive prece- dents for the application of ...
Página 78
... admiralty have displayed , in unravelling the intricate process , by which an enemy's trade was attempted to be protected from hostile seizure , and in the application of sound principles of national law to new and complex cases . On ...
... admiralty have displayed , in unravelling the intricate process , by which an enemy's trade was attempted to be protected from hostile seizure , and in the application of sound principles of national law to new and complex cases . On ...
Página 87
... admiralty have been explicitly recognised and acted upon by the prize courts in this country . The great principles of national law were held to require , that , in war , enemy's property should not change its hostile character in ...
... admiralty have been explicitly recognised and acted upon by the prize courts in this country . The great principles of national law were held to require , that , in war , enemy's property should not change its hostile character in ...
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Palavras e frases frequentes
act of Congress admiralty admiralty and maritime admiralty jurisdiction admitted ancient appeal articles of confederation authority belligerent blockade British Bynk capture character Circuit Court citizens civil claim cognizance colonies commerce common law concurrent condemned confiscation considered constitution consuls contraband contract convention Court of Admiralty Cranch crimes criminal decisions declared District Courts doctrine duties enemy England English exclusive execution exercise extend favour federal courts foreign France grant Grotius high seas hostile judges judicial power judiciary act jurisdic jurisprudence justice law of nations laws of war legislative legislature Lord Lord Coke Lord Mansfield maritime jurisdiction ment militia navigation neutral neutral country New-York offence opinion party peace person piracy port President principles prize court prohibited punishment question rule senate ship sovereign statute suit Supreme Court territory tion traband trade treaty Union United usage Vattel vessel vested violation Wheaton
Passagens conhecidas
Página 451 - So, if a law be in opposition to the Constitution, if both the law and the Constitution apply to a particular case, so that the court must either decide that case conformably to the law, disregarding the Constitution, or conformably to the Constitution, disregarding the law, the court must determine which of these conflicting rules governs the case. This is of the very essence of judicial duty.
Página 235 - Each House may determine the Rules of its Proceedings, punish its Members for disorderly Behaviour, and, with the Concurrence of two thirds, expel a Member. Each House shall keep a Journal of its Proceedings, and from time to time publish the same, excepting such Parts as may in their Judgment require...
Página 370 - ... saving to suitors, in all cases, the right of a common law remedy, where the common law is competent to give it...
Página 358 - And shall have exclusive cognizance of all crimes and offences cognizable under the authority of the United States...
Página 387 - Whenever the terms in which a power is granted to congress, or the nature of the power, require that it should be exercised exclusively by congress, the subject is as completely taken from the state legislatures as if they had been expressly forbidden to act on it.
Página 451 - Certainly all those who have framed written constitutions contemplate them as forming the fundamental and paramount law of the nation, and consequently the theory of every such government must be, that an act of the Legislature, repugnant to the Constitution, is void.
Página 299 - That a final judgment or decree in any suit, in the highest court of law or equity of a State in which a decision in the suit could be had, where is drawn in question the validity of a treaty or statute of or an authority exercised under the United States, and the decision is against their validity...
Página 139 - I take the modern established rule to be this, that generally they are not contraband, but may become so under circumstances arising out of the particular situation of the war, or the condition of the parties engaged in it.
Página 469 - The Common Law includes those principles, usages, and rules of action applicable to the government and security of person and property which do not rest for their authority upon any express and positive declaration of the will of the legislature.
Página 407 - An ex post facto law is one which renders an act punishable in a manner in which it was not punishable when it was committed.