Commentaries on the Constitution of the United States: With a Preliminary Review of the Constitutional History of the Colonies and States, Before the Adoption of the Constitution, Volume 3Hilliard, Gray,, 1833 - 776 halaman |
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Halaman 55
... Admiralty in the technical sense of the common law . * Lord Coke long ago stated , that a pardon of felonies would not pardon piracy , for " piracy or robbery on the high seas was no felony , whereof the common law took any knowledge ...
... Admiralty in the technical sense of the common law . * Lord Coke long ago stated , that a pardon of felonies would not pardon piracy , for " piracy or robbery on the high seas was no felony , whereof the common law took any knowledge ...
Halaman 57
... admiralty have divisum imperium , an alternate jurisdiction , one upon the water , when it is full sea ; the other upon the land , when it is an ebb . ' He doubtless here refers to the waters of the ocean on the sea - coast , and not in ...
... admiralty have divisum imperium , an alternate jurisdiction , one upon the water , when it is full sea ; the other upon the land , when it is an ebb . ' He doubtless here refers to the waters of the ocean on the sea - coast , and not in ...
Halaman 454
... admiralty and prize jurisdiction ; whether they respect the doc- trines of mere municipal law , or constitutional law , or the law of nations . It is obvious , that , if there were in- dependent supreme courts of common law , of equity ...
... admiralty and prize jurisdiction ; whether they respect the doc- trines of mere municipal law , or constitutional law , or the law of nations . It is obvious , that , if there were in- dependent supreme courts of common law , of equity ...
Halaman 464
... admiralty , and others , down to the present day . In the time of Lord Coke , the Barons of the Exchequer held their offices during good behaviour , while the judges of the other courts of com- mon law held them only during pleasure ...
... admiralty , and others , down to the present day . In the time of Lord Coke , the Barons of the Exchequer held their offices during good behaviour , while the judges of the other courts of com- mon law held them only during pleasure ...
Halaman 500
... admiralty and maritime juris- diction ; because , as the seas are the joint property 1 1 2 Dall . R. 419 , 475 ; S. C. 2 Peters's Cond . R. 635,671 . of nations , whose right and privileges relative thereto , 500 CONSTITUTION OF THE U ...
... admiralty and maritime juris- diction ; because , as the seas are the joint property 1 1 2 Dall . R. 419 , 475 ; S. C. 2 Peters's Cond . R. 635,671 . of nations , whose right and privileges relative thereto , 500 CONSTITUTION OF THE U ...
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12 Wheat 9 Wheat admiralty admitted adopted amendment appellate jurisdiction appointment arising articles of confederation authority bank Bank of United bill of attainder bills of credit cessio bonorum citizens civil clause common law confederation constitution constitutionally construction contract controversies Cranch declare deemed duty Elliot's Debates ernment establish exclusive executive exercise exist extend favour Federalist foreign grant gress independent Journal of Convention judges judgment judicial power judiciary justice Kent's Comm latter legislative legislature liberty means ment militia mode national government nature necessary objects obligation opinion original jurisdiction party persons Peters's Cond Peters's Sup possess post-offices power of congress president principles prohibition propriety punish purpose question Rawle on Const reason regulate require senate sovereignty stitution suit supposed Supreme Court territory tion treaties trial by jury tribunals Tuck Tucker's Black tution Union United vested vote wholly
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Halaman 168 - Full faith and credit shall be given in each of these States to the records, acts, and judicial proceedings, of the courts and magistrates of every other State.
Halaman 722 - God, and for the support and maintenance of public protestant teachers of piety, religion and morality, in all cases where such provision shall not be made voluntarily.
Halaman 426 - Nor does this conclusion by any means suppose a superiority of the judicial to the legislative power. It only supposes that the power of the people is superior to both ; and that where the will of the legislature, declared in its statutes, stands in opposition to that of the people, declared in the Constitution, the judges ought to be governed by the latter rather than the former. They ought to regulate their decisions by the fundamental laws, rather than by those which are not fundamental.
Halaman 182 - And, in the just preservation of rights and property, it is understood and declared that no law ought ever to be made or have force in the said Territory that shall, in any manner whatever, interfere with or affect private contracts, or engagements, bona fide, and without fraud previously formed.
Halaman 454 - The judiciary, on the contrary, has no influence over either the sword or the purse; no direction either of the strength or of the wealth of the society, and can take no active resolution whatever. It may truly be said to have neither FORCE nor WILL but merely judgment; and must ultimately depend upon the aid of the executive arm even for the efficacy of its judgments.
Halaman 486 - Next to permanency in office, nothing can contribute more to the independence of the judges than a fixed provision for their support.
Halaman 430 - Thus, the particular phraseology of the Constitution of the United States confirms and strengthens the principle, supposed to be essential to all written constitutions, that a law repugnant to the Constitution is void; and that courts, as well as other departments, are bound by that instrument.
Halaman 669 - The better to secure and perpetuate mutual friendship and intercourse among the people of the different States in this Union, the free inhabitants of each of these States, paupers, vagabonds and fugitives from justice excepted, shall be entitled to all privileges and immunities of free citizens...
Halaman 428 - If the former part of the alternative be true, then a legislative act, contrary to the constitution, is not law: if the latter part be true, then written constitutions are absurd attempts, on the part of the people, to limit a power, in its own nature, illimitable.
Halaman 150 - 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.