| United States - 1916 - 1266 Seiten
...suspension of intercourse between the United States and France, Chief Justice Marshall said that " an act of Congress ought never to be construed to...construction remains, and consequently can never be con40. US i'. Coombs, 12 Pet. 76, 9 US (L. ed.) 1004. To the same effect Union Рас. R. Co. с. Laramie... | |
| 1917 - 568 Seiten
...pp. 357, 366. .Marshall, in the case of the Charming Betsy1 (1804) said : "It has been observed that an act of Congress ought never to be construed to violate the law of nations if any other pctfc-ible construction remains, and consequently can never be construed to violate neutral rights,... | |
| 1916 - 1014 Seiten
...is explained by the preceding statement of the Chief Justice, in the same sentence, that such an Act ought never to be construed to violate the law of...nations "if any other possible construction remains." In regard to a British Order in Council affecting the rules of decision in prize cases, the author... | |
| James Brown Scott - 1917 - 536 Seiten
...manifested by express words, or a very plain and necessary implication. It has also been observed that an act of Congress ought never to be construed to...the law of nations as understood in this country. These principles are believed to be correct, and they ought to be kept in view, in construing the act... | |
| James Brown Scott - 1917 - 118 Seiten
...in 1804, Chief Justice Marshall said: It has also been observed, that an act of Congress ought never be construed to violate the law of nations, if any...the law of nations as understood in this country. 1 The presumption is either that the law is not inconsistent with the rule of international law, or... | |
| 1963 - 812 Seiten
...the laws of the flag state. The Court cited an opinion by Chief Justice John Marshall, stating that "an act of Congress ought never to be construed to violate the law of nations if any other construction remains . . . ."e It stated that the LMRA should not be extended to this delicate area... | |
| Frederick Edwin Smith Earl of Birkenhead - 1918 - 464 Seiten
...recognised for more than a century. In 1804 Marshall, CJ, declared that ' an Act of Congress should never be construed to violate the law of nations if any other possible construction remains;' 1 and a few years later (1815), he held that the law of nations constituted ' part of the law of the... | |
| James Brown Scott - 1920 - 638 Seiten
...Commentaries on the Laws of England, Book IV, 1769, ch. 5, pP. 66-67.) It has also been observed, that an act of congress ought never to be construed to...the law of nations as understood in this country. These principles are believed to be correct, and they ought to be kept in view, in construing the act... | |
| 1921 - 546 Seiten
...republican form of government it guaranteed to the American people. Chief Justice Marshall observes: "an Act of Congress ought never to be construed to...the law of nations as understood in this country." *5 The peculiar value of this principle rests in a certain preference enjoined upon the courts of the... | |
| 1921 - 824 Seiten
...Justice Addison Brown). Marshall indicates the limitation upon the power of Congress, when he says: "An Act of Congress ought never to be construed to...the law of nations as understood in this country: "The Charming Betsy."1* Duponceau observes of the competency of the Federal Courts — arising from... | |
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