Commentaries on the Constitution of the United States: With a Preliminary Review of the Constitutional History of the Colonies and States, Before the Adoption of the Constitution, Volume 3 |
From inside the book
Results 1-5 of 47
Page 188
... trial by jury ; for a proportionate rep- resentation in the legislature ; for judicial proceedings according to the course of the common law ; for capital offences being bailable ; for fines being moderate , and punishments not cruel or ...
... trial by jury ; for a proportionate rep- resentation in the legislature ; for judicial proceedings according to the course of the common law ; for capital offences being bailable ; for fines being moderate , and punishments not cruel or ...
Page 238
... tried in the county , where they are committed ; or that the trial by jury shall remain invio- 1 Ogden v . Saunders , 12 Wheat . R. 265 , per Washington J. 2 Ogden v . Saunders , 12 Wheat . R. 265 , 269 , 288 , 289 , 305 , 306 , 328 ...
... tried in the county , where they are committed ; or that the trial by jury shall remain invio- 1 Ogden v . Saunders , 12 Wheat . R. 265 , per Washington J. 2 Ogden v . Saunders , 12 Wheat . R. 265 , 269 , 288 , 289 , 305 , 306 , 328 ...
Page 508
... tried for a crime against the United States , should be denied a trial by jury , or a trial in the state , where the crime is charged to be committed ; if a person , held to labour , or service in one state , under the laws thereof ...
... tried for a crime against the United States , should be denied a trial by jury , or a trial in the state , where the crime is charged to be committed ; if a person , held to labour , or service in one state , under the laws thereof ...
Page 628
... tried by a jury . § 1757. It is observable , that the language of the constitution is , that " the Supreme Court shall have " appellate jurisdiction , both as to law and fact . " This provision was a subject of no small alarm and mis ...
... tried by a jury . § 1757. It is observable , that the language of the constitution is , that " the Supreme Court shall have " appellate jurisdiction , both as to law and fact . " This provision was a subject of no small alarm and mis ...
Page 629
... trial by jury would be a mere mockery . The real object of the provision was to retain the power of reviewing the fact , as well as the law , in cases of admiralty and maritime jurisdiction.1 And the manner , in which it is expressed ...
... trial by jury would be a mere mockery . The real object of the provision was to retain the power of reviewing the fact , as well as the law , in cases of admiralty and maritime jurisdiction.1 And the manner , in which it is expressed ...
Contents
| 240 | |
| 270 | |
| 277 | |
| 340 | |
| 379 | |
| 425 | |
| 523 | |
| 577 | |
| 115 | |
| 127 | |
| 149 | |
| 156 | |
| 169 | |
| 174 | |
| 184 | |
| 193 | |
| 201 | |
| 202 | |
| 217 | |
| 613 | |
| 635 | |
| 667 | |
| 673 | |
| 679 | |
| 691 | |
| 702 | |
| 713 | |
| 726 | |
| 756 | |
Other editions - View all
Common terms and phrases
12 Wheat 9 Wheat admiralty admitted adopted amendment appellate jurisdiction appointment arising articles of confederation authority bank Bank of United bill of attainder bills of credit cessio bonorum citizens civil clause common law confederation constitution constitutionally construction contract controversies Cranch declare deemed duty Elliot's Debates ernment establish exclusive executive exercise exist extend favour Federalist foreign grant gress independent Journal of Convention judges judgment judicial power judiciary justice Kent's Comm latter legislative legislature liberty means ment militia mode national government nature necessary objects obligation opinion original jurisdiction party persons Peters's Cond Peters's Sup possess post-offices power of congress president principles prohibition propriety punish purpose question Rawle on Const reason regulate require senate sovereignty stitution suit supposed Supreme Court territory tion treaties trial by jury tribunals Tuck Tucker's Black tution Union United vested vote wholly
Popular passages
Page 168 - Full faith and credit shall be given in each of these States to the records, acts, and judicial proceedings, of the courts and magistrates of every other State.
Page 722 - God, and for the support and maintenance of public protestant teachers of piety, religion and morality, in all cases where such provision shall not be made voluntarily.
Page 426 - Nor does this conclusion by any means suppose a superiority of the judicial to the legislative power. It only supposes that the power of the people is superior to both ; and that where the will of the legislature, declared in its statutes, stands in opposition to that of the people, declared in the Constitution, the judges ought to be governed by the latter rather than the former. They ought to regulate their decisions by the fundamental laws, rather than by those which are not fundamental.
Page 182 - And, in the just preservation of rights and property, it is understood and declared that no law ought ever to be made or have force in the said Territory that shall, in any manner whatever, interfere with or affect private contracts, or engagements, bona fide, and without fraud previously formed.
Page 454 - The judiciary, on the contrary, has no influence over either the sword or the purse; no direction either of the strength or of the wealth of the society, and can take no active resolution whatever. It may truly be said to have neither FORCE nor WILL but merely judgment; and must ultimately depend upon the aid of the executive arm even for the efficacy of its judgments.
Page 486 - Next to permanency in office, nothing can contribute more to the independence of the judges than a fixed provision for their support.
Page 430 - Thus, the particular phraseology of the Constitution of the United States confirms and strengthens the principle, supposed to be essential to all written constitutions, that a law repugnant to the Constitution is void; and that courts, as well as other departments, are bound by that instrument.
Page 669 - The better to secure and perpetuate mutual friendship and intercourse among the people of the different States in this Union, the free inhabitants of each of these States, paupers, vagabonds and fugitives from justice excepted, shall be entitled to all privileges and immunities of free citizens...
Page 428 - If the former part of the alternative be true, then a legislative act, contrary to the constitution, is not law: if the latter part be true, then written constitutions are absurd attempts, on the part of the people, to limit a power, in its own nature, illimitable.
Page 150 - The inhabitants of the ceded territory shall be incorporated in the Union of the United States and admitted as soon as possible according to the principles of the federal Constitution to the enjoyment of all the rights, advantages and immunities of citizens of the United States, and in the mean time they shall be maintained and protected in the free enjoyment of their liberty, property and the Religion which they profess.