Commentaries on American Law, Volume 1W. Kent, 1851 - Law |
From inside the book
Results 6-10 of 99
Page 40
... authority and learn- ing as a lawyer were pre - eminent ) given to government in 1792. See Edin . Review , No. 83 , pp . 129. 139. 141. Lord Coke , however , held that the sovereign was not bound to surrender up fugitive criminals from ...
... authority and learn- ing as a lawyer were pre - eminent ) given to government in 1792. See Edin . Review , No. 83 , pp . 129. 139. 141. Lord Coke , however , held that the sovereign was not bound to surrender up fugitive criminals from ...
Page 41
... authority conferred by an act of congress , and which it would be expedient to grant , as the law is imperfect as it ... authorities to be a safe asylum for all sorts of criminals , from all governments and territories near or distant ...
... authority conferred by an act of congress , and which it would be expedient to grant , as the law is imperfect as it ... authorities to be a safe asylum for all sorts of criminals , from all governments and territories near or distant ...
Page 42
... authority , document and argument on the subject that were within my command , and in my humble view of the questions , I cannot but be of opinion that the claim of the Canadian authorities in the one case , and of the Governor of ...
... authority , document and argument on the subject that were within my command , and in my humble view of the questions , I cannot but be of opinion that the claim of the Canadian authorities in the one case , and of the Governor of ...
Page 43
... authorities , to 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 ...
... authorities , to 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 ...
Page 44
... authorities , to the courts and magistrates of federal jurisdiction . The legislature of the kingdom of Belgium , by ... authority , that the prosecution and punishment of crimes are left exclusively to the tribunals of the country where ...
... authorities , to the courts and magistrates of federal jurisdiction . The legislature of the kingdom of Belgium , by ... authority , that the prosecution and punishment of crimes are left exclusively to the tribunals of the country where ...
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Common terms and phrases
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
Popular passages
Page 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.
Page 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.
Page 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.
Page 328 - Poulson, the editor of a daily paper, to show cause why an attachment should not issue against him for...
Page 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.
Page 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.
Page 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...
Page 333 - ... saving to suitors, in all cases, the right of a common law remedy, where the common law is competent to give it...
Page 413 - Congress cannot vest any portion of the judicial power of the United States, except in courts ordained and established by itself...
Page 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.