Commentaries on American Law, Volume 1Little, Brown,, 1873 - Law |
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Page 15
... committed any crime which was not merely malum prohibitum , he lost his privilege and dignity as an ambassador , and might be punished as any other private alien , and that he was even bound to answer civilly for his contracts that were ...
... committed any crime which was not merely malum prohibitum , he lost his privilege and dignity as an ambassador , and might be punished as any other private alien , and that he was even bound to answer civilly for his contracts that were ...
Page 22
... committed in the course of it , they were guilty of the grossest injustice . No nation had a contention within itself , but the ancient Romans , with their usual insolence , immediately interfered , and with profound duplicity pretended ...
... committed in the course of it , they were guilty of the grossest injustice . No nation had a contention within itself , but the ancient Romans , with their usual insolence , immediately interfered , and with profound duplicity pretended ...
Page 29
... committed on board of its public and private vessels at sea , and on board of its public vessels in foreign ports . ( c ) This jurisdiction is confined to the ship ; and no one ship has a right to prohibit the approach of another at sea ...
... committed on board of its public and private vessels at sea , and on board of its public vessels in foreign ports . ( c ) This jurisdiction is confined to the ship ; and no one ship has a right to prohibit the approach of another at sea ...
Page 39
... committed crimes in one country , flee to another for shelter . It is de- clared by some of the most distinguished public jurists , ( d ) ( c ) Mr. Wheaton in his Elements of International Law , 3d ed . 248-257 , and in his History of ...
... committed crimes in one country , flee to another for shelter . It is de- clared by some of the most distinguished public jurists , ( d ) ( c ) Mr. Wheaton in his Elements of International Law , 3d ed . 248-257 , and in his History of ...
Page 40
... committed in Lower Canada , fled into the State of Vermont , and his surrender was demanded by the Governor - General of Canada . Application was made by authority , in Vermont , to the President of the United States , who declined to ...
... committed in Lower Canada , fled into the State of Vermont , and his surrender was demanded by the Governor - General of Canada . Application was made by authority , in Vermont , to the President of the United States , who declined to ...
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Common terms and phrases
act of Congress admiralty appeal articles of confederation authority Bank belligerent bill Blatchf blockade British capture character circuit court citizens civil claim cognizance colonies commerce committed common law Constitution contraband contract convention Cranch criminal d ii d iii debtor decision declared district courts doctrine duties election enemy enemy's England English exclusive executive exercise federal courts foreign grant Grotius habeas corpus held high seas hostile House judges judgment judicial power Judiciary jurisdiction justice land law of nations legislative legislature lien Lord maritime militia navigation neutral neutral country offence opinion party peace person Peters piracy port President principle prize court provision punishment question regulations right of search rule Senate ship slave-trade slaves Smith sovereign statute suit Supreme Court territory tion trade treaty U. S. St Union United Vattel vessel vested vote Wall Wheaton York
Popular passages
Page 306 - 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 117 - 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 467 - 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 509 - 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 499 - 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 479 - 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 322 - 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 367 - 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 499 - 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 364 - 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.