The American Law Journal, Volume 4
W. P. Farrand and Company, 1813 - Law
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according action admitted adopted answer appears argument authority belong bill bound brought called cargo cause charge citizens claim common Congress consequence consideration considered constitution counsel court decided decision decree deed defendant directed district doubt duty effect enemy entered equity established evidence examination executed exercise existence express fact force foreign French further give given grant ground important intended interest issued judges jurisdiction jury justice land legislature libel manner matter means ment nature necessary never objection observed obtained offence officers opinion orders in council original particular party passed patent person plaintiff port possession practice present President principle proceed proceeding proper proved publick question reason received regulations Representatives respect rule Senate ship sovereign statute supposed taken thing tion trial United vessel warranty whole
Page 52 - 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.
Page 405 - 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.
Page 361 - 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.
Page 235 - 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.
Page 267 - 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.
Page 233 - 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.
Page 232 - 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.
Page 234 - 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...
Page 373 - 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.
Page 232 - 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...