Reports of Cases Adjudged in the District Court of South Carolina. [1792-1809]William P. Farrand and Company Fry and Krammerer, printers, 1810 - 495 Seiten |
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Seite 31
... executive , and not by the judiciary . That the opinion of individuals ought not to ope- rate with the court , the treaty being plain and conclu- sive . That the jurisdiction of this court is defined by the 9th section of the act for ...
... executive , and not by the judiciary . That the opinion of individuals ought not to ope- rate with the court , the treaty being plain and conclu- sive . That the jurisdiction of this court is defined by the 9th section of the act for ...
Seite 32
... executive depart- ments , and we must not infringe the barriers . At any rate the Sans - pareille was not within the president's censure ; and if the Fair Margaret was improperly fit- ted out in our ports , and proscribed on that ...
... executive depart- ments , and we must not infringe the barriers . At any rate the Sans - pareille was not within the president's censure ; and if the Fair Margaret was improperly fit- ted out in our ports , and proscribed on that ...
Seite 33
... executive has been submitted to both branches of the legislature , and has met with their de- cided approbation . This , it is true , wants the forms of law , and is not , therefore , binding upon a judge . If , however , his own ...
... executive has been submitted to both branches of the legislature , and has met with their de- cided approbation . This , it is true , wants the forms of law , and is not , therefore , binding upon a judge . If , however , his own ...
Seite 62
... executive power of these states . The 27th article of the treaty with France regulates the mode of proceeding of their vessels of war and pri- vateers , which , in the present instance was wholly dis- regarded . Hervieux first enticed ...
... executive power of these states . The 27th article of the treaty with France regulates the mode of proceeding of their vessels of war and pri- vateers , which , in the present instance was wholly dis- regarded . Hervieux first enticed ...
Seite 215
... executive or legislative interference . I do not consider this court as competent to reverse the sentence of a foreign court where the property is condemned as belonging to enemies : it would lead to a right of appeal from such ...
... executive or legislative interference . I do not consider this court as competent to reverse the sentence of a foreign court where the property is condemned as belonging to enemies : it would lead to a right of appeal from such ...
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Häufige Begriffe und Wortgruppen
act of congress actor adjudge admitted American Angus appears arrived authority Ballard bill bills of lading bottomry bound brig brigantine British captain capture cause Charleston charter-party circumstances citizens claim claimant coast commission common law condemnation considered consignees consul contended contract court of admiralty crew cruize Cupisono damages decision declared decree demnation discharge dismissed dollars Dominica enemy evidence executive foreign freight French Guadaloupe Havannah high seas Himely hypothecation Jamaica judge jurisdiction law of nations laws of Oleron libel mariner maritime master mate ment Nash neutral New-York offence Oleron opinion owners paid parties persons Philadelphia piracy plea port Port-de-Paix possession present priva privateer prize proceedings punish question received sailed salvage says schooner seamen sentence shew Silas Talbot Sloop sold suit tain taken Talbot terstrom Thomas Nash tion treaty with France tribunal Tunno United vessel and cargo voyage wages
Beliebte Passagen
Seite 19 - Courts, as the case may be, of all causes where an alien sues for a tort only, in violation of the law of nations or a treaty of the United States...
Seite 277 - But the extension of the judicial power of the United States to all cases of admiralty "and maritime jurisdiction must necessarily be understood with some limitation.
Seite 326 - ... which it has determined. In some cases, that jurisdiction unquestionably depends as well on the state of the thing as on the constitution of the court. If by any means whatever a prize court should be induced to condemn, as prize of war, a vessel which was never captured, it...
Seite 20 - That the district courts shall take cognizance of complaints, by whomsoever instituted, in cases of captures made within the waters of the United States, or within a marine league of the coasts or shores thereof.
Seite 267 - ... whom they consulted, as much against the laws of the land as to murder or rob, or combine to murder or rob, its own citizens ; and as much to require punishment, if done within their limits, where they have a territorial jurisdiction, or on the high seas, where they have a personal jurisdiction, that is to say, one which reaches their own citizens only, this being an appropriate part of each nation on an element where all have a common jurisdiction.
Seite 302 - By the maritime law of nations universally and immemorially received, there is an established method of determination, whether the capture be, or be not, lawful prize. Before the ship or goods can be disposed of by the captor there must be a regular judicial proceeding wherein both parties may be heard, and condemnation thereupon as prize in a Court of Admiralty, judging by the law of nations and treaties.
Seite 284 - The President is the sole organ of the nation in its external relations, and its sole representative with foreign nations.
Seite 284 - The treaty, which is a law, enjoins the performance of a particular object. The person who is to perform this object is marked out by the constitution, since the person is named who conducts the foreign intercourse, and is to take care that the laws be faithfully executed. The means by which it is to be performed, the force of the nation, are in the hands of this person. Ought not this person to perform the object, although the particular mode of using the means has not been prescribed ? Congress...