SooperKanoon Citation | sooperkanoon.com/79079 |
Court | US Supreme Court |
Decided On | 1826 |
Case Number | 24 U.S. 467 |
Appellant | United States |
Respondent | Ortega |
Notice (8): Undefined variable: kword [APP/View/Case/amp.ctp, line 123]Code Context}
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$viewFile = '/home/legalcrystal/app/View/Case/amp.ctp' $dataForView = array( 'title_for_layout' => 'United States Vs Ortega - Citation 79079 - Court Judgment | ', 'desc' => array( 'Judgement' => array( 'id' => '79079', 'acts' => null, 'appealno' => '24 U.S. 467', 'appellant' => 'United States', 'authreffered' => null, 'casename' => 'United States Vs. Ortega', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1826-01-01', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<div> United States v. Ortega - 24 U.S. 467 (1826) <br /> <span> U.S. Supreme Court United States v. Ortega, 24 U.S. 11 Wheat. 467 467 (1826) </span> <p> <b> United States v. Ortega </b> </p> <p> <b> 24 U.S. (11 Wheat.) 467 </b> </p> <p> <b> </b> </p> <p> <em> ON CERTIFICATE OF DISAGREEMENT AMONG THE JUDGES OF THE CIRCUIT COURT </em> </p> <p> <em> OF THE UNITED STATES FOR THE EASTERN DISTRICT OF PENNSYLVANIA </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> An indictment under the crimes act of 1790, ch. 35, s. 37, for infracting the law of nations by offering violence to the person of a foreign minister is not a case "affecting ambassadors, other public ministers and consuls" within the second section of the Third Article of the Constitution of the United States. </p> <p> The circuit courts have jurisdiction of such an offense under the eleventh section of the Judiciary Act of 1789, ch. 20. </p> <p> <em> Quaere </em> whether the jurisdiction of the Supreme Court is not only original, but exclusive of the circuit court, in "cases affecting ambassadors, other public ministers and consuls" within the true construction of the second section of the third article of the Constitution </p> <p> MR. JUSTICE WASHINGTON delivered the opinion of the Court. </p> <p> The defendant, Juan Gualberto de Ortega, was indicted in the Circuit Court of the United States for the Eastern District of Pennsylvania for infracting the law of nations by offering violence to the person of Hilario de Rivas y Salmon, the charge d'affaires of his Catholic Majesty the King of Spain in the United States contrary to the law of nations and to the act of the Congress of the United States in such case provided. The jury having found a verdict of guilty, the defendant moved in arrest of judgment and assigned for cause </p> <p> "that the circuit court has not jurisdiction of the matter charged in the indictment, inasmuch as it is a case affecting an ambassador or other public minister." </p> <p> The opinions of the judges of that court upon this point being opposed, the cause comes before this Court upon a certificate of such disagreement. </p> <p> The questions to which the point certified by the court below gives rise are first, whether this is a case affecting an ambassador or other public minister within the meaning of the second section of the third article of the Constitution of the United States. If it be, then the next question would be whether the jurisdiction of the Supreme Court in such cases is not only original, but exclusive of the circuit courts under the true construction of the above section and article. </p> <p> The last question need not be decided in the present case, because the Court is clearly of </p> <p> <a class="page-number" id="469"> Page 24 U. S. 469 </a> </p> <p> opinion that this is not a case affecting a public minister within the plain meaning of the Constitution. It is that of a public prosecution instituted and conducted by and in the name of the United States for the purpose of vindicating the law of nations and that of the United States, offended, as the indictment charges, in the person of a public minister by an assault committed on him by a private individual. It is a case, then, which affects the United States and the individual whom they seek to punish, but one in which the minister himself, although he was the person injured by the assault, has no concern, either in the event of the prosecution or in the costs attending it. </p> <p> It is ordered to be certified to the Circuit Court for the Eastern District of Pennsylvania that that court has jurisdiction of the matter charged in the indictment, the case not being one which affects an ambassador or other public minister. </p> <p> <em> Certificate accordingly. </em> </p> <br /> <br /> </div>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Ortega', 'sub' => null, 'link' => '/cases/federal/us/24/467/', 'circuit' => null ) ), 'casename_url' => 'united-states-vs-ortega', 'args' => array( (int) 0 => '79079', (int) 1 => 'united-states-vs-ortega' ) ) $title_for_layout = 'United States Vs Ortega - Citation 79079 - Court Judgment | ' $desc = array( 'Judgement' => array( 'id' => '79079', 'acts' => null, 'appealno' => '24 U.S. 467', 'appellant' => 'United States', 'authreffered' => null, 'casename' => 'United States Vs. Ortega', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1826-01-01', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<div> United States v. Ortega - 24 U.S. 467 (1826) <br/> <span> U.S. Supreme Court United States v. Ortega, 24 U.S. 11 Wheat. 467 467 (1826) </span> <p> <b> United States v. Ortega </b> </p> <p> <b> 24 U.S. (11 Wheat.) 467 </b> </p> <p> <b> </b> </p> <p> <em> ON CERTIFICATE OF DISAGREEMENT AMONG THE JUDGES OF THE CIRCUIT COURT </em> </p> <p> <em> OF THE UNITED STATES FOR THE EASTERN DISTRICT OF PENNSYLVANIA </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> An indictment under the crimes act of 1790, ch. 35, s. 37, for infracting the law of nations by offering violence to the person of a foreign minister is not a case "affecting ambassadors, other public ministers and consuls" within the second section of the Third Article of the Constitution of the United States. </p> <p> The circuit courts have jurisdiction of such an offense under the eleventh section of the Judiciary Act of 1789, ch. 20. </p> <p> <em> Quaere </em> whether the jurisdiction of the Supreme Court is not only original, but exclusive of the circuit court, in "cases affecting ambassadors, other public ministers and consuls" within the true construction of the second section of the third article of the Constitution </p> <p> MR. JUSTICE WASHINGTON delivered the opinion of the Court. </p> <p> The defendant, Juan Gualberto de Ortega, was indicted in the Circuit Court of the