Reports of Cases Argued and Adjudged in the Supreme Court of the United States. February Term, 1816[-January Term, 1827], Volume 12R. Donaldson, 1827 - Law reports, digests, etc |
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Page 5
... given in this case . 3. The learned counsel entered into a minute examina- tion of the facts , to show that the vessel ought to have been condemned as a piratical vessel , under the law of nations , or as having committed a piratical ...
... given in this case . 3. The learned counsel entered into a minute examina- tion of the facts , to show that the vessel ought to have been condemned as a piratical vessel , under the law of nations , or as having committed a piratical ...
Page 32
... given in evidence as conclusive proof thereof , yet that the avowry is fatally defective , because it omits to aver that the fact did exist . The argument is , that the power confided to the President is a limited power , and can be ...
... given in evidence as conclusive proof thereof , yet that the avowry is fatally defective , because it omits to aver that the fact did exist . The argument is , that the power confided to the President is a limited power , and can be ...
Page 35
... given Martial in the by either statute , that such a Court Martial as is contem- army . plated for the trial of delinquents under the 5th section of the act of 1795 , is to be composed of the same number of officers , organized in the ...
... given Martial in the by either statute , that such a Court Martial as is contem- army . plated for the trial of delinquents under the 5th section of the act of 1795 , is to be composed of the same number of officers , organized in the ...
Page 37
... given by the highest , and indeed only , military authority competent to give it . 1827 . Martin v . Mott . But it is not clear that any But it is by no means clear that the act of 1795 meant to require any approval of the sentences ...
... given by the highest , and indeed only , military authority competent to give it . 1827 . Martin v . Mott . But it is not clear that any But it is by no means clear that the act of 1795 meant to require any approval of the sentences ...
Page 47
... given by the plaintiff was inadmissi- ble , and incompetent to charge the defendants in the pre- sent action . 1st . Because , if the papers given in evidence imported any contract chargeable on the corporation through their supposed ...
... given by the plaintiff was inadmissi- ble , and incompetent to charge the defendants in the pre- sent action . 1st . Because , if the papers given in evidence imported any contract chargeable on the corporation through their supposed ...
Common terms and phrases
act of Congress action Admiralty admitted aforesaid agent alleged appear applied argument authority avowry bank bankrupt laws bill bills of attainder bond cargo cause Circuit Court claim clause common law considered constitution corporation Court Martial Court of equity creditor Crowninshield Dandridge debtor debts decision declaration decree delivered the opinion discharge District doctrine dollars duties evidence exercise existing fact favour freight given grant impairing the obligation imports insolvent laws intended judges judgment jurisdiction jury Justice land law impairing legislative legislature lien limits lottery Maryland ment neral New-York object obligation of contracts Ogden owner paid Palmyra parties pass payment person plaintiff in error port Post Master principle proceedings prohibition question record regulate remedy rule Saunders sell ship statute suit supposed sureties third military district tion tract United validity vessel writ of error
Popular passages
Page 453 - The genius and character of the whole government seem to be, that its action is to be applied to all the external concerns of the nation, and to those internal concerns which affect the states generally; but not to those which are completely within a particular state, which do not affect other states, and with which it is not necessary to interfere, for the purpose of executing some of the general powers of the government. The completely internal commerce of a state, then, may be considered as reserved...
Page 329 - Bills of attainder, ex post facto laws, and laws impairing the obligation of contracts are contrary to the first principles of the social compact, and to every principle of sound legislation.
Page 419 - To regulate commerce with foreign nations, among the several States, and with the Indian tribes.
Page 31 - In pursuance of this authority, the act of 1795 has provided, "that whenever the United States shall be invaded, or be in imminent danger of invasion from any foreign nation or Indian tribe, it shall be lawful for the President of the United States to call forth such number of the militia of the State or States most convenient to the place of danger, or scene of action, as he may judge necessary to repel such invasion...
Page 30 - We are all of opinion, that the authority to decide whether the exigency has arisen, belongs exclusively to the President, and that his decision is conclusive upon all other persons.
Page 375 - ... then this obligation to be void, or else to remain in full force and virtue of law.
Page 304 - And, in the just preservation of rights and property, it is understood and declared that no law ought ever to be made or have force in the said Territory that shall, in any manner whatever, interfere with or affect private contracts, or engagements, bona fide, and without fraud previously formed.
Page 294 - ... it is not on slight implication and vague conjecture that the Legislature is to be pronounced to have transcended its powers, and its acts to be considered void. The opposition between the Constitution and the law should be such that the judge feels a clear and strong conviction of their incompatibility with each other.
Page 281 - The Constitution of the United States declares that no State shall pass any bill of attainder, ex post facto law, or law impairing the obligation of contracts.
Page 8 - States, the same shall be adjudged and condemned to their use, and that of the captors after due process and trial in any court having admiralty jurisdiction, and which shall be holden for the district into which such captured vessel shall be brought; and the same court shall thereupon order a sale and distribution thereof accordingly, and at its discretion.