Reports of Cases Argued and Adjudged in the Supreme Court of the United States, 6권;19권Published for John Conrad and Company, 1821 |
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14 페이지
... character , and with certificates to show , that the cargo is not contraband . To this passport a conclusive effect is attributed . It establishes the national character of the ship ; and that being pro- a The Thomas Gibbons , 8 Cranch ...
... character , and with certificates to show , that the cargo is not contraband . To this passport a conclusive effect is attributed . It establishes the national character of the ship ; and that being pro- a The Thomas Gibbons , 8 Cranch ...
19 페이지
... character . The treaty under which a The Julia , 8 Cranch , 181. The Aurora , 8 Cranch , 203 . The Hiram , 8 Cranch , 444. The Ariadne , 2 Wheat . Rep . 143 . b Reeves ' Law of Ship . Appx . No. 9 , in fin . c Raynal Hist . tom . 7. p ...
... character . The treaty under which a The Julia , 8 Cranch , 181. The Aurora , 8 Cranch , 203 . The Hiram , 8 Cranch , 444. The Ariadne , 2 Wheat . Rep . 143 . b Reeves ' Law of Ship . Appx . No. 9 , in fin . c Raynal Hist . tom . 7. p ...
25 페이지
... character conforms to this requisition . 4. Again . If there be no passport such as is re- quired by the treaty , and no such equivalent testi- mony as the treaty provides , still the claim to the ship is established by evidence such as ...
... character conforms to this requisition . 4. Again . If there be no passport such as is re- quired by the treaty , and no such equivalent testi- mony as the treaty provides , still the claim to the ship is established by evidence such as ...
26 페이지
... character of the ship be established by the ori- ginal evidence , the conventional law entitles us to restitution of the cargo , as a matter of course . " 5. Lastly . Supposing the original evidence in the cause insufficient to entitle ...
... character of the ship be established by the ori- ginal evidence , the conventional law entitles us to restitution of the cargo , as a matter of course . " 5. Lastly . Supposing the original evidence in the cause insufficient to entitle ...
34 페이지
... character for the purpose of resist- ing the right of search , they were equally held lia- ble to confiscation . " Such , also , is the law of Den- mark , a state that has always professed to maintain the mildest principles of prize law ...
... character for the purpose of resist- ing the right of search , they were equally held lia- ble to confiscation . " Such , also , is the law of Den- mark , a state that has always professed to maintain the mildest principles of prize law ...
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act of Congress action aforesaid Amiable Isabella appear appellate jurisdiction arising authority bill Brashier capture cargo cause Chancery Circuit Court citizens City of Washington claim claimant Cohens common law constitution Consul contended contraband contract Corporation Corrunes Court of equity Cranch Croghan declaration decree defendant District District of Columbia enemy entitled equity été être evidence execution exercise favour federal Courts fraud give granted Henry Clay issued judges judgment judicial power jury justice land legislative legislature lottery marchandises ment Michael Gratz navire neutral object officers opinion original owners parties passe-port passed passport persons plaintiff in error plea port present prises prize Prize Court proceedings proceeds prohibited prosecuted purchase qu'il question rule ship Spain Spanish stipulation suit supposed Supreme Court tion treaty tribunal trust Union United vaisseaux vessel Virginia voyage Wheat Willinks writ of error
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27 페이지 - Contracting parties, although the whole lading or any part thereof should appertain to the enemies of either, Contraband goods being always excepted. It is also agreed in like manner that the same liberty be extended to persons who are on board a free ship, with this effect that although they be enemies to both or either party, they are not to be taken out of that free Ship, unless they are officers or soldiers and in the actual service of the enemies...
78 페이지 - States, and the decision is in favor of such their validity, or where is drawn in question the construction of any clause of the constitution, or of a treaty, or statute of, or commission held under the United States, and the decision is against the title, right, privilege or exemption specially set up or claimed by either party, under such clause of the said Constitution, treaty, statute or commission...
412 페이지 - In war we are one people. In making peace we are one people. In all commercial regulations we are one and the same people. In many other respects the American people are one, and the government which is alone capable of controlling and managing their interests in all these respects, is the government of the Union. It is their government, and in that character they have no other. America has chosen to be, in many respects, and to many purposes, a nation; and for all these purposes her government is...
402 페이지 - It is most true that this Court will not take jurisdiction if it should not ; but it is equally true that it must take jurisdiction if it should.
415 페이지 - States shall be divided or appropriated.. ..of granting letters of marque and reprisal in times of peace... .appointing courts for the trial of piracies and felonies committed on the high seas and establishing courts for receiving and determining finally appeals in all cases of captures, provided that no member of congress shall be appointed a judge of any of the said courts.
46 페이지 - ... no such articles carried in the vessels, or by the subjects or citizens of either party, to the enemies of the other, shall be deemed contraband, so as to induce confiscation or condemnation and a loss of property to individuals.
26 페이지 - It shall likewise be lawful for the citizens aforesaid to sail with the ships and merchandise before mentioned, and to trade with the same liberty and security from the places, ports, and havens of those who are enemies of both or either party, without any opposition or disturbance whatsoever, not only directly from the places of the enemy before mentioned to neutral places, but also from one place belonging to an enemy to another place belonging to an enemy, whether they be under the jurisdiction...
26 페이지 - It shall be lawful for the citizens of the United States of America and of the Republic of Guatemala to sail with their ships, with all manner of liberty and security, no distinction being made who are the proprietors of the merchandise laden thereon...
412 페이지 - ... The people have declared, that in the exercise of all powers given for these objects, it is supreme. It can, then, in effecting these objects, legitimately control all individuals or governments within the American territory. The constitution and laws of a State, so far as they are repugnant to the constitution and laws of the United States, are absolutely void. These States are constituent parts of the United States. They are members of one great empire — for some purposes sovereign, for some...
350 페이지 - The Constitution in direct terms gives an appellate jurisdiction to the Supreme Court in all the enumerated cases of federal cognizance, in which it is not to have an original one, without a single expression to confine its operation to the inferior federal courts. The objects of appeal, not the tribunals from which it is to be made, are alone contemplated.