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, Том 3 |
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Страница 5
Imprisonment , as a civil remedy , admits of no defence , except as it is used to
coerce fraudulent debtors to yield up their present property to their creditors , in
discharge of their engagements . But when the debtors have no property , or
have ...
Imprisonment , as a civil remedy , admits of no defence , except as it is used to
coerce fraudulent debtors to yield up their present property to their creditors , in
discharge of their engagements . But when the debtors have no property , or
have ...
Страница 13
And it may be laid down , as the law of Germany , France , Holland , Scotland ,
and England , that their insolvent laws are not more extensive in their operation ,
than the cessio bonorum of the civil law . In some parts of Germany , we are ...
And it may be laid down , as the law of Germany , France , Holland , Scotland ,
and England , that their insolvent laws are not more extensive in their operation ,
than the cessio bonorum of the civil law . In some parts of Germany , we are ...
Страница 46
... own citizens , for any public purposes indispensable for the Union , either
military or civil , would not congress possess a constitutional right to demand ,
and appropriate land within the state for such purposes , making a just
compensation ?
... own citizens , for any public purposes indispensable for the Union , either
military or civil , would not congress possess a constitutional right to demand ,
and appropriate land within the state for such purposes , making a just
compensation ?
Страница 55
... but was only punishable by the civil law , & c .; the attainder by which law
wrought no forfeiture of lands or corruption of blood . ” 5 And he added , that the
statute of 28 Henry 8 , ch . 15 , which created the High Commission Court for the
trial of ...
... but was only punishable by the civil law , & c .; the attainder by which law
wrought no forfeiture of lands or corruption of blood . ” 5 And he added , that the
statute of 28 Henry 8 , ch . 15 , which created the High Commission Court for the
trial of ...
Страница 56
the offence , or make the offence felony , but left the offence as it was before the
act , viz . felony only by the civil law . § 1158. Offences against the law of nations
are quite as important , and cannot with any accuracy be said to be completely ...
the offence , or make the offence felony , but left the offence as it was before the
act , viz . felony only by the civil law . § 1158. Offences against the law of nations
are quite as important , and cannot with any accuracy be said to be completely ...
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Страница 168 - Full faith and credit shall be given in each of these States to the records, acts, and judicial proceedings, of the courts and magistrates of every other State.
Страница 722 - God, and for the support and maintenance of public protestant teachers of piety, religion and morality, in all cases where such provision shall not be made voluntarily.
Страница 426 - Nor does this conclusion by any means suppose a superiority of the judicial to the legislative power. It only supposes that the power of the people is superior to both ; and that where the will of the legislature, declared in its statutes, stands in opposition to that of the people, declared in the Constitution, the judges ought to be governed by the latter rather than the former. They ought to regulate their decisions by the fundamental laws, rather than by those which are not fundamental.
Страница 182 - And, in the just preservation of rights and property, it is understood and declared that no law ought ever to be made or have force in the said Territory that shall, in any manner whatever, interfere with or affect private contracts, or engagements, bona fide, and without fraud previously formed.
Страница 454 - The judiciary, on the contrary, has no influence over either the sword or the purse; no direction either of the strength or of the wealth of the society, and can take no active resolution whatever. It may truly be said to have neither FORCE nor WILL but merely judgment; and must ultimately depend upon the aid of the executive arm even for the efficacy of its judgments.
Страница 486 - Next to permanency in office, nothing can contribute more to the independence of the judges than a fixed provision for their support.
Страница 430 - Thus, the particular phraseology of the Constitution of the United States confirms and strengthens the principle, supposed to be essential to all written constitutions, that a law repugnant to the Constitution is void; and that courts, as well as other departments, are bound by that instrument.
Страница 669 - The better to secure and perpetuate mutual friendship and intercourse among the people of the different States in this Union, the free inhabitants of each of these States, paupers, vagabonds and fugitives from justice excepted, shall be entitled to all privileges and immunities of free citizens...
Страница 428 - If the former part of the alternative be true, then a legislative act, contrary to the constitution, is not law: if the latter part be true, then written constitutions are absurd attempts, on the part of the people, to limit a power, in its own nature, illimitable.
Страница 150 - The inhabitants of the ceded territory shall be incorporated in the Union of the United States and admitted as soon as possible according to the principles of the federal Constitution to the enjoyment of all the rights, advantages and immunities of citizens of the United States, and in the mean time they shall be maintained and protected in the free enjoyment of their liberty, property and the Religion which they profess.