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 1
Hilliard, Gray,, 1833 - Constitutional history - 776 pages
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Joseph Story, LL. D., "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", Brown, Shattuck, and Co., 1833, Volume I of III
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according admitted adopted Amer America Annals appeal appointed assembly assent authority bound called Chalm charter civil claim Coll colonies Comm common compact confederation congress considered constitution contract convention council courts crown Debates deemed delegated dependent doctrine duties effect England enter equal established exclusive executive exercise existence express extent federal Federalist force give given governor grant Hist Holmes's Hutch important independent individuals inhabitants interests interpretation judges judicial justice king lands language laws legislative legislature liberty limited majority manner Marsh Massachusetts means measures ment nature necessary North objects opinion original parties passed period persons Pitk political possession present president principle province question reasoning regulate representatives respect rule says secure senate sense sovereign statutes territory thereof things tion treaty true Union United Virginia whole
Page xviii - ... 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.
Page 409 - A constitution, to contain an accurate detail of all the subdivisions of which its great powers will admit, and of all the means by which they may be carried into execution, would partake of the prolixity of a legal code, and could scarcely be embraced by the human mind.
Page x - 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.
Page xiii - ... 2. The privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion the public safety may require it. 3. No bill of attainder or ex post facto law shall be passed. 4. No capitation or other direct tax shall be laid, unless in proportion to the census or enumeration herein before directed to be taken.
Page 245 - It is obviously impracticable in the federal government of these States, to secure all rights of independent sovereignty to each, and yet provide for the interest and safety of all— Individuals entering into society, must give up a share of liberty to preserve the rest.
Page 170 - That the foundation of English liberty, and of all free government, is a right in the people to participate in their legislative council and as the English colonists are not represented, and from their local and other circumstances, cannot properly be represented in the British parliament, they are entitled to a free and exclusive power of legislation in their several provincial legislatures...
Page 207 - The said states hereby severally enter into a firm league of friendship with each other, for their common defence, the security of their Liberties, and their mutual and general welfare, binding themselves to assist each other, against all force offered to, or attacks made upon them, or any of them, on account of religion, sovereignty, trade, or any other pretence whatsoever.
Page xviii - Treason against the United 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.
Page 284 - Society is indeed a contract. Subordinate contracts for objects of mere occasional interest may be dissolved at pleasure ; but the state ought not to be considered as nothing better than a partnership agreement in a trade of pepper and coffee, calico or tobacco, or some other such low concern, to be taken up for a little temporary interest, and to be dissolved by the fancy of the parties.
Page 322 - The government of the Union, then (whatever may be the influence of this fact on the case), is, emphatically and truly, a government of the people. In form, and in substance, it emanates from them. Its powers are granted by them, and are to be exercised directly on them, and for their benefit.