Commentaries on American Law, Том 1W. Kent, 1851 |
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Страница 43
... give an asylum to fugitives loaded with such atrocity . If there be no authority in this country , state or national , to surrender such a fugitive , then it is idle to talk about the authority of the law of nations as part of the ...
... give an asylum to fugitives loaded with such atrocity . If there be no authority in this country , state or national , to surrender such a fugitive , then it is idle to talk about the authority of the law of nations as part of the ...
Страница 52
... give any protection to that of merchant , when these charac- ters are united in the same person.b Though the functions of commercial agents , should have the right , as such , to sit as judges and arbitrators in differences between the ...
... give any protection to that of merchant , when these charac- ters are united in the same person.b Though the functions of commercial agents , should have the right , as such , to sit as judges and arbitrators in differences between the ...
Страница 58
... give assistance in an unjust war on the ground of the treaty , would be contracting an obligation to do injustice , and no such contract is valid . But to set up a pretext of this kind to avoid a positive engagement , is extremely ...
... give assistance in an unjust war on the ground of the treaty , would be contracting an obligation to do injustice , and no such contract is valid . But to set up a pretext of this kind to avoid a positive engagement , is extremely ...
Страница 69
... give any satisfaction . The reprisals may be made in support of the rights of a subject , as well as those of the sovereign , and for the acts of the subject as well as for those of the sovereign . The commission is not to be issued ...
... give any satisfaction . The reprisals may be made in support of the rights of a subject , as well as those of the sovereign , and for the acts of the subject as well as for those of the sovereign . The commission is not to be issued ...
Страница 84
... give him a new and hostile one . But the circumstances requisite to establish the domicil are flexible , and easily accommodated to the real truth and equity of the case . Thus it requires fewer circum- stances to constitute domicil in ...
... give him a new and hostile one . But the circumstances requisite to establish the domicil are flexible , and easily accommodated to the real truth and equity of the case . Thus it requires fewer circum- stances to constitute domicil in ...
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act of congress admiralty admitted American appeal apply articles of confederation authority Bank belligerent blockade British Bynk capture character Circuit Court citizens civil claim cognizance colonies commerce committed common law confiscation considered constitution consuls contraband contract convention Cranch crime criminal debts decision declared District Court doctrine duties election enemy enemy's England English equity established Europe exclusive executive exercise extend federal courts foreign France grant Grotius held high seas hostile judges judgment jurisdiction jurisprudence justice land law of nations legislative legislature Lord Lord Coke maritime ment navigation neutral neutral country New-York offence opinion party person Peru-Bolivian Confederation port President principle privilege prize courts provision Prussia punishment question regulations respect right of search rule Senate ship sovereign statute suit Supreme Court territory tion treaty of peace U. S. Rep Union United usage Vattel vessel vested vote Wheaton
Популарни одломци
Страница 500 - 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 649 - States, which shall consist of a senate and house of representatives. Section 2. — 1. The house of representatives shall be composed of members chosen every second year, by the people of the several states ; and the electors in each state shall have the qualifications requisite for electors of the most numerous branch of the state legislature.
Страница 371 - 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.
Страница 328 - Poulson, the editor of a daily paper, to show cause why an attachment should not issue against him for...
Страница 499 - 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 652 - To exercise exclusive legislation in all cases whatsoever, over such district (not exceeding ten miles square) as may, by cession of particular States, and the acceptance of Congress, become the seat of government of the United States, and to exercise like authority over all places purchased, by the consent of the Legislature of the State in which the same shall be, for the erection of forts, magazines, arsenals, dockyards, and other needful buildings : and, 17.
Страница 651 - States; [2] To borrow money on the credit of the United States; [3] To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes; [4] To establish an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies...
Страница 333 - ... saving to suitors, in all cases, the right of a common law remedy, where the common law is competent to give it...
Страница 413 - Congress cannot vest any portion of the judicial power of the United States, except in courts ordained and established by itself...
Страница 270 - But it may, with great reason, be contended, that a government, intrusted with such ample powers, on the due execution of which the happiness and prosperity of the nation so vitally depends, must also be intrusted with ample means for their execution.