A Dissertation on the Nature and Extent of the Jurisdiction of the Courts of the United States: Being a Valedictory Address Delivered to the Students of the Law Academy of Philadelphia ... on the 22d April, 1824Abraham Small, 1824 - 254페이지 |
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4 페이지
... proceedings until mankind shall return to the savage state . Judge Wil- son , therefore , in my opinion , rather weakened than strengthened the ground of the prosecution in placing the law of nations on the same footing with the ...
... proceedings until mankind shall return to the savage state . Judge Wil- son , therefore , in my opinion , rather weakened than strengthened the ground of the prosecution in placing the law of nations on the same footing with the ...
22 페이지
... . Thus , in respect to ships , we may say that the admiralty has jurisdiction over the subject matter , and , in general , exercises it by a proceeding in rem . where that does not fall within some one or other ( 22 )
... . Thus , in respect to ships , we may say that the admiralty has jurisdiction over the subject matter , and , in general , exercises it by a proceeding in rem . where that does not fall within some one or other ( 22 )
34 페이지
... Proceeding now to illustrate this doctrine by examples , I shall first consider its application to cases of jurisdiction in personam . The Consti- tution has given to the Supreme Court , but not exclusively , cognisance of all cases ...
... Proceeding now to illustrate this doctrine by examples , I shall first consider its application to cases of jurisdiction in personam . The Consti- tution has given to the Supreme Court , but not exclusively , cognisance of all cases ...
35 페이지
... proceedings , on the ground that they * I am well aware of an objection that may be made , and which is entirely technical in its nature . It will be asked , whether the Courts of the United States have jurisdiction of offences against ...
... proceedings , on the ground that they * I am well aware of an objection that may be made , and which is entirely technical in its nature . It will be asked , whether the Courts of the United States have jurisdiction of offences against ...
41 페이지
... proceedings . But the counsel thought proper to go into a wide field of argument , and to contend that the statute only intended to make the State laws the rule in civil cases , and that it could not be so in any case of a criminal ...
... proceedings . But the counsel thought proper to go into a wide field of argument , and to contend that the statute only intended to make the State laws the rule in civil cases , and that it could not be so in any case of a criminal ...
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Aaron Burr adopted aforesaid appears apply appointed arising ARTICLE articles of confederation authorised authority bail causes Circuit Court citizens civil law colonies committed common law jurisdiction Cong considered Constitution consuls Court of Admiralty Courts of Vice-admiralty crimes and offences criminal declared diction District doctrine doubt effect England English equity established exclusive execution exercise existing extent federal Courts given granted habeas corpus high seas Hudson and Goodwin indictment Journ Judges judicial power judiciary jurisprudence jurists jury Law Academy law merchant law of nations legislative Legislature limited Lord Mansfield manner maritime jurisdiction ment opinion party Pennsylvania person present president principles proceedings prosecutions province of F punishment question respect revolution risdiction rule of decision senate shew sovereign statutes Supreme Court system of jurisprudence take cognisance territories depending thereon thereof thing tion trial tribunals United vested Vice Admiralty vice admiralty Courts villenage whatsoever
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183 페이지 - Congress shall make. 3. The trial of all crimes, except in cases of impeachment, shall be by jury, and such trial shall be held in the State where the said crimes shall have been committed ; but when not committed within any State, the trial shall be at such place or places as the Congress may by law have directed.
178 페이지 - No state shall enter into any treaty, alliance, or confederation ; grant letters of marque and reprisal ; coin money; emit bills of credit ; make any thing but gold and silver coin a tender in payment of debts ; pass any bill of attainder, ex post facto law, or law impairing the obligation of contracts ; or grant any title of nobility. [2.] No state shall, without the consent of the Congress, lay any imposts or duties on imports or exports, except what may be absolutely necessary for executing its...
180 페이지 - Vice-President, declaring what officer shall then act as President, and such officer shall act accordingly until the disability be removed or a President shall be elected. 7. The President shall, at stated times, receive for his services a compensation which shall neither be increased nor...
176 페이지 - 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 throughout the United States; 5 To coin money, regulate the value thereof, and of foreign coin, and fix the standard of weights and measures; 6 To provide for the punishment of counterfeiting the securities and current coin of the United States...
128 페이지 - States, whose jurisdictions as they may respect such lands, and the States which passed such grants, are adjusted, the said grants or either of them being at the same time claimed to have originated antecedent to such settlement of jurisdiction, shall, on the petition of either party to the Congress of the United States...
174 페이지 - ... 2. Each house may determine the rules of its proceedings, punish its members for disorderly behavior, and with the concurrence of two thirds, expel a member.
174 페이지 - 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 secrecy ; and the yeas and nays of the members of either house on any question shall, at the desire of one fifth of those present, be entered on the journal.
183 페이지 - States shall consist only in levying war against them, or in adhering to their enemies, giving them aid and comfort. No person shall be convicted of treason unless on the testimony of two witnesses to the same overt act, or on confession in open court.
206 페이지 - That all the before-mentioned courts of the United States shall have power to issue writs of scire facias, habeas corpus, and all other writs, not specially provided for by statute, which may be necessary for the exercise of their respective jurisdictions, and agreeable to the principles and usages of law.
176 페이지 - Court: 10. To define and punish piracies and felonies committed on the high seas, and offences against the law of nations: . 11. To declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water: 12.