Commentaries on American Law, المجلد 1O. Halsted, 1832 |
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الصفحة 8
... rule of national law more directly calculated to destroy all commercial intercourse , and to maintain eternal enmity between nations . The irruption of the northern tribes of Scythia and Ger- many , overturned all that was gained by the ...
... rule of national law more directly calculated to destroy all commercial intercourse , and to maintain eternal enmity between nations . The irruption of the northern tribes of Scythia and Ger- many , overturned all that was gained by the ...
الصفحة 23
... Rule of own safety , and to take due precaution against distant as well as impending danger . A rational fear is said to be a justifiable cause of war . Posse vicinum impediri , ne in suo solo , sine alia causa suaque evidenti utilitate ...
... Rule of own safety , and to take due precaution against distant as well as impending danger . A rational fear is said to be a justifiable cause of war . Posse vicinum impediri , ne in suo solo , sine alia causa suaque evidenti utilitate ...
الصفحة 39
... rule of public law ever since the attempt made in the reign of Elizabeth to subject the Scotch ambas- sador to criminal jurisdiction , and the learned discussions which that case excited . By fiction of law , an ambassa- dor is ...
... rule of public law ever since the attempt made in the reign of Elizabeth to subject the Scotch ambas- sador to criminal jurisdiction , and the learned discussions which that case excited . By fiction of law , an ambassa- dor is ...
الصفحة 56
... rules of war , with great harshness and severity , he mentions se- veral instances arising in the 17th , and one as ... rule laid down by some of the later publicists , is in conformity with that provision . The sove- reign who declares ...
... rules of war , with great harshness and severity , he mentions se- veral instances arising in the 17th , and one as ... rule laid down by some of the later publicists , is in conformity with that provision . The sove- reign who declares ...
الصفحة 59
... rule of national law on this subject , the point seems to be no longer open for discussion in this country ; and it has become definitely set- tled , in favour of the ancient and sterner rule , by the Su- preme Court of the United ...
... rule of national law on this subject , the point seems to be no longer open for discussion in this country ; and it has become definitely set- tled , in favour of the ancient and sterner rule , by the Su- preme Court of the United ...
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عبارات ومصطلحات مألوفة
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
مقاطع مشهورة
الصفحة 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.
الصفحة 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...
الصفحة 370 - ... saving to suitors, in all cases, the right of a common law remedy, where the common law is competent to give it...
الصفحة 358 - And shall have exclusive cognizance of all crimes and offences cognizable under the authority of the United States...
الصفحة 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.
الصفحة 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.
الصفحة 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...
الصفحة 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.
الصفحة 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.
الصفحة 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.