Report of the ... Annual Meeting of the American Bar Association, Volume 6

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Page 58 - The judiciary, on the contrary, has no influence over either the sword or the purse; no direction either of the strength or of the wealth of the society, and can take no active resolution whatever. It may truly be said to have neither FORCE nor WILL but merely judgment; and must ultimately depend upon the aid of the executive arm even for the efficacy of its judgments.
Page 21 - The common law of England, so far as it is not repugnant to or inconsistent with the Constitution of the United States, or the Constitution or laws of the state of California, shall be the rule of decision in all the courts of this state.
Page 168 - ... custody in violation of the Constitution or a law or treaty of the United States...
Page 188 - States, of all suits of a civil nature, at common law or in equity, where the matter in dispute exceeds, exclusive of costs, the sum or value of five hundred dollars, and arising under the Constitution or laws of the United States...
Page 62 - My construction of the constitution is very different from that you quote. It is that each department is truly independent of the others, and has an equal right to decide for itself what is the meaning of the constitution in the cases submitted to its action ; and especially, where it is to act ultimately and without appeal.
Page 136 - That religion, or the duty which we owe to our Creator, and the manner of discharging it, can be directed only by reason and conviction, not by force or violence, and therefore all men are equally entitled to the free exercise of religion, according to the dictates of conscience, and that it is the mutual duty of all to practice Christian forbearance, love, and charity towards each other.
Page 90 - Prevent the long-aimed blow, And crush the tyrant while they rend the chain : These constitute a State, And sovereign Law, that State's collected will, O'er thrones and globes elate Sits empress, crowning good, repressing ill...
Page 113 - The writ of habeas corpus shall in no case extend to a prisoner in jail, unless where he is in custody under or by color of the authority of the United States...
Page 137 - ... all men are equally entitled to the full and free exercise of it according to the dictates of conscience, and therefore that no man or class of men ought, on account of religion, to be invested with peculiar emoluments or privileges, nor subjected to any penalties or disabilities, unless, under color of religion, the preservation of equal liberty and the existence of the State be manifestly endangered.
Page 181 - Provided, that the appeal must be taken within thirty days from the entry of such order or decree, and it shall take precedence in the appellate court ; and the proceedings In other respects in the court below shall not be stayed, unless otherwise ordered by that court, or by the appellate court or a Judge thereof, during the pendency of such appeal...

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