The International Law of John MarshallThe Lawbook Exchange, Ltd., 2006 - 386 страница |
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6th Congress 9 Cranch acknowledged admitted adopted American armed asserted authority belligerent right Beveridge blockaded port Britain British Bynkershoek capture cargo Chap character Chief Justice citizen commerce confiscation Congress considered Constitution consul contraband declared deemed definite doctrine effect enemy property entire exercise exist expressed extradition fact foreign France Grotius hence high seas hostile Ibid important international law involved John Marshall Josefa Segunda Joseph Story judicial jurisdiction Justice Story Kent law of nations laws of war M'Intosh maintained Marshall's day ment Moore's Digest municipal law Nereide neutral nation opinion Papers and Publick parties peace Peters piracy pirates political practice principle prize prize of war problem protection publicists Publick Documents question reason recognized rule of law sailing Santissima Trinidad Schooner Schooner Exchange ship Sir William Scott slave trade sovereign stipulation Supreme Court territory tion treaty United Vattel violation Wheaton
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Страница 65 - The jurisdiction of the nation within its own territory is necessarily exclusive and absolute. It is susceptible of no limitation not imposed by itself. Any restriction upon it, deriving validity from an external source, would imply a diminution of its sovereignty to the extent of the restriction, and an investment of that sovereignty to the same extent in that power which could impose such restrictions.
Страница 31 - No principle of general law is more universally acknowledged, than the perfect equality of nations. Russia and Geneva have equal rights. It results from this equality, that no one can rightfully impose a rule on another. Each legislates for itself, but its legislation ean operate on itself alone.
Страница 161 - That war gives to the sovereign full right to take the persons and confiscate the property of the enemy, wherever found, is conceded. The mitigations of this rigid rule, which the humane and wise policy of modern times has introduced into practice, will more or less affect the exercise of this right, but cannot impair the right itself.
Страница 80 - ... nation would be diverted from those national objects and duties to which it was applicable, and would be withdrawn from the control of the sovereign whose power and whose safety might greatly depend on retaining the exclusive command and disposition of this force. The grant of a free passage, therefore, implies a waiver of all jurisdiction over the troops during their passage, and permits the foreign general to use that discipline, and to inflict those punishments which the government of his...
Страница 32 - Though the Indians are acknowledged to have an unquestionable, and heretofore unquestioned, right to the lands they occupy, until that right shall be extinguished by a voluntary cession to our Government, yet it may well be doubted whether those tribes which reside within the acknowledged boundaries of the United States can with strict accuracy be denominated foreign nations. They may more correctly, perhaps, be denominated domestic dependent nations. They occupy a territory to which we assert...
Страница 184 - I have therefore thought fit by these presents to declare the disposition of the United States to observe the conduct aforesaid towards those Powers respectively; and to exhort and warn the citizens of the United States carefully to avoid all acts and proceedings whatsoever, which may in any manner tend to contravene such disposition.
Страница 52 - It may not be unworthy of remark that it is very unusual, even in cases of conquest, for the conqueror to do more than to displace the sovereign and assume dominion over the country. The modern usage of nations, which has become law, would be violated ; that sense of justice and of right which is acknowledged and felt by the whole civilized world would be outraged, if private property should be generally confiscated and private rights annulled.
Страница 48 - They were admitted to be the rightful occupants of the soil, with a legal as well as just claim to retain possession of it, and to use it according to their own discretion...
Страница 184 - ... by committing, aiding, or abetting hostilities against any of the said powers, or by carrying to any of them those articles which are deemed contraband by the modern usage of nations, will not receive the protection of the United States against such punishment or forfeiture : and further, that I have given instructions to those officers, to whom it belongs, to cause prosecutions to be instituted against all persons who shall, within the cognizance of the courts of the United States, violate the...
Страница 51 - On such transfer of territory, it has never been held that the relations of the inhabitants with each other undergo any change. Their relations with their former sovereign are dissolved, and new relations are created between them and the government which has acquired their terri tory. The same act which transfers their country transfers the allegiance of those who remain in it...