United States for the Eastern District of Pennsylvania for infracting the law of nations by offering violence to the person of Hilario de Rivas y Salmon, the charge d'affaires of his Catholic Majesty the King of Spain in the United States contrary to the law of nations and to the act of the Congress of the United States in such case provided. The jury having found a verdict of guilty, the defendant moved in arrest of judgment and assigned for cause </p> <p> "that the circuit court has not jurisdiction of the matter charged in the indictment, inasmuch as it is a case affecting an ambassador or other public minister." </p> <p> The opinions of the judges of that court upon this point being opposed, the cause comes before this Court upon a certificate of such disagreement. </p> <p> The questions to which the point certified by the court below gives rise are first, whether this is a case affecting an ambassador or other public minister within the meaning of the second section of the third article of the Constitution of the United States. If it be, then the next question would be whether the jurisdiction of the Supreme Court in such cases is not only original, but exclusive of the circuit courts under the true construction of the above section and article. </p> <p> The last question need not be decided in the present case, because the Court is clearly of </p> <p> <a> Page 24 U. S. 469 </a> </p> <p> opinion that this is not a case affecting a public minister within the plain meaning of the Constitution. It is that of a public prosecution instituted and conducted by and in the name of the United States for the purpose of vindicating the law of nations and that of the United States, offended, as the indictment charges, in the person of a public minister by an assault committed on him by a private individual. It is a case, then, which affects the United States and the individual whom they seek to punish, but one in which the minister himself, although he was the person injured by the assault, has no concern, either in the event of the prosecution or in the costs attending it. </p> <p> It is ordered to be certified to the Circuit Court for the Eastern District of Pennsylvania that that court has jurisdiction of the matter charged in the indictment, the case not being one which affects an ambassador or other public minister. </p> <p> <em> Certificate accordingly. </em> </p> <br/> <br/> </div>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Ortega', 'sub' => null, 'link' => '/cases/federal/us/24/467/', 'circuit' => null ) ) $casename_url = 'united-states-vs-ortega' $args = array( (int) 0 => '79079', (int) 1 => 'united-states-vs-ortega' ) $url = 'https://sooperkanoon.com/case/amp/79079/united-states-vs-ortega' $ctype = '' $date = array( (int) 0 => 'Jan', (int) 1 => '01', (int) 2 => '1826' )include - APP/View/Case/amp.ctp, line 123 View::_evaluate() - CORE/Cake/View/View.php, line 971 View::_render() - CORE/Cake/View/View.php, line 933 View::render() - CORE/Cake/View/View.php, line 473 Controller::render() - CORE/Cake/Controller/Controller.php, line 963 Dispatcher::_invoke() - CORE/Cake/Routing/Dispatcher.php, line 200 Dispatcher::dispatch() - CORE/Cake/Routing/Dispatcher.php, line 167 [main] - APP/webroot/index.php, line 109
Notice (8): Undefined variable: query [APP/View/Case/amp.ctp, line 123]united states v. ortega - 24 u.s. 467 (1826) u.s. supreme court united states v. ortega, 24 u.s. 11 wheat. 467 467 (1826) united states v. ortega 24 u.s. (11 wheat.) 467 on certificate of disagreement among the judges of the circuit court of the united states for the eastern district of pennsylvania syllabus an indictment under the crimes act of 1790, ch. 35, s. 37, for infracting the law of nations by offering violence to the person of a foreign minister is not a case "affecting ambassadors, other public ministers and consuls" within the second section of the third article of the constitution of the united states. the circuit courts have jurisdiction of such an offense under the eleventh section of the judiciary act of 1789, ch......Code Context}
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$viewFile = '/home/legalcrystal/app/View/Case/amp.ctp' $dataForView = array( 'title_for_layout' => 'United States Vs Ortega - Citation 79079 - Court Judgment | ', 'desc' => array( 'Judgement' => array( 'id' => '79079', 'acts' => null, 'appealno' => '24 U.S. 467', 'appellant' => 'United States', 'authreffered' => null, 'casename' => 'United States Vs. Ortega', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1826-01-01', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<div> United States v. Ortega - 24 U.S. 467 (1826) <br /> <span> U.S. Supreme Court United States v. Ortega, 24 U.S. 11 Wheat. 467 467 (1826) </span> <p> <b> United States v. Ortega </b> </p> <p> <b> 24 U.S. (11 Wheat.) 467 </b> </p> <p> <b> </b> </p> <p> <em> ON CERTIFICATE OF DISAGREEMENT AMONG THE JUDGES OF THE CIRCUIT COURT </em> </p> <p> <em> OF THE UNITED STATES FOR THE EASTERN DISTRICT OF PENNSYLVANIA </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> An indictment under the crimes act of 1790, ch. 35, s. 37, for infracting the law of nations by offering violence to the person of a foreign minister is not a case "affecting ambassadors, other public ministers and consuls" within the second section of the Third Article of the Constitution of the United States. </p> <p> The circuit courts have jurisdiction of such an offense under the eleventh section of the Judiciary Act of 1789, ch. 20. </p> <p> <em> Quaere </em> whether the jurisdiction of the Supreme Court is not only original, but exclusive of the circuit court, in "cases affecting ambassadors, other public ministers and consuls" within the true construction of the second section of the third article of the Constitution </p> <p> MR. JUSTICE WASHINGTON delivered the opinion of the Court. </p> <p> The defendant, Juan Gualberto de Ortega, was indicted in the Circuit Court of the United States for the Eastern District of Pennsylvania for infracting the law of nations by offering violence to the person of Hilario de Rivas y Salmon, the charge d'affaires of his Catholic Majesty the King of Spain in the United States contrary to the law of nations and to the act of the Congress of the United States in such case provided. The jury having found a verdict of guilty, the defendant moved in arrest of judgment and assigned for cause </p> <p> "that the circuit court has not jurisdiction of the matter charged in the indictment, inasmuch as it is a case affecting an ambassador or other public minister." </p> <p> The