Reports of Cases Argued and Adjudged in the Supreme Court of the United States. February Term, 1816[-January Term, 1827], Band 5R. Donaldson, 1820 |
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Seite 18
... opinion , that a fair construction of the different militia laws of the United States , will lead to a conclusion , that something more than or- ganizing 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 or- ganizing and equipping a detachment , and ordering it into service , was considered as ...
Seite 27
... opinion of Congress , this necessary in order to authorize the concurrent jurisdiction by the State Courts over those offences ; and there can be very little doubt but that this opinion was well founded . The judiciary act had vested in ...
... opinion of Congress , this necessary in order to authorize the concurrent jurisdiction by the State Courts over those offences ; and there can be very little doubt but that this opinion was well founded . The judiciary act had vested in ...
Seite 32
... opinion , that the law in question is unconstitutional , and that the judgment below ought to be reversed . The other judges are of opinion , that the judg- ment ought to be affirmed ; but they do not concur in all respects in the ...
... opinion , that the law in question is unconstitutional , and that the judgment below ought to be reversed . The other judges are of opinion , that the judg- ment ought to be affirmed ; but they do not concur in all respects in the ...
Seite 33
... opinion of others , I will pro- ceed to make some remarks on the questions which have been raised in the argument . Why may not the same offence be made punisha- ble both under the laws of the States , and of the United States ? Every ...
... opinion of others , I will pro- ceed to make some remarks on the questions which have been raised in the argument . Why may not the same offence be made punisha- ble both under the laws of the States , and of the United States ? Every ...
Seite 44
... opinion , exists this obvious con- sideration . The calling forth authorized by that act is to be expressed by an order from the President . It is disobedience to such an order alone that is made punishable by that act . Now , though it ...
... opinion , exists this obvious con- sideration . The calling forth authorized by that act is to be expressed by an order from the President . It is disobedience to such an order alone that is made punishable by that act . Now , though it ...
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Häufige Begriffe und Wortgruppen
8th section act of Congress adjudged admitted aforesaid appear authority award bastards bill Board of Admiralty called capture cargo cause Circuit Court citizen civil law claim claimant commander commission committed common law condemnation constitution contended counsel Court Martial Court of Admiralty creek crew decision declared decree defendant delivered district enemy entitled entry evidence exercise fact fait father foreign Fuero Real grant high seas Houston indictment inheritance Josefa Segunda judge judgment jurisdiction jury land law of nations legislature legitimate letters of marque marchandises marriage ment militia Moore mother murder navires neutral offence officers opinion owners parties piracy pirate plaintiff plaintiff in error port possession 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
Beliebte Passagen
Seite 93 - 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.
Seite 416 - 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...
Seite 24 - And shall have exclusive cognizance of all crimes and offences cognizable under the authority of the United States...
Seite 74 - 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.
Seite 94 - 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.
Seite 113 - ... 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...
Seite 94 - 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.
Seite 224 - ... 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...
Seite 322 - 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...
Seite 55 - That the militia, when called into the actual service of the United States, shall be subject to the same Rules and Articles of War as the regular troops of the United States.