Reports of Cases Argued and Adjudged in the Supreme Court of the United States. February Term, 1816[-January Term, 1827], Volume 5R. Donaldson, 1820 |
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Halaman 6
... Court . " Is it possible that Congress meant to give power to a State Court , without naming the Court , or granting the power in express terms ? The exercise of this jurisdiction by a State Court Martial would either oust the Uni- ted ...
... Court . " Is it possible that Congress meant to give power to a State Court , without naming the Court , or granting the power in express terms ? The exercise of this jurisdiction by a State Court Martial would either oust the Uni- ted ...
Halaman 7
... Courts and State officers ; that this was contempla- ted by the framers of the constitution ; that the Governor of Pennsylvania , by whom the Court Martial , in the present case , was summoned , is the commander in chief of the militia ...
... Courts and State officers ; that this was contempla- ted by the framers of the constitution ; that the Governor of Pennsylvania , by whom the Court Martial , in the present case , was summoned , is the commander in chief of the militia ...
Halaman 13
... Court Martial , and to be imprisoned , by a like sentence , on failure of pay- ment . The Courts Martial for the trial of militia , are to be composed of militia officers only , and the fines to be certified by the presiding officer of ...
... Court Martial , and to be imprisoned , by a like sentence , on failure of pay- ment . The Courts Martial for the trial of militia , are to be composed of militia officers only , and the fines to be certified by the presiding officer of ...
Halaman 14
... Court ; the time of service , and other matters not so material to the pre- sent inquiry . The only remaining act of Congress which it will be necessary to notice in this general summary of the laws , is that of the 8th of May , 1792 ...
... Court ; the time of service , and other matters not so material to the pre- sent inquiry . The only remaining act of Congress which it will be necessary to notice in this general summary of the laws , is that of the 8th of May , 1792 ...
Halaman 16
... courts , is detailed with all ne- cessary perspicuity . If I am not mistaken in this view of the subject , the way is now open for the examination of the great question in the cause . Is it competent to a Court Martial , deriving its ...
... courts , is detailed with all ne- cessary perspicuity . If I am not mistaken in this view of the subject , the way is now open for the examination of the great question in the cause . Is it competent to a Court Martial , deriving its ...
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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
Bagian yang populer
Halaman 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.
Halaman 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...
Halaman 24 - And shall have exclusive cognizance of all crimes and offences cognizable under the authority of the United States...
Halaman 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.
Halaman 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.
Halaman 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...
Halaman 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.
Halaman 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...
Halaman 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...
Halaman 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.