opinions of the judges of that court upon this point being opposed, the cause comes before this Court upon a certificate of such disagreement. </p> <p> The questions to which the point certified by the court below gives rise are first, whether this is a case affecting an ambassador or other public minister within the meaning of the second section of the third article of the Constitution of the United States. If it be, then the next question would be whether the jurisdiction of the Supreme Court in such cases is not only original, but exclusive of the circuit courts under the true construction of the above section and article. </p> <p> The last question need not be decided in the present case, because the Court is clearly of </p> <p> <a class="page-number" id="469"> Page 24 U. S. 469 </a> </p> <p> opinion that this is not a case affecting a public minister within the plain meaning of the Constitution. It is that of a public prosecution instituted and conducted by and in the name of the United States for the purpose of vindicating the law of nations and that of the United States, offended, as the indictment charges, in the person of a public minister by an assault committed on him by a private individual. It is a case, then, which affects the United States and the individual whom they seek to punish, but one in which the minister himself, although he was the person injured by the assault, has no concern, either in the event of the prosecution or in the costs attending it. </p> <p> It is ordered to be certified to the Circuit Court for the Eastern District of Pennsylvania that that court has jurisdiction of the matter charged in the indictment, the case not being one which affects an ambassador or other public minister. </p> <p> <em> Certificate accordingly. </em> </p> <br /> <br /> </div>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Ortega', 'sub' => null, 'link' => '/cases/federal/us/24/467/', 'circuit' => null ) ), 'casename_url' => 'united-states-vs-ortega', 'args' => array( (int) 0 => '79079', (int) 1 => 'united-states-vs-ortega' ) ) $title_for_layout = 'United States Vs Ortega - Citation 79079 - Court Judgment | ' $desc = array( 'Judgement' => array( 'id' => '79079', 'acts' => null, 'appealno' => '24 U.S. 467', 'appellant' => 'United States', 'authreffered' => null, 'casename' => 'United States Vs. 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Ortega </b> </p> <p> <b> 24 U.S. (11 Wheat.) 467 </b> </p> <p> <b> </b> </p> <p> <em> ON CERTIFICATE OF DISAGREEMENT AMONG THE JUDGES OF THE CIRCUIT COURT </em> </p> <p> <em> OF THE UNITED STATES FOR THE EASTERN DISTRICT OF PENNSYLVANIA </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> An indictment under the crimes act of 1790, ch. 35, s. 37, for infracting the law of nations by offering violence to the person of a foreign minister is not a case "affecting ambassadors, other public ministers and consuls" within the second section of the Third Article of the Constitution of the United States. </p> <p> The circuit courts have jurisdiction of such an offense under the eleventh section of the Judiciary Act of 1789, ch. 20. </p> <p> <em> Quaere </em> whether the jurisdiction of the Supreme Court is not only original, but exclusive of the circuit court, in "cases affecting ambassadors, other public ministers and consuls" within the true construction of the second section of the third article of the Constitution </p> <p> MR. JUSTICE WASHINGTON delivered the opinion of the Court. </p> <p> The defendant, Juan Gualberto de Ortega, was indicted in the Circuit Court of the United States for the Eastern District of Pennsylvania for infracting the law of nations by offering violence to the person of Hilario de Rivas y Salmon, the charge d'affaires of his Catholic Majesty the King of Spain in the United States contrary to the law of nations and to the act of the Congress of the United States in such case provided. The jury having found a verdict of guilty, the defendant moved in arrest of judgment and assigned for cause </p> <p> "that the circuit court has not jurisdiction of the matter charged in the indictment, inasmuch as it is a case affecting an ambassador or other public minister." </p> <p> The opinions of the judges of that court upon this point being opposed, the cause comes before this Court upon a certificate of such disagreement. </p> <p> The questions to which the point certified by the court below gives rise are first, whether this is a case affecting an ambassador or other public minister within the meaning of the second section of the third article of the Constitution of the United States. If it be, then the next question would be whether the jurisdiction of the Supreme Court in such cases is not only original, but exclusive of the circuit courts under the true construction of the above section and article. </p> <p> The last question need not be decided in the present case, because the Court is clearly of </p> <p> <a> Page 24 U. S. 469 </a> </p> <p> opinion that this is not a case affecting a public minister within the plain meaning of the Constitution. It is that of a public prosecution instituted and conducted by and in the name of the United States for the purpose of vindicating the law of nations and that of the United States, offended, as the indictment charges, in the person of a public minister by an assault committed on him by a private individual. It is a case, then, which affects the United States and the individual whom they seek to punish, but one in which the minister himself, although he was the person injured by the assault, has no concern, either in the event of the prosecution or in the costs attending it. </p> <p> It is ordered to be certified to the Circuit Court for the Eastern District of Pennsylvania that that court has jurisdiction of the matter charged in the indictment, the case not being one which affects an ambassador or other public minister. </p> <p> <em> Certificate accordingly. </em> </p> <br/> <br/> </div>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Ortega', 'sub' => null, 'link' => '/cases/federal/us/24/467/', 'circuit' => null ) ) $casename_url = 'united-states-vs-ortega' $args = array( (int) 0 => '79079', (int) 1 => 'united-states-vs-ortega' ) $url = 'https://sooperkanoon.com/case/amp/79079/united-states-vs-ortega' $ctype = '' $date = array( (int) 0 => 'Jan', (int) 1 => '01', (int) 2 => '1826' )include - APP/View/Case/amp.ctp, line 123 View::_evaluate() - CORE/Cake/View/View.php, line 971 View::_render() - CORE/Cake/View/View.php, line 933 View::render() - CORE/Cake/View/View.php, line 473 Controller::render() - CORE/Cake/Controller/Controller.php, line 963 Dispatcher::_invoke() - CORE/Cake/Routing/Dispatcher.php, line 200 Dispatcher::dispatch() - CORE/Cake/Routing/Dispatcher.php, line 167 [main] - APP/webroot/index.php, line 109
