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action admiralty affirmed aforesaid alleged American appear articles of confederation assembly assumpsit authority Ballard bill Bingham bond Britain British capture cargo cause certificate circuit court citizen claim commission common law confiscation considered constitution contract counsel court of admiralty court of appeals creditor curtesy damages debtor debts decision declaration decree defendant in error district court Doane entitled evidence ex post facto execution exercise expatriation fact French republic grant Hampshire Hylton impediment issue judge judgment jurisdiction jury justice land law of nations legislature libel Marquis de Bouille Mary Ford nature neutral objection opinion owners paid party payment peace Penhallow Pennsylvania persons plaintiff in error plea port possession present principle proceedings reason record respect restitution Rhode Island rule ship statute suit supreme court Talbot term tion treaty trial United Vatt verdict vessel Virginia warrant words writ of error
Page 276 - which declares *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 219 - It is agreed, that creditors on either side shall meet with no lawful impediment to the recovery of the full value, in sterling money, of all bond fide debts heretofore contracted." The meaning of this provision may, perhaps, be better considered, by an
Page 301 - and yet not in the supreme court, though the supreme court will have an appellate jurisdiction ; as, where laws of the state authorize such suits in her own courts, and there is drawn in question the validity of a treaty, or statute of, or authority exercised
Page 160 - Britannic majesty should, with all convenient speed, and without causing any destruction, or carrying away any negroes or other property of the American inhabitants, withdraw all his armies, garrisons and fleets, from the said United States, and from every port, place and harbor within the same,
Page 200 - it would have been expressed. The indefinite and sweeping terms made use of by the parties, such as " creditors on either side, no lawful impediment to the recovery of the full value in sterling money, of all debts heretofore contracted," exclude the idea of any class of cases having been intended to be excepted, and explode the doctrine of constructive discrimination.
Page 190 - article of the treaty is in these words : " It is agreed, that creditors, on either side, shall meet with no lawful impediment to the recovery of the full value, in sterling money, of all bond fide debts, heretofore contracted.
Page 278 - 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." This adoption of the state laws extends as well to the unwritten, as to the written
Page 197 - impediment to the recovery of the full value, in sterling money, of all bond fide debts heretofore contracted." The phraseology made use of leaves in my mind no room to hesitate as to the intention of the parties. The terms are unequivocal and universal in their signification, and obviously point to and comprehend all creditors, and all debtors, previously to the 3d
Page 251 - from a final judgment or decree in any suit, in the highest court of law or equity, of a state, in which a decision in the suit could be had.
Page 162 - constitution of the United States of America, among other things, expressly declared, that treaties which were then made, or should thereafter be made, under the authority of the United States, should be the supreme law of the land, anything in the said constitution, or of the laws of any state, to the contrary