Essays on Law Reform, Commercial Policy, Banks, Penitentiaries, Etc: In Great Britain and the United States of America

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Page 27 - ... disgraced the English as well as other courts of justice), owe their original not to the common law itself, but to innovations that have been made in it by acts of parliament, " overladen (as Sir Edward Coke expresses it) (/) with provisoes and additions, and many times on a sudden penned or corrected by men of none or very little judgment in law.
Page 34 - Es erben sich Gesetz' und Rechte, Wie eine ew'ge Krankheit, fort, Sie schleppen von Geschlecht sich zum Geschlechte, Und rücken sacht von Ort zu Ort. Vernunft wird Unsinn, Wohlthat Plage ; Weh dir, daß du ein Enkel bist! Vom Rechte, das mit uns geboren ist, Von dem ist leider! nie die Frage.
Page 21 - Consuetudinis ususque longaevi non vilis auctoritas est, verum non usque adeo sui valitura momento, ut aut rationem vincat aut legem ". 2 " Legum autem Romanorum non est vilis auctoritas, sed non adeo vim suam extendunt, ut usum vincant aut mores.
Page 183 - The power to make any thing but gold and silver a tender in payment of debts, is withdrawn from the states, on the same principle with that of issuing a paper currency.
Page 30 - ... the Roman law, and the most refined and equitable distinctions are established and vindicated. Trusts are settled and pursued through all their numerous modifications and complicated details, in the most rational and equitable manner. So, the rights and duties flowing from personal contracts, express and implied, and under the infinite variety of shapes which they assume in the business and commerce of life, are defined and illustrated with a clearness and brevity without example.
Page 182 - State shall coin money, emit bills of credit, or make any thing but gold and silver coin a tender in payment of debts.
Page 182 - ... that it was the intention of the framers of the constitution, that gold and silver alone should constitute the legal currency.
Page 27 - For, to say the truth, almost all the perplexed questions, almost all the niceties, intricacies, and delays (which have sometimes disgraced the English, as well as other courts of justice) owe their original not to the common law itself, but to innovations that have been made in it by acts of parliament, 'overladen (as Sir Edward Coke expresses it) with provisoes and additions, and many times on a sudden penned or corrected by men of none or very little judgment in law'.
Page 162 - He has never been properly appreciated; but year by year the character of that statesman upon this subject will be appreciated. By the Act of 1819, Sir Robert Peel placed the monetary system of this country upon an honest foundation, and he was exposed to great obloquy for having so done. By the Act of 18-14 he has obtained ample and efficient security that that honest foundation of our monetary system shall be effectually and permanently maintained...
Page 18 - Municipal law, thus understood, is properly defined to be a 'rule of civil conduct prescribed by the supreme power in a state, commanding what is right and prohibiting what is wrong.

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