Reports of Cases Argued and Adjudged in the Supreme Court of the United States, Volume 5; Volume 18Published for John Conrad and Company, 1820 - Law reports, digests, etc |
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Page 48
... legitimate authority ; nor ought any power to be sought , much less to be adjudged , in favour of the United States , unless it be clearly within the reach of its constitutional charter . Sitting here , we are not at liberty to add one ...
... legitimate authority ; nor ought any power to be sought , much less to be adjudged , in favour of the United States , unless it be clearly within the reach of its constitutional charter . Sitting here , we are not at liberty to add one ...
Page 52
... legitimacy of such an exercise of autho- rity . It does not seem repugnant in its nature to the grant of a like paramount authority to Congress ; and if not , then it is retained by the States . The fifth amendment to the constitution ...
... legitimacy of such an exercise of autho- rity . It does not seem repugnant in its nature to the grant of a like paramount authority to Congress ; and if not , then it is retained by the States . The fifth amendment to the constitution ...
Page 60
... legitimate authority of Congress . In the construc- tion , however , of this act , the parties are at variance . The plaintiff contends , that from the time of the calling forth of the militia by the President , it is to be considered ...
... legitimate authority of Congress . In the construc- tion , however , of this act , the parties are at variance . The plaintiff contends , that from the time of the calling forth of the militia by the President , it is to be considered ...
Page 71
... legitimate authority , it has committed an unintentional error , which it will be the first to repair , and the last to vindicate . Our duty compels us , however , to compare the legislation , and not the intention , with the standard ...
... legitimate authority , it has committed an unintentional error , which it will be the first to repair , and the last to vindicate . Our duty compels us , however , to compare the legislation , and not the intention , with the standard ...
Page 74
... authority also , and thus be within the a See White v . Commonwealth , 4 Binn . Rep . 418. Living- ston v . Van Ingen , 9 Johns . Rep . 507. 567 . legitimate reach of State legislation , in the absence of 74 CASES IN THE SUPREME COURT.
... authority also , and thus be within the a See White v . Commonwealth , 4 Binn . Rep . 418. Living- ston v . Van Ingen , 9 Johns . Rep . 507. 567 . legitimate reach of State legislation , in the absence of 74 CASES IN THE SUPREME COURT.
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Common terms and phrases
8th section act of Congress adjudged admitted aforesaid appear authority award Bank bastards belonging bill Board of Admiralty called capture cargo cause Circuit Court citizen civil law claim claimant commission committed common law constitution contended counsel Court Martial Court of Admiralty crew decision declared decree defendant delivered district enemy entitled entry evidence fait father foreign Fuero Real grant high seas Houston indictment inheritance intended Josefa Segunda judge judgment jurisdiction jury Justice land law of nations legislature legitimate letters of marque London Packet marchandises marriage ment militia Moore mother murder navires neutral offence officers opinion owners parties piracy pirate plaintiff plaintiff in error port President principle prise prisoners prize proof prove punish qu'ils question racter respect river robbery seront ship or vessel statute Stevenson's Heirs Sullivant thereof Thomas Nash tion United vaisseau void Wiltberger
Popular passages
Page 95 - The rule that penal laws are to be construed strictly is perhaps not much less old than construction itself. It is founded on the tenderness of the law for the rights of individuals ; and on the plain principle that the power of punishment is vested in the legislative, not in the judicial, department. It is the legislature, not the Court, which is to define a crime and ordain its punishment.
Page 26 - And shall have exclusive cognizance of all crimes and offences cognizable under the authority of the United States...
Page 422 - Constitution, the United States in Congress assembled should fix a day on which electors should be appointed by the States which shall have ratified the same, and a day on which the electors should assemble to vote for the President, and the time and place for commencing proceedings under this Constitution...
Page 115 - ... exclusive original cognizance of all civil causes of admiralty and maritime jurisdiction, including all seizures under laws of impost, navigation or trade of the United States, where the seizures are made, on waters which are navigable from the sea by vessels of ten or more tons burthen...
Page 226 - ... children and heirs" just referred to. By an act of the congress of Texas, passed January 28, 1840, it was provided as follows: "In making title to land by descent it shall be no bar to a party that any ancestor through whom he derives his descent from the intestate is or hath been an alien...
Page 78 - Whoever, owing allegiance to the United States, levies war against them, or adheres to their enemies, giving them aid and comfort within the United States or elsewhere, is guilty of treason.
Page 99 - that if any person or persons shall commit, upon the high seas, or in any river, haven, basin, or bay, out of the jurisdiction of any particular state...
Page 13 - ... if any seaman shall lay violent hands upon his commander, thereby to hinder and prevent his fighting in defence of his ship or goods committed to his trust, or shall make a revolt in the ship ; every such offender shall be deemed, taken and adjudged to be a pirate and felon, and being thereof convicted, shall suffer death...
Page 96 - The case must be a strong one, indeed, which would justify a court in departing from the plain meaning of words, especially in a penal act, in search of an intention which the words themselves did not suggest.
Page 79 - ... the trial of crimes committed on the high seas, or in any place out of the jurisdiction of any particular state, shall be in the district where the offender is apprehended, or into which he may first be brought.