Reports of Cases Adjudged in the District Court of South Carolina. [1792-1809]

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William P. Farrand and Company Fry and Krammerer, printers, 1810 - 495

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Strona 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...
Strona 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.
Strona 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...
Strona 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.
Strona 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.
Strona 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.
Strona 284 - The President is the sole organ of the nation in its external relations, and its sole representative with foreign nations.
Strona 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...

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