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Opinion of the Attorney General Concerning the Judicial Authority of the ...
Caleb Cushing,United States Attorney-General
Ingen forhåndsvisning tilgjengelig - 2016
Act of Parliament Ameri American appear applied appointed assessors Britain China and Turkey Chinese government Christendom Christian citizens in China civil cases arising civil jurisdiction civil rights commis commissioner and consuls COMMISSIONER OR MINISTER common law concur in opinion conferred conformably to justice consular authority consular court conviction damage demanded decision diction duties enacted Englishman exceed five hundred exercise exterritoriality federal five ports Gentoo government of China habeas corpus hear and decide inhabitants intestacy judicial authority judicial power justice and equity King of Spain law of nations laws and usages legislation Marcy minister or consul Mohammedan municipal Muscat necessary to execute organized Territories original jurisdiction parties Pennsylvania person in)vested provisions public functionary public law public officers Queen of Portugal question regard remedies reside respect Secretary Shanghai sioner statute subjects of China Sublime Porte suit things tion treaty stipulations ubi supra United versy vice consul viii Stat
Side 26 - The inhabitants of the ceded territory shall be incorporated in the Union of the United States, and admitted as soon as possible, according to the principles of the Federal constitution, to the enjoyment of all the rights, advantages, and immunities, of citizens of the United States ; and, in the mean time, they shall be maintained and protected in the free enjoyment of their liberty, property, and the religion which they profess.
Side 11 - States in their civil rights, and for their vindication, shall be exercised and enforced in conformity with the laws of the United States, so far as such laws are suitable to carry the same into effect; but in all cases where they are not adapted to the object, or are deficient in the provisions necessary to furnish suitable remedies...
Side 19 - ... shall entertain jurisdiction in matters of contract, at the port where, or nearest to which, the contract was made, or at the port at which, or nearest to which, it was to be executed, and in all other matters, at the port where, or nearest to which, the cause of controversy arose, or at the port where, or nearest to which, the damage complained of was sustained, provided such port be one of the ports at which the United States are represented by consuls.
Side 8 - And if controversies arise between citizens of the United States and subjects of China, •which cannot be amicably settled otherwise, the same shall be examined and decided, conformably to justice and equity, by the public officers of the two nations acting in conjunction.
Side 10 - Citizens of the United States of America, quietly pursuing their commerce, and not being charged or convicted of any crime or offence, shall not be molested ; and even when they may have committed some offence they shall not be arrested and put in prison, by the local authorities, but they shall be tried by their Minister or Consul, and punished according to their offence, following, in this respect, the usage observed towards other Franks.
Side 8 - China who may be guilty of any criminal act towards citizens of the United States, shall be arrested and punished by the Chinese authorities according to the laws of China: and citizens of the United States, who may commit any crime in China, shall be subject to be tried and punished only by the Consul, or other public functionary of the United States, thereto authorized according to the laws of the United States.
Side 18 - ... fit to decide the same without aid, his decision thereon shall be final ; but if in his judgment any case involves legal perplexities, and assistance will be useful, or if the damage demanded exceeds five hundred dollars...
Side 8 - All questions in regard to rights, whether of property or person, arising between British subjects, shall be subject to the jurisdiction of the British authorities.
Side 6 - By that treaty, thus construed, the laws of the Union follow its citizens, and its banner protects them, even within the domain of the Chinese empire.
Side 9 - Causes, in which the sum may exceed five hundred piastres, shall be submitted to the Sublime Porte, to be decided according to the laws of equity and justice. Citizens of the United States of America, quietly pursuing their commerce, and not being charged or convicted, of any crime or...