The American Law Journal, 4권W. P. Farrand and Company, 1813 |
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Admiralty admitted alluvion Amelia Island answer appears appellants argument articles of confederation authority Batture bill blockade British capture cargo cause citizens claim claimant common law Congress consequence considered constitution contended convention counsel court Court of Chancery Court of Equity decision declaration decree deed defendants Derbigny district duty enemy equity evidence executive exercise foreign French gentlemen give given grant honourable important injunction intended judges judicial jurisdiction jury justice land legislative legislature libel liberty license Lord Mansfield manner ment Milan decrees necessary objection offence officers opinion orders in council owner party patent Pennsylvania person plaintiff port possession present President principle proceed prohibited proper proved publick question reason regulations repeal republick respect schooner Senate ship sovereign state-governments statutes supposed supreme territory thing tion treaties trial trial by jury United vessel void warranty
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52 페이지 - The judicial power of the United States, shall be vested in one Supreme Court, and in such inferior courts as Congress may from time to time ordain and establish.
405 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.
361 페이지 - The friends of our country have long seen and desired that the power of making war, peace, and treaties, that of levying money and regulating commerce, and the correspondent executive and judicial authorities, should be fully and effectually vested in the General Government of the Union.
235 페이지 - It seems, then, to the court, to be a principle of public law, that national ships of war, entering the port of a friendly power, open for their reception, are to be considered as exempted by the consent of that power from its jurisdiction.
267 페이지 - I trust that it has not escaped my anxious recollection for one moment, what it is that the duty of my station calls for from me, namely, to consider myself as stationed here, not to deliver occasional and shifting opinions to serve present purposes of particular national interest, but to administer with indifference that justice which the law of nations holds out, without distinction, to independent States, some happening to be neutral and some to be belligerent.
233 페이지 - If there be no prohibition the ports of a friendly nation are considered as open to the public ships of all powers with whom it is at peace, and they are supposed to enter such ports and to remain in them, while allowed to remain, under the protection of the government of the place.
232 페이지 - This perfect equality and absolute independence of sovereigns, and this common interest impelling them to mutual intercourse, and an interchange of good offices with each other, have given rise to a class of cases in which every sovereign is understood to waive the exercise of a part of that complete exclusive territorial jurisdiction, which has been stated to be the attribute of every nation.
234 페이지 - When private individuals of one nation spread themselves through another, as business or caprice may direct, mingling indiscriminately with the inhabitants of that other, or when merchant vessels enter for the purposes of trade, it would be obviously inconvenient and dangerous to society, and would subject the laws to continual infraction, and the Government to degradation, if such individuals or merchants did not owe temporary and local allegiance, and were not amenable to the jurisdiction of the...
373 페이지 - And indeed it is as important to regulate, in a republick, in what manner, by whom, to whom, and concerning what, suffrages are to be given, as it is in a monarchy, to know who is the prince, and after what manner he ought to govern.
232 페이지 - In such case, without any express declaration waiving jurisdiction over the army to which this right of passage has been granted, the sovereign who should attempt to exercise it would certainly be considered as violating his faith. By exercising it, the purpose for which the free passage was granted would be defeated, and a portion of the military force of a foreign independent nation would be diverted from those national objects and duties to which it was applicable, and would be withdrawn from...