A Dissertation On the Nature And Extent of the Jurisdiction of the Courts of the
A Dissertation On the Nature And Extent of the Jurisdiction of the Courts of the
Peter Stephen Du Ponceau
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Ray. 1447, a case of thai kind, brought from the Island of Barbadoes. In the same case it is stated that the rule was, that the party appealing must procure the proceedings to be transmitted, and proceed, within a year after the appeal allowed in the. Plantations : and the appeal in that case was dismiss, d under this rule. In Pennsylvania, (which was a pro- prietary government) no such appellate jurisdiction was entertained by the Governor and council before the revolution. II Of the period du...ring which the national au- thority tras exercitted by Congress. As a necessary consequence of the revolution, the judicial power of the crown in the then colonies, as well as all its other authority, ceased; and from the commencement of the war in April 1775, Con- gross with the approbation of the colonies ami peo- ple, and from the emergency of the crisis, exercised the sovereign authority of the country, so far as related to war and peace. They raised armies and navies, and directed military operations, emitted bills of credit, made treaties, and received and sent ambassadors ; commissioned privateers, prescribed the objects of capture, and made rules for the dis- tribution of prizes.
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