Commentaries on American Law, Volume 1O. Halsted, 1832 |
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Página 1
... arising upon the law of nations , and they professed obedience to that law , " according to the general usages of Europe . " By this law we are to un- derstand that code of public instruction , which defines the rights and prescribes ...
... arising upon the law of nations , and they professed obedience to that law , " according to the general usages of Europe . " By this law we are to un- derstand that code of public instruction , which defines the rights and prescribes ...
Página 20
... arising upon the rights and duties of nations , in the several relations of peace , of war , and of neutrality . a November , 1824 . LECTURE II . OF THE RIGHTS AND DUTIES OF NATIONS 20 [ Part I. OF THE LAW OF NATIONS .
... arising upon the rights and duties of nations , in the several relations of peace , of war , and of neutrality . a November , 1824 . LECTURE II . OF THE RIGHTS AND DUTIES OF NATIONS 20 [ Part I. OF THE LAW OF NATIONS .
Página 27
... arising on this claim are not very clearly defined and settled , and extravagant pretensions are occasionally put forward . The subject abounds in curious and interest- ing discussions , and , fortunately for the peace of mankind , they ...
... arising on this claim are not very clearly defined and settled , and extravagant pretensions are occasionally put forward . The subject abounds in curious and interest- ing discussions , and , fortunately for the peace of mankind , they ...
Página 39
... arising either from the violence of his conduct , or the influence and danger of his machinations . This is all that can be done , for ambassadors cannot , in any case , be made amenable to the civil or criminal jurisdiction of the ...
... arising either from the violence of his conduct , or the influence and danger of his machinations . This is all that can be done , for ambassadors cannot , in any case , be made amenable to the civil or criminal jurisdiction of the ...
Página 49
... arising out of times , places , and circumstances , and it cannot be reduced to absolute simplicity and certainty . We must act accord- ing to the dictates of a well informed judgment , resting upon a diligent and careful examination of ...
... arising out of times , places , and circumstances , and it cannot be reduced to absolute simplicity and certainty . We must act accord- ing to the dictates of a well informed judgment , resting upon a diligent and careful examination of ...
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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.