Commentaries on American Law, Volume 1 |
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Page xvii
... Jurisdiction of the Supreme Court 317 4. Jurisdiction of the Circuit Courts • 323 5. Jurisdiction of the District Courts 6. Jurisdiction of the auxiliary State Courts b * 327 · 330 7. Of attorneys and counsel 8. Of clerks . 9. CONTENTS ...
... Jurisdiction of the Supreme Court 317 4. Jurisdiction of the Circuit Courts • 323 5. Jurisdiction of the District Courts 6. Jurisdiction of the auxiliary State Courts b * 327 · 330 7. Of attorneys and counsel 8. Of clerks . 9. CONTENTS ...
Page xviii
... Jurisdiction of the Supreme - Court 1. Its original jurisdiction . Page 330 332 333 337 338 2. Its appellate jurisdiction in cases pending in State Courts 340 3. Its powers in cases of mandamus 345 4. Its original jurisdiction where a ...
... Jurisdiction of the Supreme - Court 1. Its original jurisdiction . Page 330 332 333 337 338 2. Its appellate jurisdiction in cases pending in State Courts 340 3. Its powers in cases of mandamus 345 4. Its original jurisdiction where a ...
Page 27
... jurisdiction over the adjoining seas , is often a ques- tion of difficulty and of dubious right . As far as a nation Jurisdiction can conveniently occupy , and that occupancy is acquired over adjoining by prior possession or treaty ...
... jurisdiction over the adjoining seas , is often a ques- tion of difficulty and of dubious right . As far as a nation Jurisdiction can conveniently occupy , and that occupancy is acquired over adjoining by prior possession or treaty ...
Page 30
... jurisdiction unquestionably extends . ( b ) All that can reasonably be asserted is , that the dominion of the sovereign of the shore over the contiguous sea , extends as far as is requisite for his safety , and for some lawful end . A ...
... jurisdiction unquestionably extends . ( b ) All that can reasonably be asserted is , that the dominion of the sovereign of the shore over the contiguous sea , extends as far as is requisite for his safety , and for some lawful end . A ...
Page 126
... jurisdiction , no armed vessel , being within the same , and belong- ing to an adverse belligerent power , should depart until twenty- four hours after the former , without being deemed to have vio- lated the law of nations . ( d ) ...
... jurisdiction , no armed vessel , being within the same , and belong- ing to an adverse belligerent power , should depart until twenty- four hours after the former , without being deemed to have vio- lated the law of nations . ( d ) ...
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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.