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$viewFile = '/home/legalcrystal/app/View/Case/amp.ctp' $dataForView = array( 'title_for_layout' => 'United States Vs Ortega - Citation 79079 - Court Judgment | ', 'desc' => array( 'Judgement' => array( 'id' => '79079', 'acts' => null, 'appealno' => '24 U.S. 467', 'appellant' => 'United States', 'authreffered' => null, 'casename' => 'United States Vs. Ortega', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1826-01-01', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<div> United States v. Ortega - 24 U.S. 467 (1826) <br /> <span> U.S. Supreme Court United States v. Ortega, 24 U.S. 11 Wheat. 467 467 (1826) </span> <p> <b> United States v. Ortega </b> </p> <p> <b> 24 U.S. (11 Wheat.) 467 </b> </p> <p> <b> </b> </p> <p> <em> ON CERTIFICATE OF DISAGREEMENT AMONG THE JUDGES OF THE CIRCUIT COURT </em> </p> <p> <em> OF THE UNITED STATES FOR THE EASTERN DISTRICT OF PENNSYLVANIA </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> An indictment under the crimes act of 1790, ch. 35, s. 37, for infracting the law of nations by offering violence to the person of a foreign minister is not a case "affecting ambassadors, other public ministers and consuls" within the second section of the Third Article of the Constitution of the United States. </p> <p> The circuit courts have jurisdiction of such an offense under the eleventh section of the Judiciary Act of 1789, ch. 20. </p> <p> <em> Quaere </em> whether the jurisdiction of the Supreme Court is not only original, but exclusive of the circuit court, in "cases affecting ambassadors, other public ministers and consuls" within the true construction of the second section of the third article of the Constitution </p> <p> MR. JUSTICE WASHINGTON delivered the opinion of the Court. </p> <p> The defendant, Juan Gualberto de Ortega, was indicted in the Circuit Court of the United States for the Eastern District of Pennsylvania for infracting the law of nations by offering violence to the person of Hilario de Rivas y Salmon, the charge d'affaires of his Catholic Majesty the King of Spain in the United States contrary to the law of nations and to the act of the Congress of the United States in such case provided. The jury having found a verdict of guilty, the defendant moved in arrest of judgment and assigned for cause </p> <p> "that the circuit court has not jurisdiction of the matter charged in the indictment, inasmuch as it is a case affecting an ambassador or other public minister." </p> <p> The opinions of the judges of that court upon this point being opposed, the cause comes before this Court upon a certificate of such disagreement. </p> <p> The questions to which the point certified by the court below gives rise are first, whether this is a case affecting an ambassador or other public minister within the meaning of the second section of the third article of the Constitution of the United States. If it be, then the next question would be whether the jurisdiction of the Supreme Court in such cases is not only original, but exclusive of the circuit courts under the true construction of the above section and article. </p> <p> The last question need not be decided in the present case, because the Court is clearly of </p> <p> <a class="page-number" id="469"> Page 24 U. S. 469 </a> </p> <p> opinion that this is not a case affecting a public minister within the plain meaning of the Constitution. It is that of a public prosecution instituted and conducted by and in the name of the United States for the purpose of vindicating the law of nations and that of the United States, offended, as the indictment charges, in the person of a public minister by an assault committed on him by a private individual. It is a case, then, which affects the United States and the individual whom they seek to punish, but one in which the minister himself, although he was the person injured by the assault, has no concern, either in the event of the prosecution or in the costs attending it. </p> <p> It is ordered to be certified to the Circuit Court for the Eastern District of Pennsylvania that that court has jurisdiction of the matter charged in the indictment, the case not being one which affects an ambassador or other public minister. </p> <p> <em> Certificate accordingly. </em> </p> <br /> <br /> </div>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Ortega', 'sub' => null, 'link' => '/cases/federal/us/24/467/', 'circuit' => null ) ), 'casename_url' => 'united-states-vs-ortega', 'args' => array( (int) 0 => '79079', (int) 1 => 'united-states-vs-ortega' ) ) $title_for_layout = 'United States Vs Ortega - Citation 79079 - Court Judgment | ' $desc = array( 'Judgement' => array( 'id' => '79079', 'acts' => null, 'appealno' => '24 U.S. 467', 'appellant' => 'United States', 'authreffered' => null, 'casename' => 'United States Vs. Ortega', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1826-01-01', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<div> United States v. Ortega - 24 U.S. 467 (1826) <br/> <span> U.S. Supreme Court United States v. Ortega, 24 U.S. 11 Wheat. 467 467 (1826) </span> <p> <b> United States v. Ortega </b> </p> <p> <b> 24 U.S. (11 Wheat.) 467 </b> </p> <p> <b> </b> </p> <p> <em> ON CERTIFICATE OF DISAGREEMENT AMONG THE JUDGES OF THE CIRCUIT COURT </em> </p> <p> <em> OF THE UNITED STATES FOR THE EASTERN DISTRICT OF PENNSYLVANIA </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> An indictment under the crimes act of 1790, ch. 35, s. 37, for infracting the law of nations by offering violence to the person of a foreign minister is not a case "affecting ambassadors, other public ministers and consuls" within the second section of the Third Article of the Constitution of the United States. </p> <p> The circuit courts have jurisdiction of such an offense under the eleventh section of the Judiciary Act of 1789, ch. 20. </p> <p> <em> Quaere </em> whether the jurisdiction of the Supreme Court is not only original, but exclusive of the circuit court, in "cases affecting ambassadors, other public ministers and consuls" within the true construction of the second section of the third article of the Constitution </p> <p> MR. JUSTICE WASHINGTON delivered the opinion of the Court. </p> <p> The defendant, Juan Gualberto de Ortega, was indicted in the Circuit Court of the United