Reports of Cases Argued and Adjudged in the Supreme Court of the United States. February Term, 1816[-January Term, 1827], Volume 5
R. Donaldson, 1820 - Law reports, digests, etc
What people are saying - Write a review
We haven't found any reviews in the usual places.
Other editions - View all
Common terms and phrases
according Admiralty admitted appear armed authority award Bank bastards belonging bill called capture cargo carried cause charge Circuit Court citizen civil claim commander commission committed common Congress considered constitution Court crime decided decision decree defendant delivered direct district enemy entitled entry established evidence executive exercise existence extend fact father force foreign give given grant Heirs high seas inheritance intended issued judge judgment jurisdiction jury land law of nations legislature legitimate letter manner March marked means ment militia mother murder nature necessary neutral object offence officers opinion original owners parties passed person piracy pirate plaintiff port possession present President principle prisoners prize proof prove punish question reason reference respecting river rule ship ship or vessel statute taken thereof thing tion United vessel whole
Page 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.
Page 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...
Page 24 - And shall have exclusive cognizance of all crimes and offences cognizable under the authority of the United States...
Page 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.
Page 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.
Page 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...
Page 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.
Page 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...
Page 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...
Page 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.