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 8
... agricultural interests at the present moment , is the total want of a general
system of bankruptcy . It is well known , that the power has lain dormant , except
for a short period , ever since the constitution was adopted ; and the excellent
system ...
... agricultural interests at the present moment , is the total want of a general
system of bankruptcy . It is well known , that the power has lain dormant , except
for a short period , ever since the constitution was adopted ; and the excellent
system ...
Страница 12
The system of discharging persons , who were unable to pay their debts , was
transferred from the Roman law into continental jurisprudence at an early period .
To the glory of Christianity let it be said , that the law of cession ( cessio bonorum
) ...
The system of discharging persons , who were unable to pay their debts , was
transferred from the Roman law into continental jurisprudence at an early period .
To the glory of Christianity let it be said , that the law of cession ( cessio bonorum
) ...
Страница 20
... probably too late to correct the error , if error there be , in the assumption of this
power by the states , since it has an inveterate practice in its favour through a
very long period , and indeed ever since the adoption of the constitution . § 1117.
... probably too late to correct the error , if error there be , in the assumption of this
power by the states , since it has an inveterate practice in its favour through a
very long period , and indeed ever since the adoption of the constitution . § 1117.
Страница 27
As a farther proof upon this subject , the statute book contains many acts passed
at various times , during a period of more than twenty years , discontinuing
certain post - roads . A strong argument is also derivable from the practice of ...
As a farther proof upon this subject , the statute book contains many acts passed
at various times , during a period of more than twenty years , discontinuing
certain post - roads . A strong argument is also derivable from the practice of ...
Страница 48
The right to useful inventions seems , with equal reason , to belong to the
inventors ; and , accordingly , it was saved out of the statute of monopolies in the
reign of King James the First , and has ever since been allowed for a limited
period , not ...
The right to useful inventions seems , with equal reason , to belong to the
inventors ; and , accordingly , it was saved out of the statute of monopolies in the
reign of King James the First , and has ever since been allowed for a limited
period , not ...
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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.