The American Law Journal, Volume 6W. P. Farrand and Company, 1817 - Law |
From inside the book
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Page 14
... enemies , & c . the mariners were to receive their wages , they would not hazard their lives for the safety of the ship . The rule itself also is not without exceptions ; if the voyage or freight be lost by the negligence , fraud or ...
... enemies , & c . the mariners were to receive their wages , they would not hazard their lives for the safety of the ship . The rule itself also is not without exceptions ; if the voyage or freight be lost by the negligence , fraud or ...
Page 20
... enemy as to its effects . That it either affords prima facie evidence of illegal con- duct in the neutral , which subjects him to condemnation , and such conduct ought not to affect seamen , who are innocent par- ties ; or such capture ...
... enemy as to its effects . That it either affords prima facie evidence of illegal con- duct in the neutral , which subjects him to condemnation , and such conduct ought not to affect seamen , who are innocent par- ties ; or such capture ...
Page 43
... enemies , and not that of rebels . This is implied in the passing of such an act , and in the wording of it : -Peace and Truce - was not the lan- guage to hold to rebels ; nor did the king need the authority of an act of parliament to ...
... enemies , and not that of rebels . This is implied in the passing of such an act , and in the wording of it : -Peace and Truce - was not the lan- guage to hold to rebels ; nor did the king need the authority of an act of parliament to ...
Page 44
... enemies , and ceased to be traitors and rebels ; it is very curious , that a different reason for making it was given by the makers of the act ; that reason is recorded in the parliamentary debates of the time ; and the rea- son so ...
... enemies , and ceased to be traitors and rebels ; it is very curious , that a different reason for making it was given by the makers of the act ; that reason is recorded in the parliamentary debates of the time ; and the rea- son so ...
Page 51
... enemies . So , indeed , at common law , the country gives the character to the persons who inhabit it , in matters that are governed by the character of the country . The British - born subjects of a ceded colony lose their character of ...
... enemies . So , indeed , at common law , the country gives the character to the persons who inhabit it , in matters that are governed by the character of the country . The British - born subjects of a ceded colony lose their character of ...
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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.