Commentaries on American Law, Volum 1O. Halsted, 1832 |
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Side 2
... exclusively true . The most useful and practical part of the law of nations is , no doubt , instituted or positive law , founded on usage , con- sent , and agreement . But it would be improper to sepa- rate this law entirely from ...
... exclusively true . The most useful and practical part of the law of nations is , no doubt , instituted or positive law , founded on usage , con- sent , and agreement . But it would be improper to sepa- rate this law entirely from ...
Side 18
... exclusive in its references to the ordinances of his own country , to render his authority very unquestion- able . The most popular , and the most elegant writer on the law of nations , is Vattel , whose method has been great- ly ...
... exclusive in its references to the ordinances of his own country , to render his authority very unquestion- able . The most popular , and the most elegant writer on the law of nations , is Vattel , whose method has been great- ly ...
Side 27
... exclusive dominion . The questions arising on this claim are not very clearly defined and settled , and extravagant pretensions are occasionally put forward . The subject abounds in curious and interest- ing discussions , and ...
... exclusive dominion . The questions arising on this claim are not very clearly defined and settled , and extravagant pretensions are occasionally put forward . The subject abounds in curious and interest- ing discussions , and ...
Side 28
... exclusive right of fishing , and of con- trolling the navigation of foreigners therein . On the other hand , Sir Wm . Scott , in the case of the Twee Gebroe- ders , did not treat the claim of territory to contiguous por- tions of the ...
... exclusive right of fishing , and of con- trolling the navigation of foreigners therein . On the other hand , Sir Wm . Scott , in the case of the Twee Gebroe- ders , did not treat the claim of territory to contiguous por- tions of the ...
Side 29
... exclusive dominion over the sea adjoining its territories , and beyond those por- tions of the sea which are embraced by harbours , gulfs , bays , and estuaries , and over which its jurisdiction unques- tionably extends . All that can ...
... exclusive dominion over the sea adjoining its territories , and beyond those por- tions of the sea which are embraced by harbours , gulfs , bays , and estuaries , and over which its jurisdiction unques- tionably extends . All that can ...
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act of Congress admiralty admiralty and maritime admiralty jurisdiction admitted ancient appeal articles of confederation authority belligerent blockade British Bynk capture character Circuit Court citizens civil claim cognizance colonies commerce common law concurrent condemned confiscation considered constitution consuls contraband contract convention Court of Admiralty Cranch crimes criminal decisions declared District Courts doctrine duties enemy England English exclusive execution exercise extend favour federal courts foreign France grant Grotius high seas hostile judges judicial power judiciary act jurisdic jurisprudence justice law of nations laws of war legislative legislature Lord Lord Coke Lord Mansfield maritime jurisdiction ment militia navigation neutral neutral country New-York offence opinion party peace person piracy port President principles prize court prohibited punishment question rule senate ship sovereign statute suit Supreme Court territory tion traband trade treaty Union United usage Vattel vessel vested violation Wheaton
Populære avsnitt
Side 451 - 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.
Side 235 - Each House may determine the Rules of its Proceedings, punish its Members for disorderly Behaviour, and, with the Concurrence of two thirds, expel a Member. Each House shall keep a Journal of its Proceedings, and from time to time publish the same, excepting such Parts as may in their Judgment require...
Side 370 - ... saving to suitors, in all cases, the right of a common law remedy, where the common law is competent to give it...
Side 358 - And shall have exclusive cognizance of all crimes and offences cognizable under the authority of the United States...
Side 387 - Whenever the terms in which a power is granted to congress, or the nature of the power, require that it should be exercised exclusively by congress, the subject is as completely taken from the state legislatures as if they had been expressly forbidden to act on it.
Side 451 - 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.
Side 299 - That a final judgment or decree in any suit, in the highest court of law or equity of a State in which a decision in the suit could be had, where is drawn in question the validity of a treaty or statute of or an authority exercised under the United States, and the decision is against their validity...
Side 139 - I take the modern established rule to be this, that generally they are not contraband, but may become so under circumstances arising out of the particular situation of the war, or the condition of the parties engaged in it.
Side 469 - The Common Law includes those principles, usages, and rules of action applicable to the government and security of person and property which do not rest for their authority upon any express and positive declaration of the will of the legislature.
Side 407 - An ex post facto law is one which renders an act punishable in a manner in which it was not punishable when it was committed.