States for the Eastern District of Pennsylvania for infracting the law of nations by offering violence to the person of Hilario de Rivas y Salmon, the charge d'affaires of his Catholic Majesty the King of Spain in the United States contrary to the law of nations and to the act of the Congress of the United States in such case provided. The jury having found a verdict of guilty, the defendant moved in arrest of judgment and assigned for cause </p> <p> "that the circuit court has not jurisdiction of the matter charged in the indictment, inasmuch as it is a case affecting an ambassador or other public minister." </p> <p> The opinions of the judges of that court upon this point being opposed, the cause comes before this Court upon a certificate of such disagreement. </p> <p> The questions to which the point certified by the court below gives rise are first, whether this is a case affecting an ambassador or other public minister within the meaning of the second section of the third article of the Constitution of the United States. If it be, then the next question would be whether the jurisdiction of the Supreme Court in such cases is not only original, but exclusive of the circuit courts under the true construction of the above section and article. </p> <p> The last question need not be decided in the present case, because the Court is clearly of </p> <p> <a> Page 24 U. S. 469 </a> </p> <p> opinion that this is not a case affecting a public minister within the plain meaning of the Constitution. It is that of a public prosecution instituted and conducted by and in the name of the United States for the purpose of vindicating the law of nations and that of the United States, offended, as the indictment charges, in the person of a public minister by an assault committed on him by a private individual. It is a case, then, which affects the United States and the individual whom they seek to punish, but one in which the minister himself, although he was the person injured by the assault, has no concern, either in the event of the prosecution or in the costs attending it. </p> <p> It is ordered to be certified to the Circuit Court for the Eastern District of Pennsylvania that that court has jurisdiction of the matter charged in the indictment, the case not being one which affects an ambassador or other public minister. </p> <p> <em> Certificate accordingly. </em> </p> <br/> <br/> </div>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Ortega', 'sub' => null, 'link' => '/cases/federal/us/24/467/', 'circuit' => null ) ) $casename_url = 'united-states-vs-ortega' $args = array( (int) 0 => '79079', (int) 1 => 'united-states-vs-ortega' ) $url = 'https://sooperkanoon.com/case/amp/79079/united-states-vs-ortega' $ctype = '' $date = array( (int) 0 => 'Jan', (int) 1 => '01', (int) 2 => '1826' ) $content = array( (int) 0 => '<div> United States v. Ortega - 24 U.S. 467 (1826) <br/> <span> U.S. Supreme Court United States v. Ortega, 24 U.S. 11 Wheat. 467 467 (1826) </span> <p> <b> United States v. Ortega </b> ', (int) 1 => ' <p> <b> 24 U.S. (11 Wheat.) 467 </b> ', (int) 2 => ' <p> <b> </b> ', (int) 3 => ' <p> <em> ON CERTIFICATE OF DISAGREEMENT AMONG THE JUDGES OF THE CIRCUIT COURT </em> ', (int) 4 => ' <p> <em> OF THE UNITED STATES FOR THE EASTERN DISTRICT OF PENNSYLVANIA </em> ', (int) 5 => ' <p> <em> </em> <em> Syllabus </em> ', (int) 6 => ' <p> An indictment under the crimes act of 1790, ch. 35, s. 37, for infracting the law of nations by offering violence to the person of a foreign minister is not a case "affecting ambassadors, other public ministers and consuls" within the second section of the Third Article of the Constitution of the United States. ', (int) 7 => ' <p> The circuit courts have jurisdiction of such an offense under the eleventh section of the Judiciary Act of 1789, ch. 20. ', (int) 8 => ' <p> <em> Quaere </em> whether the jurisdiction of the Supreme Court is not only original, but exclusive of the circuit court, in "cases affecting ambassadors, other public ministers and consuls" within the true construction of the second section of the third article of the Constitution ', (int) 9 => ' <p> MR. JUSTICE WASHINGTON delivered the opinion of the Court. ', (int) 10 => ' <p> The defendant, Juan Gualberto de Ortega, was indicted in the Circuit Court of the United States for the Eastern District of Pennsylvania for infracting the law of nations by offering violence to the person of Hilario de Rivas y Salmon, the charge d'affaires of his Catholic Majesty the King of Spain in the United States contrary to the law of nations and to the act of the Congress of the United States in such case provided. The jury having found a verdict of guilty, the defendant moved in arrest of judgment and assigned for cause ', (int) 11 => ' <p> "that the circuit court has not jurisdiction of the matter charged in the indictment, inasmuch as it is a case affecting an ambassador or other public minister." ', (int) 12 => ' <p> The opinions of the judges of that court upon this point being opposed, the cause comes before this Court upon a certificate of such disagreement. ', (int) 13 => ' <p> The questions to which the point certified by the court below gives rise are first, whether this is a case affecting an ambassador or other public minister within the meaning of the second section of the third article of the Constitution of the United States. If it be, then the next question would be whether the jurisdiction of the Supreme Court in such cases is not only original, but exclusive of the circuit courts under the true construction of the above section and article. ', (int) 14 => ' <p> The last question need not be decided in the present case, because the Court is clearly of ', (int) 15 => ' <p> <a> Page 24 U. S. 469 </a> ', (int) 16 => ' <p> opinion that this is not a case affecting a public minister within the plain meaning of the Constitution. It is that of a public prosecution instituted and conducted by and in the name of the United States for the purpose of vindicating the law of nations and that of the United States, offended, as the indictment charges, in the person of a public minister by an assault committed on him by a private individual. It is a case, then, which affects the United States and the individual whom they seek to punish, but one in which the minister himself, although he was the person injured by the assault, has no concern, either in the event of the prosecution or in the costs attending it. ', (int) 17 => ' <p> It is ordered to be certified to the Circuit Court for the Eastern District of Pennsylvania that that court has jurisdiction of the matter charged in the indictment, the case not being one which affects an ambassador or other public minister. ', (int) 18 => ' <p> <em> Certificate accordingly. </em> ', (int) 19 => ' <br/> <br/> </div>' ) $paragraphAfter = (int) 1 $cnt = (int) 20 $i = (int) 0include - APP/View/Case/amp.ctp, line 144 View::_evaluate() - CORE/Cake/View/View.php, line 971 View::_render() - CORE/Cake/View/View.php, line 933 View::render() - CORE/Cake/View/View.php, line 473 Controller::render() - CORE/Cake/Controller/Controller.php, line 963 Dispatcher::_invoke() - CORE/Cake/Routing/Dispatcher.php, line 200 Dispatcher::dispatch() - CORE/Cake/Routing/Dispatcher.php, line 167 [main] - APP/webroot/index.php, line 109
