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action acts actual adopted already American ancient became body brought called causes character citizens civil claim common complete condition connected constitution continued countries course courts crime criminal customs decide decision defendant demands determine direct distinct divisions duties effect element England English entirely equity essential established evidence examination existing extended facts feudal final followed force freemen functions Germanic give given held ideas important individual influence institutions interests Italy judges judicial jurisdiction jurisprudence jury justice king land legislation legislature lord magistrates manner matters means ment methods municipal law natural necessary officer organization original particular parties passed period person portion possession practice present principles procedure proceeding progress provisions questions reason reference regulations relations result Roman rules Saxon separate society statute superior term tion trial tribunals United whole witnesses writing
Page 383 - The power of legislation, and, consequently, of taxation, operates on all the persons and property belonging to the body politic. This is an original principle, which has its foundation in society itself. It is granted by all, for the benefit of all.
Page 358 - For almost five centuries it was appealed to as the decisive authority on behalf of the people, though commonly so far only as the necessities of each case demanded.
Page 367 - A libel is a malicious publication expressed either in printing or writing, or by signs and pictures, tending either to blacken the memory of one dead, or the reputation of one who is alive, and expose him to public hatred, contempt, or ridicule.
Page 401 - And if the government of Rhode Island deemed the armed opposition so formidable, and so ramified throughout the State as to require the nse of its military force and the declaration of martial law, we see no ground upon which this court can question its authority.
Page 359 - To have produced it, to have preserved it, to have matured it, constitute the immortal claim of England upon the esteem of mankind. Her Bacons and Shakespeares, her Miltons and Newtons, with all the truth which they have revealed, and all the generous virtue which they have inspired, are of inferior value when compared with the subjection of men and their rulers to the principles of...
Page 410 - If, in foreign invasion or civil war, the courts are actually closed, and it is impossible to administer criminal justice according to law, then, on the theater of active military operations, where war really prevails, there is a necessity to furnish a substitute for the civil authority, thus overthrown...
Page 401 - It was a state of war, and the established government resorted to the rights and usages of war to maintain itself, and to overcome the unlawful opposition. And in that state of things, the officers engaged in its military service might lawfully arrest any one, who, from the information before them, they had reasonable grounds to believe was engaged in the insurrection...
Page 92 - The judicial power of the United States shall be vested in one supreme court, and in such inferior courts as congress may, from time to time, ordain and establish.
Page 358 - ... them against blights. On the English nation, undoubtedly, the Charter has contributed to bestow the union of establishment with improvement. To all mankind it set the first example of the progress of a great people for centuries, in blending their tumultuary democracy and haughty nobility with a fluctuating and...