Commentaries on American Law, Volume 1Little, Brown,, 1873 - Law |
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... United States of America , JAMES KENT , of the said dis- trict , has deposited in this office the title of a Book , the right whereof he claims as author , in the words following , to wit . [ L. S. ] " Commentaries on American Law . By ...
... United States of America , JAMES KENT , of the said dis- trict , has deposited in this office the title of a Book , the right whereof he claims as author , in the words following , to wit . [ L. S. ] " Commentaries on American Law . By ...
Page 27
... United States had a perfect right , in the year 1822 , to consider , as it then did , the Spanish Provinces in South America as legitimate powers , which had attained sufficient solidity and strength to be en- titled to the rights and ...
... United States had a perfect right , in the year 1822 , to consider , as it then did , the Spanish Provinces in South America as legitimate powers , which had attained sufficient solidity and strength to be en- titled to the rights and ...
Page 40
... United States v . Davis , 2 Sumner , 486 , Judge Story expressed great doubts whether , upon principles of inter- national law , and independent of statute or treaty , any court of justice is authorized to surrender a fugitive from ...
... United States v . Davis , 2 Sumner , 486 , Judge Story expressed great doubts whether , upon principles of inter- national law , and independent of statute or treaty , any court of justice is authorized to surrender a fugitive from ...
Page 51
... United States . It is likewise made their duty , where the laws of the country permit , to ad- minister on the personal estates of American citizens , dying within their consulates , and having no legal representative , and to take ...
... United States . It is likewise made their duty , where the laws of the country permit , to ad- minister on the personal estates of American citizens , dying within their consulates , and having no legal representative , and to take ...
Page 56
... United States which gave to the Supreme Court original jurisdiction in all cases affecting consuls , as well as ambassadors and other public ministers ; and the federal juris- diction is understood to be exclusive of the state courts ...
... United States which gave to the Supreme Court original jurisdiction in all cases affecting consuls , as well as ambassadors and other public ministers ; and the federal juris- diction is understood to be exclusive of the state courts ...
Contents
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Common terms and phrases
act of Congress admiralty Appeal authority Bank belligerent Blatchf blockade Brown Brown ii capture character circuit court citizens civil claim Clark cognizance Comm commerce common law Constitution consuls contraband contract Cranch criminal d ii d iii d iv Davis decision declared district courts doctrine duties enemy enemy's England English equity exclusive executive exercise federal courts foreign grant Grotius held high seas hostile Jackson Johnson Jones judges judgment Judiciary juris jurisprudence justice land law of nations legislative legislature Lord Lord Coke navigation neutral offence opinion Page ii party peace person Peters port President principles prize court provision punishment question regulations Roman Roman law rule Senate ship Smith statute suit Supreme Court Taylor territory Thompson tion trade treaty twelve tables U. S. St Union United Vattel vessel Wall Wheaton Williams Wilson York
Popular passages
Page 312 - 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 473 - 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 515 - 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 505 - 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 485 - 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 328 - 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.
Page 373 - Courts, shall conform, as near as may be, to the practice, pleadings, and forms and modes of proceeding, existing at the time in like causes in the courts of record of the State, within which such Circuit or District Courts are held, any rule of the court to the contrary notwithstanding.
Page 505 - Certainly all those who have framed written constitutions contemplate them as forming the fundamental and paramount law of the nation, and consequently the theory of every such government must be, that an act of the Legislature, repugnant to the Constitution, is void.
Page 370 - 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.