United States v. Ortega
Notice (8): Undefined variable: query [APP/View/Case/amp.ctp, line 144]Code Contextecho $this->Adsense->display('responsive_rect');
}
echo html_entity_decode($this->Wand->highlight($content[$i], $query));
$viewFile = '/home/legalcrystal/app/View/Case/amp.ctp' $dataForView = array( 'title_for_layout' => 'United States Vs Ortega - Citation 79079 - Court Judgment | ', 'desc' => array( 'Judgement' => array( 'id' => '79079', 'acts' => null, 'appealno' => '24 U.S. 467', 'appellant' => 'United States', 'authreffered' => null, 'casename' => 'United States Vs. Ortega', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1826-01-01', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<div> United States v. Ortega - 24 U.S. 467 (1826) <br /> <span> U.S. Supreme Court United States v. Ortega, 24 U.S. 11 Wheat. 467 467 (1826) </span> <p> <b> United States v. Ortega </b> </p> <p> <b> 24 U.S. (11 Wheat.) 467 </b> </p> <p> <b> </b> </p> <p> <em> ON CERTIFICATE OF DISAGREEMENT AMONG THE JUDGES OF THE CIRCUIT COURT </em> </p> <p> <em> OF THE UNITED STATES FOR THE EASTERN DISTRICT OF PENNSYLVANIA </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> An indictment under the crimes act of 1790, ch. 35, s. 37, for infracting the law of nations by offering violence to the person of a foreign minister is not a case "affecting ambassadors, other public ministers and consuls" within the second section of the Third Article of the Constitution of the United States. </p> <p> The circuit courts have jurisdiction of such an offense under the eleventh section of the Judiciary Act of 1789, ch. 20. </p> <p> <em> Quaere </em> whether the jurisdiction of the Supreme Court is not only original, but exclusive of the circuit court, in "cases affecting ambassadors, other public ministers and consuls" within the true construction of the second section of the third article of the Constitution </p> <p> MR. JUSTICE WASHINGTON delivered the opinion of the Court. </p> <p> The defendant, Juan Gualberto de Ortega, was indicted in the Circuit Court of the United States for the Eastern District of Pennsylvania for infracting the law of nations by offering violence to the person of Hilario de Rivas y Salmon, the charge d'affaires of his Catholic Majesty the King of Spain in the United States contrary to the law of nations and to the act of the Congress of the United States in such case provided. The jury having found a verdict of guilty, the defendant moved in arrest of judgment and assigned for cause </p> <p> "that the circuit court has not jurisdiction of the matter charged in the indictment, inasmuch as it is a case affecting an ambassador or other public minister." </p> <p> The opinions of the judges of that court upon this point being opposed, the cause comes before this Court upon a certificate of such disagreement. </p> <p> The questions to which the point certified by the court below gives rise are first, whether this is a case affecting an ambassador or other public minister within the meaning of the second section of the third article of the Constitution of the United States. If it be, then the next question would be whether the jurisdiction of the Supreme Court in such cases is not only original, but exclusive of the circuit courts under the true construction of the above section and article. </p> <p> The last question need not be decided in the present case, because the Court is clearly of </p> <p> <a class="page-number" id="469"> Page 24 U. S. 469 </a> </p> <p> opinion that this is not a case affecting a public minister within the plain meaning of the Constitution. It is that of a public prosecution instituted and conducted by and in the name of the United States for the purpose of vindicating the law of nations and that of the United States, offended, as the indictment charges, in the person of a public minister by an assault committed on him by a private individual. It is a case, then, which affects the United States and the individual whom they seek to punish, but one in which the minister himself, although he was the person injured by the assault, has no concern, either in the event of the prosecution or in the costs attending it. </p> <p> It is ordered to be certified to the Circuit Court for the Eastern District of Pennsylvania that that court has jurisdiction of the matter charged in the indictment, the case not being one which affects an ambassador or other public minister. </p> <p> <em> Certificate accordingly. </em> </p> <br /> <br /> </div>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Ortega', 'sub' => null, 'link' => '/cases/federal/us/24/467/', 'circuit' => null ) ), 'casename_url' => 'united-states-vs-ortega', 'args' => array( (int) 0 => '79079', (int) 1 => 'united-states-vs-ortega' ) ) $title_for_layout = 'United States Vs Ortega - Citation 79079 - Court Judgment | ' $desc = array( 'Judgement' => array( 'id' => '79079', 'acts' => null, 'appealno' => '24 U.S. 467', 'appellant' => 'United States', 'authreffered' => null, 'casename' => 'United States Vs. Ortega', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1826-01-01', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<div> United States v. Ortega - 24 U.S. 467 (1826) <br/> <span> U.S. Supreme Court United States v. Ortega, 24 U.S. 11 Wheat. 467 467 (1826) </span> <p> <b> United States v. Ortega </b> </p> <p> <b> 24 U.S. (11 Wheat.) 