The Trials of William S. Smith, and Samuel G. Ogden: For Misdemeanours, Had in the Circuit Court of the United States for the New-York District, in July, 1806
I. Riley and Company, 1807 - Spain - 287 pages
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The Trials of William S. Smith, and Samuel G. Ogden: For Misdemeanours, Had ...
William Stephens Smith
No preview available - 2019
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accused admit affidavit answer appear applied argument arms attachment attendance attorney authority bring called carried cause character charged circumstances Colden colonel Smith committed common congress considered constitution counsel court criminal decide defendant district duty engaged enterprise evidence examinant executive exist fact force foreign gentlemen give given granted ground hostile indictment intended issue January judge jury justice knowledge Leander letter matter means ment military expedition Miranda motion nature necessary New-York object observation offence offered officers Ogden opinion passed peace person prepared present president principle proceed proceedings proper prosecution prove punishment question reason received respect rule set on foot ship Smith Spain statute sufficient suppose sworn taken territory testimony thing tion trial United vessel witnesses
Page 65 - That if any person shall, within the territory or jurisdiction of the United States, begin or set on foot, or provide or prepare the means for any military expedition or enterprise, to be carried on from thence against the territory or dominions of any foreign prince or state, or of any colony, district, or people with whom the United States are (at) peace, every person so offending shall be deemed guilty of a high misdemeanor, and shall be fined not exceeding three thousand dollars and imprisoned...
Page 3 - That all the before-mentioned courts of the United States shall have power to issue writs of scire facias, habeas corpus, and all other writs not specially provided for by statute, which may be necessary for the exercise of their respective jurisdictions, and agreeable to the principles and usages of law.
Page 57 - Statutes, subpenas for witnesses who are required to attend a court of the United States, in any district, may run into any other district in any such proceeding.
Page 45 - The Congress shall have power ... to declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water...
Page 284 - States for any ship or vessel to the intent that she may be employed as aforesaid. 10. Increasing or augmenting, or procuring to be increased or augmented, or knowingly being concerned in increasing or augmenting, the force of any ship of war, cruiser, or other armed vessel...
Page viii - Queen there inhabiting and being, and to the evil example of all others in like case offending, and against the form of the statutes in such case made and provided, and against the peace of our Lady the Queen, her Crown and dignity.
Page 49 - States, and against their national rights and sovereignty, in violation of the faith of treaties and the laws of nations, and shall thereby acknowledge the just claims of the United States to be considered as in all respects neutral...
Page 48 - in the event of a declaration of war against the United States, or of actual invasion of their territory by a foreign power, or of imminent danger of such invasion discovered in his opinion to exist, before the next session of Congress...
Page 72 - ... or irregularities of a similar kind: but not in the mere exercise of their judicial capacities, as by giving a false or erroneous verdict. 5. Those committed by witnesses: by making default when summoned, refusing to be sworn or examined, or prevaricating in their evidence when sworn.
Page 157 - If the meaning of these words, finding against the direction of the court in matter of law, be, that if the judge, having heard the' evidence given in court, (for he knows no other) shall tell the jury upon this evidence.