Commentaries on American Law, Volume 1 |
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Page ii
... Law . By JAMES KENT . Vol . I. " In conformity to the Act of the Congress of the United States , entitled " An Act for the encouragement of learning , by securing the copies of Maps , Charts , and Books to the authors and proprietors of ...
... Law . By JAMES KENT . Vol . I. " In conformity to the Act of the Congress of the United States , entitled " An Act for the encouragement of learning , by securing the copies of Maps , Charts , and Books to the authors and proprietors of ...
Page 37
... act of the Congress of Vienna , have applied the principles adopted by the Congress , founded on the Memoir of Baron Von Humboldt , to regulate the navigation of the Rhine , the Scheldt , the Meuse , the Moselle , the Elbe , the Oder ...
... act of the Congress of Vienna , have applied the principles adopted by the Congress , founded on the Memoir of Baron Von Humboldt , to regulate the navigation of the Rhine , the Scheldt , the Meuse , the Moselle , the Elbe , the Oder ...
Page 42
... law of the foreign 1 It has been held that persons charged with piracy may be arrested here and sur- rendered , without any special act of Congress to carry the treaty into effect . They may be examined and ordered into custody by a ...
... law of the foreign 1 It has been held that persons charged with piracy may be arrested here and sur- rendered , without any special act of Congress to carry the treaty into effect . They may be examined and ordered into custody by a ...
Page 52
... act of Congress of February 28 , 1803 , American consuls resid- ing on the Barbary coast are forbidden also ; but British and American consuls are generally at liberty to be concerned in trade ; and in such cases the character of consul ...
... act of Congress of February 28 , 1803 , American consuls resid- ing on the Barbary coast are forbidden also ; but British and American consuls are generally at liberty to be concerned in trade ; and in such cases the character of consul ...
Page 67
... Congress , and with- out a legislative act authorizing its confiscation , it could not be judicially condemned ; and the act of Congress of 1812 , declaring war against Great Britain , was not such an act . Until some statute , directly ...
... Congress , and with- out a legislative act authorizing its confiscation , it could not be judicially condemned ; and the act of Congress of 1812 , declaring war against Great Britain , was not such an act . Until some statute , directly ...
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Common terms and phrases
act of Congress admiralty admitted appeal apply articles of confederation authority Bank belligerent bill blockade capture character Circuit Court citizens civil claim cognizance colonies commerce committed common law considered constitution contraband contract convention Cranch crime criminal debts decision declared District Court doctrine duties edition election enemy enemy's England English equity established exclusive executive exercise federal courts foreign grant Grotius habeas corpus held high seas hostile House judges judgment judicial power jurisprudence jury justice land law of nations legislative legislature libel Lord Lord Coke maritime Massachusetts ment neutral offence opinion Pandects party peace person Peters U. S. port President principles privileges prize court provision Prussia punishment question regulations Roman Roman law rule Senate ship slave-trade slaves sovereign statute suit Supreme Court territory tion trade treaty twelve tables Union United Vattel vessel vested vote Wheaton writ York
Popular passages
Page 314 - All claims founded upon the Constitution of the United States or any law of Congress, except for pensions, or upon any regulation of an Executive Department, or upon any contract, express or implied, with the Government of the United States...
Page 488 - 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.
Page 326 - Of all civil causes of admiralty and maritime jurisdiction, saving to suitors in all cases the right of a common-law remedy where the common law is competent to give it, and to claimants the rights and remedies under the workmen's compensation law of any State.60 Fourth.
Page 459 - The sovereignty of a State extends to everything which exists by its own authority or is introduced by its permission ; b*ut does it extend to those means which are employed by Congress to carry into execution powers conferred on that body by the people of the United States ? We think it demonstrable that it does not.
Page 320 - Poulson, the editor of a daily paper, to show cause why an attachment should not issue against him for...
Page 488 - To what purpose are powers limited, and to what purpose is that limitation committed to writing, if these limits may at any time be passed by those intended to be restrained ? The distinction between a government with limited and unlimited powers is abolished, if those limits do not confine the persons on whom they are imposed, and if acts prohibited and acts allowed, are of equal obligation.
Page 645 - ... 3. The trial of all crimes, except in cases of impeachment, shall be by jury; and such trial shall be held in the state where the said crimes shall have been committed; but when not committed within any state, the trial shall be at such place or places as the congress may by law have directed.
Page 42 - ... provided, that this shall only be done upon such evidence of criminality as, according to the laws of the place where the fugitive or person so charged shall be found, would justify his apprehension and commitment for trial, if the crime or offence had there been committed...
Page 318 - States authorizes the supreme court " to issue writs of mandamus, in cases warranted by the principles and usages of law, to any courts appointed, or persons holding office, under the authority of the United States.
Page 416 - State sovereignty would only exist in three cases; where the Constitution in express terms granted an exclusive authority to the Union; where it granted in one instance an authority to the Union and in another prohibited the States from exercising the like authority; and where it granted an authority to the Union, to which a similar authority in the States would be absolutely and totally contradictory and repugnant.