467 </b> </p> <p> <b> </b> </p> <p> <em> ON CERTIFICATE OF DISAGREEMENT AMONG THE JUDGES OF THE CIRCUIT COURT </em> </p> <p> <em> OF THE UNITED STATES FOR THE EASTERN DISTRICT OF PENNSYLVANIA </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> An indictment under the crimes act of 1790, ch. 35, s. 37, for infracting the law of nations by offering violence to the person of a foreign minister is not a case "affecting ambassadors, other public ministers and consuls" within the second section of the Third Article of the Constitution of the United States. </p> <p> The circuit courts have jurisdiction of such an offense under the eleventh section of the Judiciary Act of 1789, ch. 20. </p> <p> <em> Quaere </em> whether the jurisdiction of the Supreme Court is not only original, but exclusive of the circuit court, in "cases affecting ambassadors, other public ministers and consuls" within the true construction of the second section of the third article of the Constitution </p> <p> MR. JUSTICE WASHINGTON delivered the opinion of the Court. </p> <p> The defendant, Juan Gualberto de Ortega, was indicted in the Circuit Court of the United States for the Eastern District of Pennsylvania for infracting the law of nations by offering violence to the person of Hilario de Rivas y Salmon, the charge d'affaires of his Catholic Majesty the King of Spain in the United States contrary to the law of nations and to the act of the Congress of the United States in such case provided. The jury having found a verdict of guilty, the defendant moved in arrest of judgment and assigned for cause </p> <p> "that the circuit court has not jurisdiction of the matter charged in the indictment, inasmuch as it is a case affecting an ambassador or other public minister." </p> <p> The opinions of the judges of that court upon this point being opposed, the cause comes before this Court upon a certificate of such disagreement. </p> <p> The questions to which the point certified by the court below gives rise are first, whether this is a case affecting an ambassador or other public minister within the meaning of the second section of the third article of the Constitution of the United States. If it be, then the next question would be whether the jurisdiction of the Supreme Court in such cases is not only original, but exclusive of the circuit courts under the true construction of the above section and article. </p> <p> The last question need not be decided in the present case, because the Court is clearly of </p> <p> <a> Page 24 U. S. 469 </a> </p> <p> opinion that this is not a case affecting a public minister within the plain meaning of the Constitution. It is that of a public prosecution instituted and conducted by and in the name of the United States for the purpose of vindicating the law of nations and that of the United States, offended, as the indictment charges, in the person of a public minister by an assault committed on him by a private individual. It is a case, then, which affects the United States and the individual whom they seek to punish, but one in which the minister himself, although he was the person injured by the assault, has no concern, either in the event of the prosecution or in the costs attending it. </p> <p> It is ordered to be certified to the Circuit Court for the Eastern District of Pennsylvania that that court has jurisdiction of the matter charged in the indictment, the case not being one which affects an ambassador or other public minister. </p> <p> <em> Certificate accordingly. </em> </p> <br/> <br/> </div>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Ortega', 'sub' => null, 'link' => '/cases/federal/us/24/467/', 'circuit' => null ) ) $casename_url = 'united-states-vs-ortega' $args = array( (int) 0 => '79079', (int) 1 => 'united-states-vs-ortega' ) $url = 'https://sooperkanoon.com/case/amp/79079/united-states-vs-ortega' $ctype = '' $date = array( (int) 0 => 'Jan', (int) 1 => '01', (int) 2 => '1826' ) $content = array( (int) 0 => '<div> United States v. Ortega - 24 U.S. 467 (1826) <br/> <span> U.S. Supreme Court United States v. Ortega, 24 U.S. 11 Wheat. 467 467 (1826) </span> <p> <b> United States v. Ortega </b> ', (int) 1 => ' <p> <b> 24 U.S. (11 Wheat.) 467 </b> ', (int) 2 => ' <p> <b> </b> ', (int) 3 => ' <p> <em> ON CERTIFICATE OF DISAGREEMENT AMONG THE JUDGES OF THE CIRCUIT COURT </em> ', (int) 4 => ' <p> <em> OF THE UNITED STATES FOR THE EASTERN DISTRICT OF PENNSYLVANIA </em> ', (int) 5 => ' <p> <em> </em> <em> Syllabus </em> ', (int) 6 => ' <p> An indictment under the crimes act of 1790, ch. 35, s. 37, for infracting the law of nations by offering violence to the person of a foreign minister is not a case "affecting ambassadors, other public ministers and consuls" within the second section of the Third Article of the Constitution of the United States. ', (int) 7 => ' <p> The circuit courts have jurisdiction of such an offense under the eleventh section of the Judiciary Act of 1789, ch. 20. ', (int) 8 => ' <p> <em> Quaere </em> whether the jurisdiction of the Supreme Court is not only original, but exclusive of the circuit court, in "cases affecting ambassadors, other public ministers and consuls" within the true construction of the second section of the third article of the Constitution ', (int) 9 => ' <p> MR. JUSTICE WASHINGTON delivered the opinion of the Court. ', (int) 10 => ' <p> The defendant, Juan Gualberto de Ortega, was indicted in the Circuit Court of the United States for the Eastern District of Pennsylvania for infracting the law of nations by offering violence to the person of Hilario de Rivas y Salmon, the charge d'affaires of his Catholic Majesty the King of Spain in the United States contrary to the law of nations and to the act of the Congress of the United States in such case provided. The jury having found a verdict of guilty, the defendant moved in arrest of judgment and assigned for cause ', (int) 11 => ' <p> "that the circuit court has not jurisdiction of the matter charged in the indictment, inasmuch as it is a case affecting an ambassador or other public minister." ', (int) 12 => ' <p> The opinions of the judges of that court upon this point being opposed, the cause comes before this Court upon a certificate of such disagreement. ', (int) 13 => ' <p> The questions to which the point certified by the court below gives rise are first, whether this is a case affecting an ambassador or other public minister within the meaning of the second section of the third article of the Constitution of the United States. If it be, then the next question would be whether the jurisdiction of the Supreme Court in such cases is not only original, but exclusive of the circuit courts under the true construction of the above section and article. ', (int) 14 => ' <p> The last question need not be decided in the present case, because the Court is clearly of ', (int) 15 => ' <p> <a> Page 24 U. S. 469 </a> ', (int) 16 => ' <p> opinion that this is not a case affecting a public minister within the plain meaning of the Constitution. It is that of a public prosecution instituted and