Commentaries on the Constitution of the United States: With a Preliminary Review of the Constitutional History of the Colonies and States, Before the Adoption of the Constitution, 第 1 卷
Hilliard, Gray,, 1833 - 776 頁
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adopted Amer American Revolution appointed articles of confederation assembly assent authority Belk Chalm Chalmers's Annals charter Church of England Coll colonies Comm common law compact confederation constitution construed contract convention council crown Dane's App declared deemed delegated doctrine Doug duties East Greenwich Elliot's Debates eral ernment established executive exercise expressly federal Federalist governor grant Hist Holmes's Annals Hutch independent inhabitants interpretation judicial power jurisdiction justice king lands laws of England legislative legislature liberty Marsh Massachusetts ment Museum nature New-England New-Jersey New-York North American Review objects opinion ordinances original parliament parties persons Pitk Plymouth Colony political possession president principle proprietary province ratified regulate respect Revolution Robertson's America rule senate sense sovereign sovereignty statutes Summ taxes territory thereof tion treaty trial by jury Tucker's Black Union United Virginia vote Wheat whole
第 xxvi 頁 - ... 3. The trial of all crimes, except in cases of impeachment, shall be by jury ; and such trial shall be held in the state where the said crimes shall have been committed ; but when not committed within any state, the trial shall be at such place or places as the congress may by law have directed.
第 417 頁 - A constitution, to contain an accurate detail of all the subdivisions of which its great powers will admit, and of all the means by which they may be carried into execution, would partake of the prolixity of a legal code, and could scarcely be embraced by the human mind.
第 xviii 頁 - Each House shall keep a Journal of its Proceedings, and from time to time publish the same, excepting such Parts as may in their Judgment require Secrecy ; and the Yeas and Nays of the Members of either House on any question shall, at the Desire of one fifth of those Present, be entered on the Journal.
第 xxi 頁 - ... 2. The privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion the public safety may require it. 3. No bill of attainder or ex post facto law shall be passed. 4. No capitation or other direct tax shall be laid, unless in proportion to the census or enumeration herein before directed to be taken.
第 253 頁 - It is obviously impracticable in the federal government of these States, to secure all rights of independent sovereignty to each, and yet provide for the interest and safety of all— Individuals entering into society, must give up a share of liberty to preserve the rest.
第 178 頁 - That the foundation of English liberty, and of all free government, is a right in the people to participate in their legislative council and as the English colonists are not represented, and from their local and other circumstances, cannot properly be represented in the British parliament, they are entitled to a free and exclusive power of legislation in their several provincial legislatures...
第 215 頁 - The said states hereby severally enter into a firm league of friendship with each other, for their common defence, the security of their Liberties, and their mutual and general welfare, binding themselves to assist each other, against all force offered to, or attacks made upon them, or any of them, on account of religion, sovereignty, trade, or any other pretence whatsoever.
第 xxvi 頁 - Treason against the United States shall consist only in levying war against them or in adhering to their enemies, giving them aid and comfort. No person shall be convicted of treason, unless on the testimony of two witnesses to the same overt act, or on confession in open court.
第 292 頁 - Society is indeed a contract. Subordinate contracts for objects of mere occasional interest may be dissolved at pleasure ; but the state ought not to be considered as nothing better than a partnership agreement in a trade of pepper and coffee, calico or tobacco, or some other such low concern, to be taken up for a little temporary interest, and to be dissolved by the fancy of the parties.
第 330 頁 - The government of the Union, then (whatever may be the influence of this fact on the case), is, emphatically and truly, a government of the people. In form, and in substance, it emanates from them. Its powers are granted by them, and are to be exercised directly on them, and for their benefit.