Commentaries on American Law, Volume 1Little, Brown, 1884 - Law |
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Page 43
... provision was requisite , for the judicial power can do no more than cause the fugitive to be arrested and detained , until sufficient means and opportunity have been afforded for the discharge of this duty to the proper organ of ...
... provision was requisite , for the judicial power can do no more than cause the fugitive to be arrested and detained , until sufficient means and opportunity have been afforded for the discharge of this duty to the proper organ of ...
Page 44
... provision by treaty for the mutual surrender of crimi- 1839 , the Governor of Virginia made application to the Governor of New York for the surrender of three men , charged by affidavit as being fugitives from justice , in felontously ...
... provision by treaty for the mutual surrender of crimi- 1839 , the Governor of Virginia made application to the Governor of New York for the surrender of three men , charged by affidavit as being fugitives from justice , in felontously ...
Page 45
... provision of the Constitution and the law , and that the refusal was a denial of right . It was contended , that the Constitution of the United States recognizes the lawful existence of slaves as property , for it apportions the ...
... provision of the Constitution and the law , and that the refusal was a denial of right . It was contended , that the Constitution of the United States recognizes the lawful existence of slaves as property , for it apportions the ...
Page 46
... provision for the surrender of criminals , though they should happen to be subjects of the state to which they had fled . Mr. Ward ( a ) considers these treaties as evidence of the advancement of society in regularity and order . ( b ) ...
... provision for the surrender of criminals , though they should happen to be subjects of the state to which they had fled . Mr. Ward ( a ) considers these treaties as evidence of the advancement of society in regularity and order . ( b ) ...
Page 51
... provisions to a British island , was inconsistent with his diplomatic character and duty , and void ; and the decision was declared to be correct and proper , by the Lords Commissioners on appeal . ( a ) Bynk . Q. Jur . Pub . lib . 2 ...
... provisions to a British island , was inconsistent with his diplomatic character and duty , and void ; and the decision was declared to be correct and proper , by the Lords Commissioners on appeal . ( a ) Bynk . Q. Jur . Pub . lib . 2 ...
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Common terms and phrases
act of Congress admiralty admitted American appeal apply authority Bank blockade British Brown carried cause character Circuit Court citizens City civil claim commerce committed common law considered Constitution contract d ii decided decision discussion district doctrine duties effect enemy England English equally established exclusive executive exercise existing extend federal force foreign give given grant held House interest judges judgment judicial jurisdiction justice land law of nations legislature limited Lord March maritime matter means nature neutral observed offence opinion original Page party passed peace persons port practice President principles prize protection provision punishment question reason regulations reports respect rule Senate ship Smith statute suit Supreme Court territory tion trade treaty Union United vessel Wall waters Wheaton y¹ ii York
Popular passages
Page 318 - 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 123 - A neutral Government is bound— " First. To use due diligence to prevent the fitting out, arming, or equipping, within its jurisdiction, of any vessel which it has reasonable ground to believe is intended to cruise or to carry on war against a Power with which it is at peace...
Page 522 - 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 532 - To avoid improper influences which may result from intermixing in one and the same act such things as have no proper relation to each other, every law shall embrace but one object, and that shall be expressed in the title.
Page 293 - 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 232 - ... no person shall be deemed to have gained or lost a residence, by reason of his presence or absence, while employed in the service of the United States ; nor while engaged in the navigation of the waters of this state, or of the United States, or of the high seas ; nor while a student of any seminary of learning ; nor while kept at any almshouse, or other asylum, at public expense ; nor while confined in any public prison.
Page 488 - 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 501 - It is not intended to say that these words comprehend that commerce which is completely internal, which is carried on between man and man in a state, or between different parts of the same state, and which does not extend to or affect other states. Such a power would be inconvenient, and is certainly unnecessary. Comprehensive as the word among is, it may very properly be restricted to that commerce which concerns more states than one.
Page 331 - ... of all suits of a civil nature, at common law, or in equity, where the matter in dispute exceeds...
Page 333 - And when in any suit mentioned in this section there shall be a controversy which is wholly between citizens of different states, and which can be fully determined as between them, then either one or more of the defendants actually interested in such controversy may remove said suit into the circuit court of the United States for the proper district.