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 8
... admitted by the whole tenor of the constitution . The cotemporaneous construction of the constitu- a Calder et ux . v . Bull et ux . 3 Dall . 399. Emerick v . Harris , 1 Binney , 416. 423. 6 Cranch , 87. Cooper v . Tel- fair , 4 Dall ...
... admitted by the whole tenor of the constitution . The cotemporaneous construction of the constitu- a Calder et ux . v . Bull et ux . 3 Dall . 399. Emerick v . Harris , 1 Binney , 416. 423. 6 Cranch , 87. Cooper v . Tel- fair , 4 Dall ...
Halaman 20
... admitted , that if Congress had pleased so to declare , a militia man , called into the service of the United States , might have been held and considered as being constructively in that service , though not actually so ; and might have ...
... admitted , that if Congress had pleased so to declare , a militia man , called into the service of the United States , might have been held and considered as being constructively in that service , though not actually so ; and might have ...
Halaman 21
... admitted at once , that the militia belong to the States , respectively , in which they are enrolled , and that they are subject , both in their civil and military capacities , to the jurisdiction and laws of such State , except so far ...
... admitted at once , that the militia belong to the States , respectively , in which they are enrolled , and that they are subject , both in their civil and military capacities , to the jurisdiction and laws of such State , except so far ...
Halaman 26
... admitted . The practice of the general government seems strongly to confirm this doctrine ; for at the first ses- sion of Congress which commenced after the adop- tion of the constitution , the judicial system was formed ; and the ...
... admitted . The practice of the general government seems strongly to confirm this doctrine ; for at the first ses- sion of Congress which commenced after the adop- tion of the constitution , the judicial system was formed ; and the ...
Halaman 31
... admitted , that the sentence of the Court would either oust the jurisdiction of the United States ' Court Martial , or might subject the accused to be twice tried for the same of- fence . To this I answer , that , if the jurisdiction of ...
... admitted , that the sentence of the Court would either oust the jurisdiction of the United States ' Court Martial , or might subject the accused to be twice tried for the same of- fence . To this I answer , that , if the jurisdiction of ...
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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
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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.