Reports of Cases Ruled and Adjudged in the Several Courts of the United States, and of Pennsylvania: Held at the Seat of the Federal Government, Volume 3reporter at the Aurora Office, 1799 |
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Common terms and phrases
Admiralty affigned aforesaid alſo anſwer appear authority becauſe bill cafe capture cargo caſe cauſe Circuit Court citizen commiffion commiſſion common law confideration confidered confiſcation Congreſs conſequence Conſtitution conſtruction contract coſts counſel courſe creditor damages debtor debts decifion declaration decree Defendant in error diſcharge District Court eſtabliſhed eſtate exerciſe exiſted expreſs expreſsly fact faid fame firſt French French Republic fuch fuit inſtance intereſt iſſue Iſt itſelf Judge judgment judicial jurisdiction jury Justice land laſt law of nations Legislature libel muſt neceſſary obſerved opinion party paſſed payment perſons Plaintiff in error plea premiſes preſent prize proviſion purpoſe queſtion reaſon reſolution reſpect ſaid ſame ſay ſeas ſection ſecurity ſervice ſet ſeveral ſhall ſhe ſhew ſhip ſhould ſome ſpecial ſtate ſtatute ſtill ſubject ſuch ſufficient ſuit ſum ſupport ſurvey theſe thoſe tion treaty United uſe verfus veſſel veſted Virginia warrant whoſe writ of error
Popular passages
Page 397 - If any act of congress or of the legislature of a state violates those constitutional provisions, it is unquestionably void; though, I admit, that as the authority to declare it void is of a delicate and awful nature, the court will never resort to that authority but in a clear and urgent case.
Page 286 - ... of the treaty of amity and commerce between the United States and Mexico of the 5th of April, 1831; the said documents to be specified when demanded at the instance of the said commissioners.
Page 62 - That all matters respecting appeals in cases of capture, now depending before Congress, or the commissioners of appeals, consisting of members of Congress, be referred to the newly erected Court of Appeals, to be there adjudged and determined according to law...
Page 386 - The legislature may enjoin, permit, forbid and punish; they may declare new crimes, and establish rules of conduct for all its citizens in future cases; they may command what is right, and prohibit what is wrong; but they cannot change innocence into guilt, or punish innocence as a crime; or violate the right of an antecedent lawful private contract; or the right of private property. To maintain that our federal or state legislature possesses such powers, if they had not been expressly restrained,...
Page 397 - Parliament, which should authorize a man to try his own cause, explicitly adds, that even in that case, "there is no court that has power to defeat the intent of the Legislature, when couched in such evident and express words, as leave no doubt whether it was the intent of the Legislature, or no.
Page 341 - States, in the same manner and under the same regulations; and the writ shall have the same effect, as if the judgment or decree complained of, had been rendered or passed in a...
Page 453 - Seisin is a technical term denoting the completion of that investiture by which the tenant was admitted into the tenure, and without which no freehold could be constituted or pass.
Page 252 - ... his Britannic Majesty shall, with all convenient speed, and without causing any destruction, or carrying away any negroes or other property of the American inhabitants...
Page 386 - There are certain vital principles in our free republican governments, which will determine and overrule an apparent and flagrant abuse of legislative power; as to authorize manifest injustice by positive law; or to take away that security for personal liberty, or private property, for the protection whereof the government was established.
Page 83 - Resolved, That Congress, or such person or persons as they appoint to hear and determine appeals from the courts of admiralty, have necessarily the power to examine as well into decisions on facts as decisions on the law, and to decree finally thereon, and that no finding of a jury in any court of admiralty, or court for determining the legality of captures on the high seas can or ought to destroy the right of appeal and the re-examination of the facts reserved to Congress : That no act of any one...