Reports of Cases Argued and Adjudged in the Supreme Court of the United States, Volume 5 ;Volume 18Published for John Conrad and Company, 1820 |
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Page 42
... principle , be so construed as to answer the end proposed ? The words are , " That Courts Martial for the trial of militia , drafted , de- tached and called forth for the service of the United States , shall be appointed , " & c . But ...
... principle , be so construed as to answer the end proposed ? The words are , " That Courts Martial for the trial of militia , drafted , de- tached and called forth for the service of the United States , shall be appointed , " & c . But ...
Page 43
... principle , that it must be a drafting , detaching , and calling forth under laws of the United States . If we can find a sensible and consistent exposition , we are bound to adopt it as the only one intended . I have no doubt , that ...
... principle , that it must be a drafting , detaching , and calling forth under laws of the United States . If we can find a sensible and consistent exposition , we are bound to adopt it as the only one intended . I have no doubt , that ...
Page 49
... principles of general reasoning . There is this reserve , however , that in cases of concurrent authority , where the laws of the States and of the Union are in direct and ma- nifest collision on the same subject , those of the Union ...
... principles of general reasoning . There is this reserve , however , that in cases of concurrent authority , where the laws of the States and of the Union are in direct and ma- nifest collision on the same subject , those of the Union ...
Page 50
... principles by which my judg- ment is guided in every investigation on constitu- tional points . I do not know that they have ever been seriously doubted . They commend themselves by their intrinsic equity , and have been amply justi ...
... principles by which my judg- ment is guided in every investigation on constitu- tional points . I do not know that they have ever been seriously doubted . They commend themselves by their intrinsic equity , and have been amply justi ...
Page 69
... principle too in the policy , if not the customary law of nations , that no nation is bound to enforce the penal laws of another within its own dominions . The authority naturally belongs , and . is confided , to the tribunals of the ...
... principle too in the policy , if not the customary law of nations , that no nation is bound to enforce the penal laws of another within its own dominions . The authority naturally belongs , and . is confided , to the tribunals of the ...
Autres éditions - Tout afficher
Reports of Cases Argued and Adjudged in the Supreme ..., Volume 8 ;Volume 12 United States. Supreme Court Affichage du livre entier - 1816 |
Reports of Cases Argued and Adjudged in the Supreme Court of the ..., Volume 15 United States. Supreme Court Affichage du livre entier - 1855 |
Reports of Cases Argued and Adjudged in the Supreme ..., Volume 2 ;Volume 27 United States. Supreme Court Affichage du livre entier - 1851 |
Expressions et termes fréquents
8th section act of Congress adjudged admitted aforesaid appear appellants authority autres award Bank bastards belonging bill capture cargo cause Circuit Court citizen civil law claim claimant commission committed common law constitution contended counsel Court Martial crew crime of piracy decided decision declared decree defendant delivered Dennison district enemy entitled entry evidence fact fait father foreign Fuero Real grant guerre high seas indictment inheritance Josefa Segunda judge judgment jurisdiction jury La Amistad land law of nations legislature legitimate letters of marque London Packet Majesté Mandeville marchandises marriage ment militia mother murder navires neutral neutres offence officers opinion owners Pandects parties person piracy pirate plaintiff port principle prise prisoners prize proof prove punish qu'ils question racter river robbery sera seront ship or vessel Spain statute Stevenson's Heirs Sullivant thereof Thomas Nash tion United vaisseau Virginia void Welch
Fréquemment cités
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 95 - It is a modification of the ancient maxim, and amounts to this: that, though penal laws are to be construed strictly, they are not to be construed so strictly as to defeat the obvious intention of the legislature.
Page 96 - To determine that a case is within the intention of a statute its language must authorize us to say so. It would be dangerous, indeed, to carry the principle that a case which is within the reason or mischief of a statute is within its provisions, so far as to punish a crime not enumerated in the statute because it is of equal atrocity, or of a kindred character with those which are enumerated.
Page 379 - When a great river is the boundary between two nations or states, if the original property is in neither, and there be no convention respecting it, each holds to the middle of the stream. But when, as in this case, one State is the original proprietor, and grants the territory on one side only, it retains the river within its own domain, and the newly created State extends to the river only.
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 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 328 - 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...
Page 18 - But the extension of the judicial power of the United States to all cases of admiralty and maritime jurisdiction must necessarily be understood with some limitation.