Secret Journals of the Acts And Proceedings of Congress From the First Meeting
Secret Journals of the Acts And Proceedings of Congress From the First Meeting
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[Oct, tion to Congress ; and although it suspends jnd^menls for interest, yet it does it impartially, and not only in cases where British creditors are plaintiffs, but also where they are defendants. It also provides, that if Congress should decide in favour of interest, then judg- ment and execution shall be given accordingly.
Your secretary is nevertheless of opinion that this resolution was an infraction of the said fourth article : Because 5/a/e legislatures having no cognizance of question...s respecting the construction of treaties, can with no propriety suspend their operation on account of any fears or apprehensions which they may enter- tain of and concerning such questions : Because, as it appertained to the courts of judica- ture to decide such questions, the legislature ought not to have restrained those courts from rendering such judgments as to them appeared consistent with the treaty and the law. For by restraining the courts from giving judgment for interest in cases where they would have given such judgment, unless so restrained, the legislature did certainly interpose a lazoful impedi- ment to the plaintiff's recovering what the courts were ready to adjudge to be his right under that article of the treaty ; and their so doing was therefore a violation of it.
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You can find similar books in the "Read Also" column, or choose other free books by United States. Continental Congress to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
[Oct, tion to Congress ; and although it suspends jnd^menls for interest, yet it does it impartially, and not only in cases where British creditors are plaintiffs, but also where they are defendants. It also provides, that if Congress should decide in favour of interest, then judg- ment and execution shall be given accordingly.
Your secretary is nevertheless of opinion that this resolution was an infraction of the said fourth article : Because 5/a/e legislatures having no cognizance of question...s respecting the construction of treaties, can with no propriety suspend their operation on account of any fears or apprehensions which they may enter- tain of and concerning such questions : Because, as it appertained to the courts of judica- ture to decide such questions, the legislature ought not to have restrained those courts from rendering such judgments as to them appeared consistent with the treaty and the law. For by restraining the courts from giving judgment for interest in cases where they would have given such judgment, unless so restrained, the legislature did certainly interpose a lazoful impedi- ment to the plaintiff's recovering what the courts were ready to adjudge to be his right under that article of the treaty ; and their so doing was therefore a violation of it.
What to read after Secret Journals of the Acts And Proceedings of Congress From the First Meeting?
You can find similar books in the "Read Also" column, or choose other free books by United States. Continental Congress to read onlineMoreLess
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