The American Law Journal, Volume 6W. P. Farrand and Company, 1817 - Law |
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Page 7
... authority of a sove- reign state , could not be devested by the tribunals of that coun- try into whose ports the captured vessel was brought . It will be recollected , that in this case the property belonged to American citizens , and ...
... authority of a sove- reign state , could not be devested by the tribunals of that coun- try into whose ports the captured vessel was brought . It will be recollected , that in this case the property belonged to American citizens , and ...
Page 9
... authority to award damages to the injured party where the capture has been unlawful , and thereby indirectly , to entertain the question of prize . Much less is it to be inferred , that the fact of recapture alone , enables a neutral ...
... authority to award damages to the injured party where the capture has been unlawful , and thereby indirectly , to entertain the question of prize . Much less is it to be inferred , that the fact of recapture alone , enables a neutral ...
Page 10
... authority of one sovereign , can never be subject to the revision of the tribunals of another sovereign ; and the parties to such acts are not responsible therefore , in their private capacities . If the citizens of a neutral country ...
... authority of one sovereign , can never be subject to the revision of the tribunals of another sovereign ; and the parties to such acts are not responsible therefore , in their private capacities . If the citizens of a neutral country ...
Page 14
... authority of Bynkershoek ( c ) to support it . Roccus ( d ) holds , that wages are due , notwithstanding the voy- age is not performed , if it happen from any fortuitous occur- rence , and the mariner is not in fault . Cleirac seems ...
... authority of Bynkershoek ( c ) to support it . Roccus ( d ) holds , that wages are due , notwithstanding the voy- age is not performed , if it happen from any fortuitous occur- rence , and the mariner is not in fault . Cleirac seems ...
Page 20
... authority to prove , that the payment of wages does not depend upon the earning of freight , if the ship or any of her materials equal to the wages , remain after the voyage . That case is very imperfectly reported . I have , how- ever ...
... authority to prove , that the payment of wages does not depend upon the earning of freight , if the ship or any of her materials equal to the wages , remain after the voyage . That case is very imperfectly reported . I have , how- ever ...
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Common terms and phrases
according act of congress admiralty alien alleged American appears appellate jurisdiction authority barratry belligerents British subjects capture cargo cause character charter-party citizens claim commerce common law condemned confiscation consent considered constitution construction contended contraband contract creditors cruisers decided decision declaration deemed defendant discharge droits of admiralty effect enemies enemy's England English established execution exercise expressly Fairfax Fairfax's devisee favour federal courts Federalist foreign France freight grant insolvent interdict judges judgment judicial act judicial power judiciary jury justice king king of Spain land law of nations lord Low Countries maritime master ment munitions navigation neutral country neutral merchants neutral vessels Northern Neck objection opinion owners parties peace persons plaintiff port principle prize proceeding prohibited prove provisions question reason residence respect seized ship slaves sovereign sovereignty Spain statute Supreme court territory thing tion trade tribunals United Provinces vested voyage wages
Popular passages
Page 397 - State in which a decision in the suit could be had, where is drawn in question the validity of a treaty, or statute of, or an authority exercised under, the United States, and the decision is against their validity ; or where is drawn in question the validity of a statute of, or an authority exercised under, any State, on the ground of their being repugnant to the Constitution, treaties or laws of the United States...
Page 422 - States are parties, as limited by the plain sense and intention of the instrument constituting that compact : as no further valid than they are authorized by the grants enumerated in that compact, and that in case of a deliberate, palpable, and dangerous exercise of other powers not granted by the said compact, the !States who are parties thereto have the right, and are in duty bound, to interpose...
Page 487 - That, in all capital or criminal prosecutions, a man hath a right to demand the cause and nature of his accusation, to be confronted with the accusers and witnesses, to call for evidence in his favor, and to a speedy trial by an impartial jury of twelve men of his vicinage, without whose unanimous consent he cannot be found guilty...
Page 29 - That there shall be no future confiscations made, nor any prosecutions commenced against any person or persons, for or by reason of the part which he or they may have taken in the present war; and that no person shall on that account suffer any future loss or damage, either in his person, liberty, or property...
Page 397 - that a final judgment or decree in any suit, in the highest court of law or equity of a state, in which a decision in the suit could be had, where is drawn in question the validity of a treaty or statute of, or an authority exercised under the United States, and the decision is against their validity...
Page 438 - that a final judgment or decree, in any suit in the highest court of law or equity of a state, in which a decision in the suit could be had, where is drawn in question, the validity of a treaty, or statute of, or an authority exercised under the United States, and the decision is against their validity...
Page 32 - Providence Plantations, Connecticut, New York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina, and Georgia, to be free, sovereign and independent States ; that he treats with them as such, and for himself, his heirs and successors, relinquishes all claims to the Government, proprietary and territorial rights of the same, and every part thereof.
Page 118 - that the laws of the several States, except where the Constitution, treaties, or statutes of the United States shall otherwise require or provide, shall be regarded as rules of decision in trials at common law in the courts of the United States, in cases where they apply.
Page 487 - That all men are by nature equally free and independent, and have certain inherent rights, of which, when they enter into a state of society, they cannot, by any compact, deprive or divest their posterity, namely, the enjoyment of life and liberty, with the means...
Page 333 - But no other error shall be assigned or regarded as a ground of reversal in any such case as aforesaid, than such as appears on the face of the record, and immediately respects the before mentioned questions of validity or construction of the said constitution, treaties, statutes, commissions, or authorities in dispute.