The Complete Works of Edward Livingston on Criminal Jurisprudence: Consisting of Systems of Penal Law for the State of Louisiana and for the United States of America : with the Introductory Reports to the Same : to which is Prefixed an Introduction, Volum 1

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National Prison Association of the United States of America, 1873
 

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Side 193 - God to man, and by the nature of man, to the social state in which he was formed to live; and the correspondent mutual duty of the individual and of the society is to defend this right; but when the right is given, the means to enforce it must, in natural as well as positive law, be admitted to be also given. If, then, both individuals and the society have the right to preserve their several existence, and are, moreover, under the reciprocal duty to defend it when attacked, it follows, that if one...
Side 112 - It is hereby ordained and declared, by the authority aforesaid, that the following articles shall be considered as articles of compact, between the original States and the people and States in the said territory, and forever remain unalterable, unless by common consent...
Side 414 - The powers of the government of the State of Mississippi shall be divided into three distinct departments, and each of them confided to a separate body of magistracy, to wit: those which are legislative to one. those which are judicial to another, and those which are executive to another.
Side 123 - The powers of the Government of the State of Kentucky shall be divided into three distinct departments, and each of them be confided to a separate body of magistracy, to wit : those which are Legislative to one ; those which are Executive to another, and those which are Judiciary to another. § 2. No person, or collection of persons, being of one of those departments, shall exercise any power properly belonging to either of the others, except in the instances hereinafter expressly directed or permitted.
Side 111 - The governor, by and with advice and consent of the said legislative council, or of a majority of them, shall have power to alter, modify, or repeal the laws which may be in force at the commencement of this act. Their legislative powers shall also extend to all the rightful subjects of legislation; but no law shall be valid which is inconsistent with the constitution and laws of the United States...
Side 121 - Unfortunately we have both. By the 33d section of the act so frequently referred to (4th May(a) 1805) it is enacted, " that all the crimes, offences and misdemeanors herein before named , shall be taken, intended and construed according to, and in conformity with, the common law of England ; and that the forms of indictment (divested, however, of unnecessary prolixity), the method of trial, the rules of evidence, and all other proceedings...
Side 152 - The infirmities of the best among us, the vices and ungovernable passions of others, the instability of all human affairs, and the numberless unforeseen events which the compass of a day may bring forth, will teach us (upon a moment's reflection), that to know with precision what the laws of our country have forbidden, and the deplorable consequences to which a wilful disobedience may expose us, is a matter of universal concern.
Side 264 - It cannot have escaped the attention of the reader, that this method of making the defendant answer upon oath to a criminal charge, is not agreeable to the genius of the common law in any other instance...
Side 126 - The Legislature shall never adopt any system or code of laws by general reference to such system or code of laws, but in all cases shall specify the several provisions of the laws it may enact.
Side 279 - All crimes, offences and misdemeanors shall be taken, intended and construed according to and in conformity with the common law of England; and the forms of indictment (divested, however, of unnecessary prolixity), the method of trial, the rules of evidence and all other proceedings whatsoever in the prosecution of...

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