Commentaries on American Law, Volume 1O. Halsted, 1832 |
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Página 37
... legislature of New - York , of the 5th of April , 1822 , ch . 148. gave facility to the surren- der of fugitives , by authorizing the Governor , in his discre- tion , on requisition from a foreign government , to surrender up fugitives ...
... legislature of New - York , of the 5th of April , 1822 , ch . 148. gave facility to the surren- der of fugitives , by authorizing the Governor , in his discre- tion , on requisition from a foreign government , to surrender up fugitives ...
Página 52
... legislature of the Union , and the presumption is , that nothing short of a strong case deeply affecting our essential rights , and which cannot receive a pacific adjustment , after all reasonable efforts shall have been exhausted ...
... legislature of the Union , and the presumption is , that nothing short of a strong case deeply affecting our essential rights , and which cannot receive a pacific adjustment , after all reasonable efforts shall have been exhausted ...
Página 60
... legislature , and not to the courts of law . The strict right of confiscation of that species of property existed in Con- gress , and without a legislative act authorizing its confisca- tion , it could not be judicially condemned ; and ...
... legislature , and not to the courts of law . The strict right of confiscation of that species of property existed in Con- gress , and without a legislative act authorizing its confisca- tion , it could not be judicially condemned ; and ...
Página 65
... legislature of the Union , by a special law for that purpose , to confiscate debts contracted by our citizens , and due to the enemy ; but as it is asserted by the same authority , this right is contrary to universal practice , and it ...
... legislature of the Union , by a special law for that purpose , to confiscate debts contracted by our citizens , and due to the enemy ; but as it is asserted by the same authority , this right is contrary to universal practice , and it ...
Página 98
... legislature , soon after the breaking out of the war with Austria , in 1792 , passed a decree for the total suppression of privateering , but that was a transitory act , and it was soon swept away in the tempest of the revolution . The ...
... legislature , soon after the breaking out of the war with Austria , in 1792 , passed a decree for the total suppression of privateering , but that was a transitory act , and it was soon swept away in the tempest of the revolution . The ...
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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.