The American Jurist, Volume 3

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Freeman & Bolles, 1830 - Law
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Page 402 - There shall be neither slavery nor involuntary servitude in the said territory, otherwise than in the punishment of crimes, whereof the party shall have been duly convicted : Provided always, That any person escaping into the same, from whom labor or service is lawfully claimed in any one of the original States, such fugitive may be lawfully reclaimed, and conveyed to the person claiming his or her labor or service as aforesaid.
Page 337 - And let us with caution indulge the supposition that morality can be maintained without religion. Whatever may be conceded to the influence of refined education on minds of peculiar structure, reason and experience both forbid us to expect that national morality can prevail in exclusion of religious principle.
Page 130 - State in which the action is brought permits the assignee of a chose in action to sue in his own name.
Page 105 - The common law of England is not to be taken in all respects to be that of America. Our ancestors brought with them its general principles, and claimed it as their birthright ; but they brought with them and adopted only that portion which was applicable to their situation.
Page 401 - ... or arrested, doth, under the laws of the state or territory from which he or she fled, owe service or labour to the person claiming him or her. it shall be the duty of such judge or magistrate to give a certificate thereof to such claimant, his agent or attorney, which shall be sufficient warrant for removing the said fugitive from labour to the state or territory from which he or she fled.
Page 9 - ... justly a party may be responsible for his acts arising from it to Almighty God, human tribunals are generally restricted from punishing them, since they are not the acts of a reasonable being. Had the crime been committed while Drew was in a fit of intoxication, he would have been liable to be convicted of murder.
Page 133 - ... unless such suit might have been prosecuted in such Court to recover the said contents if no assignment or transfer had been made...
Page 135 - His Catholic Majesty cedes to the United States, in full property and sovereignty, all the territories which belong to him, situated to the eastward of the Mississippi, known by the name of East and West Florida.
Page 408 - For honour travels in a strait so narrow, Where one but goes abreast ; keep, then, the path ; For Emulation hath a thousand sons That one by one pursue ; if you give way, Or hedge aside from the direct forthright, Like to an enter'd tide, they all rush by, And leave you hindmost. Or like a gallant horse, fallen in first rank, Lie there for pavement to the abject rear, O'er-run and trampled on...
Page 113 - I take it, that twenty years' exclusive enjoyment of the water, in any particular manner, affords a conclusive presumption of right in the party so enjoying it, derived from grant or act of parliament.

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