Commentaries on American Law, Volume 1W. Kent, 1851 |
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Page 2
... natural jurisprudence , and not to consider it as deriving much of its force and dignity from the same principles of right reason , the same views of the nature and constitution of man , and the same sanction of Divine revelation , as ...
... natural jurisprudence , and not to consider it as deriving much of its force and dignity from the same principles of right reason , the same views of the nature and constitution of man , and the same sanction of Divine revelation , as ...
Page 3
... natural equality , and to the relations and conduct of nations ; of a collection of usages , customs and opinions , the ... nature of moral obligation ; and we have the authority of the lawyers of antiquity , and of some of the first ...
... natural equality , and to the relations and conduct of nations ; of a collection of usages , customs and opinions , the ... nature of moral obligation ; and we have the authority of the lawyers of antiquity , and of some of the first ...
Page 4
... natural law , is equally binding in every age , and upon all mankind . But the Christian nations of Europe , and ... nature , by the obligations of which individuals and states are bound , is identical with the will of God , and that ...
... natural law , is equally binding in every age , and upon all mankind . But the Christian nations of Europe , and ... nature , by the obligations of which individuals and states are bound , is identical with the will of God , and that ...
Page 7
... nature , as rational and social beings , to live in eternal enmity with each other ; and he recommends , in one of the most beautiful and perfect ethical codes to be met with * among the re- * 7 mains of the ancients , the virtues of ...
... nature , as rational and social beings , to live in eternal enmity with each other ; and he recommends , in one of the most beautiful and perfect ethical codes to be met with * among the re- * 7 mains of the ancients , the virtues of ...
Page 18
James Kent. ples of natural law , and combined the science of ethics with what may be more strictly called the law of ... Nature and Nations , and to be enlightened and guided by his learning , with much improvement upon the doctrine and ...
James Kent. ples of natural law , and combined the science of ethics with what may be more strictly called the law of ... Nature and Nations , and to be enlightened and guided by his learning , with much improvement upon the doctrine and ...
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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.