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action actual administration admitted allowed American appear apply authority bill bound Britain British BROWN capture cargo carry cause character Circuit Court circumstances citizen claim Claimants common condemnation confiscation congress consequence considered contended continued contract decided decree Defendant delivered direct district doctrine effect enemy England evidence execution executor exist express fact follows forfeiture FRANCES further give given grant ground hostile importance instructions intention interest issue judgment July land letter license limitations loss March MASTER means merchants nature necessary neutral never object opinion orders in council ordinary original owner parties person Plaintiff port possession present principle prize proof protection prove purchased question reason received remain residence respect rule sailed ship statute supposed taken thing tion trade United vessel vested voyage whole writ
Page 100 - That all that part of the said territory called Columbia, which lies within the limits of this State, shall be, and the same is hereby, acknowledged to be forever ceded and relinquished to the Congress and government of the United States in full and absolute right and exclusive jurisdiction, as well of soil as of persons residing or to reside thereon, pursuant to the tenor and effect of the eighth section of the first article of the Constitution of government of the United States...
Page 277 - England have decided, that a person who removes to a foreign country, settles himself there, and engages in the trade of the country, furnishes, by these acts, such evidence of an intention permanently to reside there, as to stamp him with the national character of the state where he resides.
Page 125 - President, is manifestly considered as one which he did not previously possess. The proposition that a declaration of war does not, in itself, enact a confiscation of the property of the enemy within the territory of the belligerent, is believed to be entirely free from doubt.
Page 69 - And the depositions so taken shall be retained by such magistrate, until he deliver the same with his own hand into the court for which they are taken, or shall, together with a certificate of the reasons as aforesaid, of their being taken, and of the notice, if any given, to the adverse party, be by him, the said magistrate, sealed up and directed to such court, and remain under his seal until opened in court.
Page 122 - It is true that this rule is, in terms, applied by Vattel to the property of those only who are personally within the territory at the commencement of hostilities; but it applies equally to things in action and to things in possession; and if war did, of itself, without any further exercise of the sovereign will, vest the property of the enemy in the sovereign, his presence could not exempt it from this operation of war.
Page 101 - That the jurisdiction of the laws of this state over the persons and property of individuals, residing within the limits of the cession aforesaid, shall not cease, or determine, until Congress shall by law provide for the government thereof, under their jurisdiction, in manner provided by the article of the constitution before recited.
Page 439 - States shall be first satisfied, and the priority hereby established shall extend as well to cases in which a debtor, not having sufficient property to pay all his debts, makes a voluntary assignment thereof, or in which the estate and effects of an absconding, concealed, or absent debtor are attached by process of law, as to cases in which an act of bankruptcy is committed.
Page 127 - ... rather of policy than of law. The rule which we apply to the property of our enemy, will be applied by him to the property of our citizens. Like all other questions of policy, it is proper for the consideration of a department which can modify it at will; not for the consideration of a department which can pursue only the law as it is written. It is proper for the consideration of the legislature, not of the [executive or judiciary.
Page 290 - ... his privilege by his absence ; he preserves his rights, and remains bound by the same obligations. Being received in a foreign country, in virtue of the natural society, the communication and commerce, which nations are obliged to cultivate with each other, he ought to be considered there as a member of his own nation, and treated as such.
Page 124 - War gives an equal right over persons and property : and if its declaration is not considered as prescribing a law respecting the person of an enemy found in our country, neither does it prescribe a law for his property. The act concerning alien enemies, which confers on the president very great discretionary powers respecting their persons, affords a strong implication that he did not possess those powers by virtue of the declaration of war. The ' act for the safe keeping and accommodation of prisoners...