 | E. Fitch Smith - 1848 - 1004 pages
...effect by the sovereign power of the parties to the instrument, where either of the parties engage to perform a particular act, the treaty addresses itself to the political power of the state, and it must be executed through the legislative department of the government. §... | |
 | Alexander Mansfield Burrill - 1851 - 570 pages
...the legislature, whenever it operates of itself, without the aid of any legislative provision. But when the terms of the stipulation import a contract,...contract before it can become a rule for the court. Id. ibid. TRA TRE TREBLE COSTS. In practice. A rate of costs given in certain actions, consisting,... | |
 | United States. Supreme Court, Benjamin Robbins Curtis - 1864 - 536 pages
...of the legislature, whenever it operates of itself without the aid of any legislative provision. But when the terms of the stipulation import a contract,...contract before it can become a rule for the court. ~^ *£•>• The article under consideration does not declare that all the grants made by bis Catholic... | |
 | Henry Wheaton, William Beach Lawrence - 1855 - 942 pages
...to an act of the legislature, whenever it operates of itself, without any legislative provision. But when the terms of the stipulation import a contract,...contract before it can become a rule for the court, Peters's Rep. vol. ii. p. 314. Foster et al. r. Neilson. Ibid. vol. vi. p. 735. United States r. Arredondo.... | |
 | Henry Wheaton, William Beach Lawrence - 1855 - 938 pages
...without any legislative provision. But when the terms of the stipulation import a contract, when cither of the parties engages to perform a particular act,...contract before it can become a rule for the court. Peters's Rep. vol. ii. p. 314. Foster et al. t>. Neilson. Ibid. vol. vi. p. 735. United States r. Arredondo.... | |
 | Benjamin Robbins Curtis, United States. Circuit Court (1st Circuit) - 1857 - 724 pages
...th« legislature, whenever it operates of itself, without the aid of any legislative provision. But when the terms of the stipulation import a contract,...act, the treaty addresses itself to the political not to the judicial department, and the legislature must execute 'the contract before it can become a rule... | |
 | Theodore Sedgwick - 1857 - 774 pages
...contract, and not a legislative act ; in cases of this kind it addresses itself to the political, not to the judicial department ; and the legislature must...contract before it can become a rule for the court. f But there are many other cases where the treaty is to be regarded not as a contract but as a rule... | |
 | Theodore Sedgwick - 1857 - 770 pages
...contract, and not a legislative act ; in cases of this kind it addresses itself to the political, not to the judicial department ; and the legislature must...execute the contract before it can become a rule for the court.f But there are many other cases where the treaty is to be regarded not as a contract but as... | |
 | United States. Congress. Senate - 1858 - 868 pages
...the legislature, whenever it operates of itself without the aid of any legislative pro vision. But when the terms of the stipulation import a contract,...contract before it can become a rule for the court." — (Foster vs. Neilson, 2 Peters, 314.) Congress has in this case, in the exercise of its exclusive... | |
 | United States. Court of Claims - 1858 - 1096 pages
...of the legislature, whenever it operates of itself without the aid of any legislative provision. But when the terms of the stipulation import a contract,...contract before it can become a rule for the court." — (Foster vs. Neilson, 2 Peters, 314.) Congress has in this case, in the exercise of its exclusive... | |
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Our constitution declares a treaty to be the law of the land. It is, consequently, to be regarded in courts of justice as equivalent to an act of the legislature, whenever it operates of itself without the aid of any legislative provision. But when the... 
