Commentaries on American Law, Volume 1W. Kent, 1851 - Law |
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Page xvii
James Kent. PART IV . OF THE LAW CONCERNING THE RIGHTS OF PERSONS . LECTURE XXIV . - Of the Absolute Rights of Persons ,. The history of the bill of rights ,. 1. Of personal security , .. 2. Of slander and libels ,. 3. Of personal ...
James Kent. PART IV . OF THE LAW CONCERNING THE RIGHTS OF PERSONS . LECTURE XXIV . - Of the Absolute Rights of Persons ,. The history of the bill of rights ,. 1. Of personal security , .. 2. Of slander and libels ,. 3. Of personal ...
Page 14
... persons and property were placed under the spe- cial protection and safeguard of the crown ; and the punish- ment of death , without hope of pardon , was pronounced against the guilty.a ( 1 ) The progress of moderation and humanity in ...
... persons and property were placed under the spe- cial protection and safeguard of the crown ; and the punish- ment of death , without hope of pardon , was pronounced against the guilty.a ( 1 ) The progress of moderation and humanity in ...
Page 29
... persons of its own subjects , in its own public and private vessels ; and so far territorial jurisdiction may be con- sidered as preserved , for the vessels of a nation are , in many respects , considered as portions of its territory ...
... persons of its own subjects , in its own public and private vessels ; and so far territorial jurisdiction may be con- sidered as preserved , for the vessels of a nation are , in many respects , considered as portions of its territory ...
Page 37
... persons and property . If , how- ever , any government deems the introduction of * foreign- * 35 ers , or their merchandise , injurious to those interests of their own people which they are at liberty to protect and promote , they are ...
... persons and property . If , how- ever , any government deems the introduction of * foreign- * 35 ers , or their merchandise , injurious to those interests of their own people which they are at liberty to protect and promote , they are ...
Page 42
... persons and other persons ; and it provides in art . 4 , sec . 2 , for their surrender , when escaping from one state to another : -that slaves were regarded by law as property in nearly all the states , and protected as such , and ...
... persons and other persons ; and it provides in art . 4 , sec . 2 , for their surrender , when escaping from one state to another : -that slaves were regarded by law as property in nearly all the states , and protected as such , and ...
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Popular passages
Page 500 - So, if a law be in opposition to the Constitution, if both the law and the Constitution apply to a particular case, so that the court must either decide that case conformably to the law, disregarding the Constitution, or conformably to the Constitution, disregarding the law, the court must determine which of these conflicting rules governs the case. This is of the very essence of judicial duty.
Page 649 - States, which shall consist of a senate and house of representatives. Section 2. — 1. The house of representatives shall be composed of members chosen every second year, by the people of the several states ; and the electors in each state shall have the qualifications requisite for electors of the most numerous branch of the state legislature.
Page 371 - 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 328 - Poulson, the editor of a daily paper, to show cause why an attachment should not issue against him for...
Page 499 - To what purpose are powers limited, and to what purpose is that limitation committed to writing, if these limits may at any time be passed by those intended to be restrained ? The distinction between a government with limited and unlimited powers is abolished, if those limits do not confine the persons on whom they are imposed, and if acts prohibited and acts allowed, are of equal obligation.
Page 652 - To exercise exclusive legislation in all cases whatsoever, over such district (not exceeding ten miles square) as may, by cession of particular States, and the acceptance of Congress, become the seat of government of the United States, and to exercise like authority over all places purchased, by the consent of the Legislature of the State in which the same shall be, for the erection of forts, magazines, arsenals, dockyards, and other needful buildings : and, 17.
Page 651 - States; [2] To borrow money on the credit of the United States; [3] To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes; [4] To establish an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies...
Page 333 - ... saving to suitors, in all cases, the right of a common law remedy, where the common law is competent to give it...
Page 413 - Congress cannot vest any portion of the judicial power of the United States, except in courts ordained and established by itself...
Page 270 - But it may, with great reason, be contended, that a government, intrusted with such ample powers, on the due execution of which the happiness and prosperity of the nation so vitally depends, must also be intrusted with ample means for their execution.