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according admiralty admitted appear applied armed authority award Bank bastards belonging bill called capture cargo carried cause character charge circuit court citizen civil claim claimant commission committed common congress consideration considered constitution construction crime decided decision decree defendant delivered direct district effect enemy entitled entry established evidence executive exercise exist expressed extend fact father force foreign further give given grant high seas inheritance intended issued judge judgment jurisdiction jury land law of nations legislature legitimate letter manner March marked marriage means militia mother murder nature necessary neutral object offence officers opinion original owners particular parties passed person piracy pirate plaintiff port possession present president principle prize proof prove punish question reason reference respect river rule says ship statute taken thereof tion United vessel whole
Page 43 - 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, and not in the judicial, department.
Page 104 - ... 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 147 - The District of Columbia, or the territory west of the Missouri, is not less within the United States than Maryland or Pennsylvania; and it is not less necessary, on the principles of our Constitution, that uniformity in the imposition of imposts, duties and excises should be observed in the one than the other.
Page 44 - Where there is no ambiguity in the words, there is no room for construction. 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 257 - ... ships, vessels and goods, that are or shall be taken, and to hear and determine the same ; and according to the course of Admiralty, and the law of nations...
Page 67 - Large, 113), the 8th section of which provides, " 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, murder or robbery, or any other offence, which, if committed within the body of a county, would, by the laws of the United States, be punishable with death...
Page 213 - ... care that the laws be faithfully executed. The means by which it is to be performed, the force of the nation, are in the hands of this person. Ought not this person to perform the object, although the particular mode of using the means has not been prescribed? Congress, unquestionably, may prescribe the mode, and Congress may devolve on others the whole execution of the contract ; but, till this be done, it seems the duty of the executive department to execute the contract by any means it possesses.
Page 193 - Virginia passed an act, vesting one hundred acres, part of this tract, in trustees, to be laid off in lots, some of them to be given to settlers, and others to be sold for the benefit of the proprietors. The cause depends mainly on the validity of this act.