Commentaries on American Law, 1. köideW. Kent, 1851 |
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Page viii
... reason to apprehend that another volume would be trespassing too far upon the patience and indulgence of the public . Nrw - YORK , NOVEMBER 23 , 1826 . PREFACE TO THE SECOND VOLUME . WHEN the first volume viii PREFACE .
... reason to apprehend that another volume would be trespassing too far upon the patience and indulgence of the public . Nrw - YORK , NOVEMBER 23 , 1826 . PREFACE TO THE SECOND VOLUME . WHEN the first volume viii PREFACE .
Page 1
... reason , morality and custom had established among the civilized na- tions of Europe , as their public law . During the war of the American revolution , congress claimed cognizance of all mat- ters arising upon the law of nations , and ...
... reason , morality and custom had established among the civilized na- tions of Europe , as their public law . During the war of the American revolution , congress claimed cognizance of all mat- ters arising upon the law of nations , and ...
Page 2
... reason , the same views of the nature and constitution of man , and the same sanction of Divine revelation , as those from which the science of morality is deduced . There is a natural and a positive law of nations . By the former ...
... reason , the same views of the nature and constitution of man , and the same sanction of Divine revelation , as those from which the science of morality is deduced . There is a natural and a positive law of nations . By the former ...
Page 3
... reason and necessity of the application of the principles of ethics to the science of politics and the administra- tion of government . The work is excellent in its doctrines , and it is enriched with various and profound erudition . b ...
... reason and necessity of the application of the principles of ethics to the science of politics and the administra- tion of government . The work is excellent in its doctrines , and it is enriched with various and profound erudition . b ...
Page 4
... reason where revelation is silent . Christianity , in the words of Butler , “ is an authoritative publication of natural religion , " and it is from the sanc tion which revelation gives to natural law , that we must expect the gradual ...
... reason where revelation is silent . Christianity , in the words of Butler , “ is an authoritative publication of natural religion , " and it is from the sanc tion which revelation gives to natural law , that we must expect the gradual ...
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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.