Cases and Opinions on Constitutional Law: And Various Points of English Jurisprudence, Collected and Digested from Official Documents and Other Sources; with Notes

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Stevens & Haynes, 1869 - Constitutional law - 572 pages

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Contents

24 Of the Law Officers Sir James Scarlett and Sir N C Tindal on
24
FamaThe
26
RollaRe 82
29
Fyffe 239
34
1 Of the Attorney General Sir Edward Northey as to Roman Catholic
35
3 Of the Attorney General Sir Edward Northey on the right of presen
42
7 Of the Law Officers Sir Christopher Robinson Sir J S Copley
48
13 Of the Law Officers Sir J D Harding Sir Frederick Thesiger
54
Fernandez Ex parte 442
58
how a LieutenantGovernor could be tried for Misdemeanor
64
8 Of the Law Officers Sir John Campbell and Sir R M Rolfe as
70
15 Of the Law Officers Sir A E Cockburn and Sir R Bethell on
76
Bligh
82
Weber 339
85
Bedreechund
86
origin of the Court of Admiralty
90
7 Of the Law Officers Sir J Dodson Sir F Pollock and Sir W Follett
96
10 Of the Kings Advocate Sir C Robinson and the Admiralty Advo
108
14 Of the Law Officeis Dr Hay lion C Yorke and Sir F Norton
114
The Queen
116
10 Of the Law Officers Sir J Campbell and Sir R M Rolfe as to
156
17 Of the Law Officers Sir Philip Yorke and Sir Charles Talbot on
162
21 Of the Law Officers Sir Dudley Ryder and Sir John Strange
169
Roberts 242
177
Haffcy
181
1 Of the Law Officers Sir Bobert Henley and Hon Charles Yorke as
188
4 Of the Attorney General Sir John S Copley on the authority of
194
Bell 21
203
8 Of the Law Officers Sir John Campbell and Sir R M Rolfe on
204
MCardle In the matter of
213
Hammonds Case 450
214
CHAPTER VII
217
4 Of the Law Officers Sir J S Copley and Sir C Wetherell on
221
8 Of the Law Officers Sir J Dodson Sir John Romilly and Sir A
227
CHAPTER VIII
239
Imrie
242
Nasmyth 63
245
Wright 63
248
CHAPTER IX
252
Corsica The Case of the 415
255
6 Of the same Attorney General on the same subject
353
7 Of the same Attorney General on the same subject
356
8 Of the same Attorney General on the same subject 9 Of the same Attorney General on the same subject 10 Of the same Attorney General on the s...
357
13 Of the same Attorney General on the same subject 14 Of the same Attorney General on the same subject
365
15 Of the Law Officers Sir F Thesigcr and Sir FitzRoy Kelly on the construction of the Treaty of Washington and the Statute 6 7
366
16 Of the Law Officers Sir A E Cockburn and Sir R Bethell on the question of surrendering to the American Consul a person charged with Manslaug...
367
17 Of the Law Officers Sir J D Harding Sir FitzRoy Kelly and Sir Hugh Cairns on the surrender by the United States Government of a person charge...
368
NOTES 369374
369
On Appeals from the Colonies OPINIONS 1 Of the Attorney General Sir Edward Northey on the Right of Appeal from the Colonial Courts
375
3 Of the same on Appeals from the Admiralty Courts in the Colonies
377
NOTES 378379
378
Keefe
379
1 Of Lord Chief Justice Holt that the King might appoint a Governor
380
7 Of the Law Officers Sir A E Cockhurn and Sir R Bethell as
386
Amery
387
CHAPTER XIV
394
Henry The
395
5 Of the Law Officers Sir J D Harding Sir F Thesiger and
402
NOTES 419420
419
East India Company
422
4 Of the Attorney General Sir P Yorke relating to English subjects
427
NOTES 433435
433
Of the Law Officers Sir J Campbell and Sir R M Rolfe on certain proceed
436
Bannerman
438
Kaines Case
450
Anderson
452
CHAPTER XVII
453
5 Of the Law Officers Sir William Horne and Sir John Campbell
459
Azzopardi
461
10 Of the same Law Officers on the illegality of an ordinance passed
465
Of the Law Officers Sir A E Cockburn and Sir R Bethell as to
468
3 Of the same Law Officers that the Queen can by her Declaration
477
Geoffreys Case in France 1832
483
Mr Dudley Fields Argument in McCardles Case
491
Case and Joint Opinion of Mr Edward James Q C and Mr Fitz
551
Bembridge
552
Gould
553
INDEX 565572
565
85
571

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Page 493 - The fourth section of the fourth article of the constitution of the United States provides that the United States shall guarantee to every State in the Union a republican form of government, and shall protect each of them against invasion ; and on the application of the legislature or of the executive (when the legislature cannot be convened) against domestic violence.
Page 347 - Magistrates, respectively, to the end that the evidence of criminality may be heard and considered ; and if, on such hearing, the evidence be deemed sufficient to sustain the charge, it shall be the duty of the examining Judge or Magistrate to certify the same to the proper executive authority, that a warrant may issue for the surrender of such fugitive.
Page 288 - That there shall be no future confiscations made, nor any prosecutions commenced against any person or persons, for or by reason of the part which he or they may have taken in the present war; and that no person shall on that account suffer any future loss or damage, either in his person, liberty, or property...
Page 489 - It was shown in the last paper that the political apothegm there examined does not require that the legislative, executive, and judiciary departments should be wholly unconnected with each other. I shall undertake, in the next place, to show that unless these departments be so far connected and blended as to give to each a constitutional control over the others, the degree of separation which the maxim requires, as essential to a free government, can never in practice be duly maintained.
Page 491 - That said rebel States shall be divided into military districts, and made subject to the military authority of the United States, as hereinafter prescribed, and for that purpose Virginia shall constitute the first district; North Carolina and South Carolina the second district; Georgia, Alabama, and Florida the third district; Mississippi and Arkansas the fourth district; and Louisiana and Texas the fifth district.
Page 522 - The parties belligerent in a public war are independent nations. But it is not necessary to, constitute war, that both parties should be acknowledged as independent nations or sovereign States. A war may exist where one of the belligerents claims sovereign rights as against the other.
Page 489 - The legislative department is everywhere extending the sphere of its activity, and drawing all power into its impetuous vortex.
Page 489 - Committee, that a national Government ought to be established, consisting of a supreme Legislative, Executive and Judiciary.
Page 292 - American citizens who now hold lands in the dominions of His Majesty, shall continue to hold them according to the nature and tenure of their respective estates and titles therein; and may grant, sell, or devise the same to whom they please, in like manner as if they were natives; and that neither they nor their heirs or assigns shall, so far as may respect the said lands and the legal remedies incident thereto, be regarded as aliens.
Page 291 - Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina, and Georgia, to be free, sovereign and independent States; that he treats with them as such, and for himself, his heirs and successors, relinquishes all claims to the Government, propriety and territorial rights of the same, and every part thereof.

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