The American Reports: Containing All Decisions of General Interest Decided in the Courts of Last Resort of the Several States with Notes and References, Τόμος 12
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action alleged allowed appear applied authority bank bill carrier carry cause charge circumstances cited claim common consideration considered constitution construction contract corporation court damages debt decided decision deed defendant delivered determine directed doctrine duty effect entered entitled equity error evidence execution exercise existence express fact force fraud give given granted ground held hold injury intended interest judge judgment jury justice land legislative legislature liable license limits matter means nature necessary notice object obligation opinion owner paid party passed payment person plaintiff possession present principle prove provision purchaser question railroad reason received recover reference regarded removal respect rule says sold statute suit supposed taken thing tion trial true United unless verdict whole
Σελίδα 527 - No doctrine involving more pernicious consequences was ever invented by the wit of man than that any of its provisions can be suspended during any of the great exigencies of government. Such a doctrine leads directly to anarchy or despotism, but the theory of necessity on which it is based is false; for the government, within the Constitution, has all the powers granted to it which are necessary to preserve its existence; as has been happily proved by the result of the great effort to throw off its...
Σελίδα 526 - It would amount to nothing more than the supreme command and direction of the military and naval forces, as first general and admiral of the Confederacy; while that of the British king extends to the declaring of war and to the raising and regulating of fleets and armies — all which, by the Constitution under consideration, would appertain to the legislature.
Σελίδα 527 - The Constitution of the United States is a law for rulers and people, equally in war and in peace, and covers with the shield of its protection all classes of men, at all times, and under all circumstances. No doctrine, involving more pernicious consequences, was ever invented by the wit of man than that any of its provisions can be suspended during any of the great exigencies of government.
Σελίδα 472 - No person shall be subject to be twice put in jeopardy for the same offense; nor shall he be compelled in any criminal case to be a witness against himself; nor be deprived of life, liberty or property without due process of law; nor shall private property be taken for public use, without just compensation.
Σελίδα 529 - I repeat the declaration made a year ago, that " while I remain in my present position I shall not attempt to retract or modify the emancipation proclamation, nor shall I return to slavery any person who is free by the terms of that proclamation, or by any of the acts of Congress.
Σελίδα 538 - State, may remove such suit into the circuit court of the United States for the proper district, at any time before the trial thereof, when it shall be made to appear to said circuit court that from prejudice or local influence he will not be able to obtain justice in such State court...
Σελίδα 433 - Where the fundamental law has not limited, either in terms or by necessary implication, the general powers conferred upon the Legislature, we cannot declare a limitation under the notion of having discovered something in the spirit of the Constitution which is not even mentioned in the instrument...
Σελίδα 426 - Court for, the owner, and no right of way shall be appropriated to the use of any corporation other than municipal until full compensation therefor be first made in money or ascertained and paid into Court for the owner, irrespective of any benefit from any improvement proposed by such corporation, which compensation shall be ascertained by a jury, unless a jury be waived, as in other civil cases in a Court of record, as shall be prescribed by law.
Σελίδα 508 - In order to come within the provision of the constitution of the United States which declares that no state shall pass any law impairing the obligation of contracts...