Commentaries on American Law, Volume 1

Front Cover
Little, Brown,, 1866 - Law

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Contents

Its powers in cases of mandamus
345
Its original jurisdiction where a state is a party 346 347
346
Its appellate jurisdiction regulated by Congress
348
Its appellate jurisdiction confined to cases under the constitution treaties and laws
349
Its appellate jurisdiction to matter appearing on record
350
Of the Jurisdiction of the Federal Courts in Respect to the Common Law and in Respect to Parties 35+ 1 Commonlaw jurisdiction in criminal cases
354
Commonlaw jurisdiction in civil cases
363
Of the Rights of Belligerents 95
364
Jurisdiction when an alien is a party
367
Jurisdiction between citizens of different states
371
Jurisdiction when a state is interested
374
Of the District and Territorial Courts of the United States
377
Of the District Court as a Prize Court
380
Its admiralty criminal jurisdiction
383
Limits of its admiralty jurisdiction
390
Jurisdiction as an Instance Court of Admiralty
403
Civil jurisdiction of the District Courts
404
Territorial Courts of the United States
414
Of the Concurrent Jurisdiction of the State Governments
418
Of concurrent judicial power
426
Of Constitutional Restrictions on the Powers of the States
438
Of bills of credit
439
Ex post facto laws
441
The states cannot control the exercise of federal power
442
Nor impair the obligation of contracts
457
Nor pass naturalization laws
458
Nor tax national banks or stocks
460
Nor exercise power over ceded places
464
Power to regulate commerce
467
Progress of the national jurisprudence
478
Moderation a duty
507
Law of retaliation 95
510
Source of the common law 2 Force of adjudged cases 3 Notice of the principal reports at law 4 Notice of the principal reports in equity 5 Interesting ...
514
Of the Principal Publications of the Common Law
541
Of the Civil
556
Early Roman law 2 The twelve tables 3 The Prętorian law 4 Responsa prudentum 5 Imperial rescripts 6 Justinians Code Institutes Pandects Novels 7 ...
557
100
559
577
577
2 homine replegiando
627
Of religious opinions and worship
637
Amendments to the Constitution
650

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Page 316 - 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 461 - 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 364 - that the laws of the several States, except where the Constitution, treaties, or statutes of the United States shall otherwise require or provide, shall be regarded as rules of decision in trials at common law in the courts of the United States, in cases where they apply.
Page 651 - The person having the greatest number of votes as Vice-President shall be the Vice-President. if such number be a majority of the whole number of electors appointed; and if no person have a majority, then from the two highest numbers on the list the Senate shall choose the Vice-President; a quorum for the purpose shall consist of two thirds of the whole number of Senators, and a majority of the whole number shall be necessary to a choice. But no person constitutionally ineligible to the office of...
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 401 - 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 648 - AMENDMENTS TO THE CONSTITUTION OF THE UNITED STATES. [The following amendments were proposed at the first session of the first congress of the United States, which was begun and held at the city of New York on the 4th of March, 1789, and were adopted by the requisite number of states.
Page 383 - And shall have exclusive cognizance of all crimes and offences cognizable under the authority of the United States...
Page 104 - Neutral goods, with the exception of contraband of war, are not liable to capture under enemy's flag; 4. Blockades, in order to be binding, must be effective ; that is to say, maintained by a force sufficient really to prevent access to the coast of the enemy.
Page 265 - Is that construction of the Constitution to be preferred which would render these operations difficult, hazardous, and expensive ? Can we adopt that construction (unless the words imperiously require it) which would impute to the framers of that instrument, when granting these powers for the public good, the intention of impeding their exercise by withholding a choice of means?

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