Commentaries on American Law, Volume 1O. Halsted, 1832 |
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Página 10
... subdue Mahometan and Pagan countries , continued very long to sway the minds of men ; and it was not until after the age of Grotius and Bacon , that this error was entirely eradicated . Lord Coke " held 10 [ Part OF THE LAW OF NATIONS .
... subdue Mahometan and Pagan countries , continued very long to sway the minds of men ; and it was not until after the age of Grotius and Bacon , that this error was entirely eradicated . Lord Coke " held 10 [ Part OF THE LAW OF NATIONS .
Página 11
James Kent. this error was entirely eradicated . Lord Coke " held , that an alliance for mutual defence was unlawful between Chris- tians and Turks ; and Grotius was very cautious as to the admission of the lawfulness of alliances with ...
James Kent. this error was entirely eradicated . Lord Coke " held , that an alliance for mutual defence was unlawful between Chris- tians and Turks ; and Grotius was very cautious as to the admission of the lawfulness of alliances with ...
Página 17
... held the first rank . His work went more at large into the principles of natural law , and combined the science of ethics with what may be more strictly called the law of nations . It is copious in detail , but of very little practical ...
... held the first rank . His work went more at large into the principles of natural law , and combined the science of ethics with what may be more strictly called the law of nations . It is copious in detail , but of very little practical ...
Página 40
... held that a license granted by the British minister at New - York , after the commencement of the war of 1812 , to an American citizen to export provisions to a British island , was inconsistent with his di- plomatic character and duty ...
... held that a license granted by the British minister at New - York , after the commencement of the war of 1812 , to an American citizen to export provisions to a British island , was inconsistent with his di- plomatic character and duty ...
Página 42
... held , that a consul is not strictly a judicial officer , and they have there no judicial power . It has been urged by some writers , as a matter highly expe- dient , to establish rules requiring merchants abroad to sub- mit their ...
... held , that a consul is not strictly a judicial officer , and they have there no judicial power . It has been urged by some writers , as a matter highly expe- dient , to establish rules requiring merchants abroad to sub- mit their ...
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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.