The American Law Journal and Miscellaneous Repertory, Volume 2

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W.P. Farrand and Company, 1809
 

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Página 256 - The complete independence of the courts of justice is peculiarly essential in a limited Constitution. By a limited Constitution I understand one which contains certain specified exceptions to the legislative authority; such, for instance, as that it shall pass no bills of attainder, no ex post facto laws, and the like.
Página 268 - ... provided that no treaty of commerce shall be made whereby the legislative power of the respective states shall be restrained from imposing such imposts and duties on foreigners as their own people are subjected to, or from prohibiting the exportation or importation of any species of goods or commodities whatsoever...
Página 439 - But no acknowledgment of any conveyance having been executed, shall be taken by any officer, unless the officer taking the same shall know, or have satisfactory evidence, that the person making such acknowledgment is the individual described in and who executed such conveyance.
Página 257 - ... derived from any positive law, but from the nature and reason of the thing. It is a rule not enjoined upon the courts by legislative provision, but adopted by themselves, as consonant to truth and propriety, for the direction of their conduct as interpreters of the law. They thought it reasonable, that between the interfering acts of an equal authority, that which was the last indication of its will should have the preference.
Página 265 - That no navigation law, or law regulating commerce, shall be passed without the consent of two thirds of the members present in both houses.
Página 263 - Further, the power to regulate commerce is not to be confined to the adoption of measures exclusively beneficial to commerce itself, or tending to its advancement ; but in our national system, as in all modern sovereignties, it is also to be considered as an instrument for other purposes of general policy and interest.
Página 260 - If the Federal Government should overpass the just bounds of its authority, and make a tyrannical use of its powers; the people whose creature it is must appeal to the standard they have formed, and take such measures to redress the injury done to the constitution, as the exigency may suggest and prudence justify.
Página 77 - In the exercise of this power, congress has passed "an act for enrolling and licensing ships or vessels to be employed in the coasting trade, and fisheries, and for regulating the same.
Página 74 - Justice, and of an Act passed in the Parliament of Ireland in the Sixth Year of the Reign of Queen Anne, intituled An Act for the Amendment of the Law and the better advancement of Justice...
Página 265 - If the circumstances of our country are such, as to demand a compound, instead of a simple; a confederate, instead of a sole government...

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