Reports of Cases Argued and Adjudged in the Supreme Court of the United States, Volume 18Banks Law Publishing, 1904 |
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Page 2
... opinion of Judge Franklin will be found in the pamphlet report of that case , p . 19. It appears by the report in 3 Wheat . 433 , that the decision of the common pleas was , in the first instance , reversed by the supreme court of the ...
... opinion of Judge Franklin will be found in the pamphlet report of that case , p . 19. It appears by the report in 3 Wheat . 433 , that the decision of the common pleas was , in the first instance , reversed by the supreme court of the ...
Page 9
... opinion , that a fair construction of the different militia laws of the United States , will lead to a conclusion , that something more than organizing and equipping a detachment , and ordering it into service , was considered as ...
... opinion , that a fair construction of the different militia laws of the United States , will lead to a conclusion , that something more than organizing and equipping a detachment , and ordering it into service , was considered as ...
Page 12
... opinion of congress , this saving was necessary , in order to authorize the exercise of concurrent jurisdiction by the state courts over those offences ; and there can be very little doubt , but that this opinion was well founded . The ...
... opinion of congress , this saving was necessary , in order to authorize the exercise of concurrent jurisdiction by the state courts over those offences ; and there can be very little doubt , but that this opinion was well founded . The ...
Page 15
... opinion , after the most laborious exam- [ * 32 ination of this delicate question , that the state court - martial ... opinion , that the law in question is unconstitu- tional , and that the judgment below ought to be reversed . The ...
... opinion , after the most laborious exam- [ * 32 ination of this delicate question , that the state court - martial ... opinion , that the law in question is unconstitu- tional , and that the judgment below ought to be reversed . The ...
Page 20
... opinion , was the calling forth such as was in the con- templation of that act . In addition to the reasons already given for this opinion , exists this obvious consideration . The calling forth authorized by that act is to be expressed ...
... opinion , was the calling forth such as was in the con- templation of that act . In addition to the reasons already given for this opinion , exists this obvious consideration . The calling forth authorized by that act is to be expressed ...
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Common terms and phrases
8th section act of congress adjudged admitted aforesaid appear authority autres award bastards belonging bill board of admiralty called capture cargo cause circuit court citizen civil law claim claimant cognisance commission committed common law condemnation constitution contended counsel court of admiralty court-martial crew crime of piracy decision declared decree defendant delivered district enemy entitled entry evidence executive exercise fact fait father foreign grant high seas Hugh Stevenson Ibid indictment inheritance intended Josefa Segunda judge judgment jurisdiction jury land law of nations legislature legitimate letters of marque London Packet marchandises marriage militia mother murder navires neutral offence officers opinion owners parties piracy pirate plaintiff plaintiff in error port possession president principle prise prisoners Prize Law proof punish qu'ils question respect river robbery sera seront ship or vessel statute thereof Thomas Nash tion United vaisseau void
Popular passages
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 255 - KNOW all Men by these Presents, That we, are held and firmly bound unto our...
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.
Page 151 - Smith, cashier of the office of discount and deposit of the Bank of the United States at Washington, to be paid in liquidation of a balance due from the said Mechanics...