Commentaries on American Law, Том 1Little, Brown, 1866 - 668 страница |
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Страница xiii
... object has been to present the law as it now exists . Accordingly , all accessible statutes and reports , both English and American , have been examined , and care has been taken not to overlook any stat- ute or decision which has ...
... object has been to present the law as it now exists . Accordingly , all accessible statutes and reports , both English and American , have been examined , and care has been taken not to overlook any stat- ute or decision which has ...
Страница xxxvii
... object of the Amphictyonic council was to institute a law of nations among the Greeks , and settle contests between Grecian states by a pacific adjustment . It was also a law of nations among them , and one which was very religiously ob ...
... object of the Amphictyonic council was to institute a law of nations among the Greeks , and settle contests between Grecian states by a pacific adjustment . It was also a law of nations among them , and one which was very religiously ob ...
Страница 12
... objects of punishment . The practice of plundering shipwrecks has been traced to the Rho- dians , and from them it passed to the Romans ; and the efforts to restrain it were very feeble and gradual , and mixed with much positive ...
... objects of punishment . The practice of plundering shipwrecks has been traced to the Rho- dians , and from them it passed to the Romans ; and the efforts to restrain it were very feeble and gradual , and mixed with much positive ...
Страница 15
... object of Grotius was to correct these false theories and ( a ) 4 Inst . 153 . ( c ) Proleg . De Jur . Bel . ( b ) Puff . sec . 29 . ( a ) Proleg . sec . 3 and 28 . pernicious maxims , by showing a community of sentiment among LECT . I ...
... object of Grotius was to correct these false theories and ( a ) 4 Inst . 153 . ( c ) Proleg . De Jur . Bel . ( b ) Puff . sec . 29 . ( a ) Proleg . sec . 3 and 28 . pernicious maxims , by showing a community of sentiment among LECT . I ...
Страница 16
... object was , to digest , in one systematic code , the principles of public right , and to supply authorities for almost every case in the conduct of nations ; and he had the honor of reducing the law of nations to a system , and of ...
... object was , to digest , in one systematic code , the principles of public right , and to supply authorities for almost every case in the conduct of nations ; and he had the honor of reducing the law of nations to a system , and of ...
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Страница 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...
Страница 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.
Страница 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.
Страница 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.
Страница 320 - Poulson, the editor of a daily paper, to show cause why an attachment should not issue against him for...
Страница 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.
Страница 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.
Страница 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...
Страница 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.
Страница 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.