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 |
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Page 41
... express law of the General Court , or the good and equitable laws of our nation suita- ble for us , in matters which are of a civil nature , ( as by the court here hath been accustomed , ) wherein we have no particular law of our own ...
... express law of the General Court , or the good and equitable laws of our nation suita- ble for us , in matters which are of a civil nature , ( as by the court here hath been accustomed , ) wherein we have no particular law of our own ...
Page 57
... express law of the General Court , " or in case of a defect of a law in any particular case , by the word of God ; and in capital cases , or in cases of dismembering or banishment according to that word , to be judged of by the General ...
... express law of the General Court , " or in case of a defect of a law in any particular case , by the word of God ; and in capital cases , or in cases of dismembering or banishment according to that word , to be judged of by the General ...
Page 77
... express law of this colony , war- ranting the same , established by the general court , and sufficiently published ; or in case of the defects of a law in any particular case , by some clear and plain rule of the word of God , in which ...
... express law of this colony , war- ranting the same , established by the general court , and sufficiently published ; or in case of the defects of a law in any particular case , by some clear and plain rule of the word of God , in which ...
Page 126
... express legislation , adopted as part of its own code ; and all English statutes respecting allegiance , all the test and supremacy acts , and all acts declaring the rights and liberties of the subjects , or securing the same , were ...
... express legislation , adopted as part of its own code ; and all English statutes respecting allegiance , all the test and supremacy acts , and all acts declaring the rights and liberties of the subjects , or securing the same , were ...
Page 139
... express declaration , that all sub- jects and their children inhabiting therein shall be deemed natural - born subjects , and shall enjoy all the privileges and immunities thereof ; and that the laws of England , so far as they are ...
... express declaration , that all sub- jects and their children inhabiting therein shall be deemed natural - born subjects , and shall enjoy all the privileges and immunities thereof ; and that the laws of England , so far as they are ...
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Common terms and phrases
adopted Amer American Revolution appointed articles of confederation assembly assent authority Belk Chalm Chalmers's Annals charter Church of England citizens claim Coll colonies Comm common law compact confederation constitution construed contract convention council crown Dane's App declared deemed delegated doctrine Doug duties East Greenwich Elliot's Debates eral ernment established estates executive exercise federal Federalist form of government governor grant Hist Holmes's Annals Hutch independent Indians inhabitants judicial power jurisdiction justice king lands laws of England legislative legislature liberty M'Intosh Marsh Massachusetts ment Museum nature New-England New-Jersey New-York North American Review objects opinion ordinances original parliament parties persons Pitk political possession president principle proprietary province ratified regulate representatives respect Revolution Robertson's America senate sense South Carolina sovereign sovereignty statutes Summ taxes territory thereof tion treaty trial by jury Tucker's Black Union United Virginia votes whole
Popular passages
Page x - ... 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 401 - 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 ii - 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 v - ... 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 237 - 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 162 - 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 199 - 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 x - 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 276 - 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 314 - 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.