conducted by and in the name of the United States for the purpose of vindicating the law of nations and that of the United States, offended, as the indictment charges, in the person of a public minister by an assault committed on him by a private individual. It is a case, then, which affects the United States and the individual whom they seek to punish, but one in which the minister himself, although he was the person injured by the assault, has no concern, either in the event of the prosecution or in the costs attending it. ', (int) 17 => ' <p> It is ordered to be certified to the Circuit Court for the Eastern District of Pennsylvania that that court has jurisdiction of the matter charged in the indictment, the case not being one which affects an ambassador or other public minister. ', (int) 18 => ' <p> <em> Certificate accordingly. </em> ', (int) 19 => ' <br/> <br/> </div>' ) $paragraphAfter = (int) 1 $cnt = (int) 20 $i = (int) 1include - APP/View/Case/amp.ctp, line 144 View::_evaluate() - CORE/Cake/View/View.php, line 971 View::_render() - CORE/Cake/View/View.php, line 933 View::render() - CORE/Cake/View/View.php, line 473 Controller::render() - CORE/Cake/Controller/Controller.php, line 963 Dispatcher::_invoke() - CORE/Cake/Routing/Dispatcher.php, line 200 Dispatcher::dispatch() - CORE/Cake/Routing/Dispatcher.php, line 167 [main] - APP/webroot/index.php, line 109
24 U.S. (11 Wheat.) 467
Notice (8): Undefined variable: query [APP/View/Case/amp.ctp, line 144]Code Contextecho $this->Adsense->display('responsive_rect');
}
echo html_entity_decode($this->Wand->highlight($content[$i], $query));
$viewFile = '/home/legalcrystal/app/View/Case/amp.ctp' $dataForView = array( 'title_for_layout' => 'United States Vs Ortega - Citation 79079 - Court Judgment | ', 'desc' => array( 'Judgement' => array( 'id' => '79079', 'acts' => null, 'appealno' => '24 U.S. 467', 'appellant' => 'United States', 'authreffered' => null, 'casename' => 'United States Vs. Ortega', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1826-01-01', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<div> United States v. Ortega - 24 U.S. 467 (1826) <br /> <span> U.S. Supreme Court United States v. Ortega, 24 U.S. 11 Wheat. 467 467 (1826) </span> <p> <b> United States v. Ortega </b> </p> <p> <b> 24 U.S. (11 Wheat.) 467 </b> </p> <p> <b> </b> </p> <p> <em> ON CERTIFICATE OF DISAGREEMENT AMONG THE JUDGES OF THE CIRCUIT COURT </em> </p> <p> <em> OF THE UNITED STATES FOR THE EASTERN DISTRICT OF PENNSYLVANIA </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> An indictment under the crimes act of 1790, ch. 35, s. 37, for infracting the law of nations by offering violence to the person of a foreign minister is not a case "affecting ambassadors, other public ministers and consuls" within the second section of the Third Article of the Constitution of the United States. </p> <p> The circuit courts have jurisdiction of such an offense under the eleventh section of the Judiciary Act of 1789, ch. 20. </p> <p> <em> Quaere </em> whether the jurisdiction of the Supreme Court is not only original, but exclusive of the circuit court, in "cases affecting ambassadors, other public ministers and consuls" within the true construction of the second section of the third article of the Constitution </p> <p> MR. JUSTICE WASHINGTON delivered the opinion of the Court. </p> <p> The defendant, Juan Gualberto de Ortega, was indicted in the Circuit Court of the United States for the Eastern District of Pennsylvania for infracting the law of nations by offering violence to the person of Hilario de Rivas y Salmon, the charge d'affaires of his Catholic Majesty the King of Spain in the United States contrary to the law of nations and to the act of the Congress of the United States in such case provided. The jury having found a verdict of guilty, the defendant moved in arrest of judgment and assigned for cause </p> <p> "that the circuit court has not jurisdiction of the matter charged in the indictment, inasmuch as it is a case affecting an ambassador or other public minister." </p> <p> The opinions of the judges of that court upon this point being opposed, the cause comes before this Court upon a certificate of such disagreement. </p> <p> The questions to which the point certified by the court below gives rise are first, whether this is a case affecting an ambassador or other public minister within the meaning of the second section of the third article of the Constitution of the United States. If it be, then the next question would be whether the jurisdiction of the Supreme Court in such cases is not only original, but exclusive of the circuit courts under the true construction of the above section and article. </p> <p> The last question need not be decided in the present case, because the Court is clearly of </p> <p> <a class="page-number" id="469"> Page 24 U. S. 469 </a> </p> <p> opinion that this is not a case affecting a public minister within the plain meaning of the Constitution. It is that of a public prosecution instituted and conducted by and in the name of the United States for the purpose of vindicating the law of nations and that of the United States, offended, as the indictment charges, in the person of a public minister by an assault committed on him by a private individual. It is a case, then, which affects the United States and the individual whom they seek to punish, but one in which the minister himself, although he was the person injured by the assault, has no concern, either in the event of the prosecution or in the costs attending it. </p> <p> It is ordered to be certified to the Circuit Court for the Eastern District of Pennsylvania that that court has jurisdiction of the matter charged in the indictment, the case not being one which affects an ambassador or other public minister. </p> <p> <em> Certificate accordingly. </em> </p> <br /> <br /> </div>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Ortega', 'sub' => null, 'link' => '/cases/federal/us/24/467/', 'circuit' => null ) ), 'casename_url' => 'united-states-vs-ortega', 'args' => array( (int) 0 => '79079', (int) 1 => 'united-states-vs-ortega' ) ) $title_for_layout = 'United States Vs Ortega - Citation 79079 - Court Judgment | ' $desc = array( 'Judgement' => array( 'id' => '79079', 'acts' => null, 'appealno' => '24 U.S. 467', 'appellant' => 'United States', 'authreffered' => null, 'casename' => 'United States Vs. Ortega', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1826-01-01', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<div> United States v. Ortega - 24 U.S. 467 (1826) <br/> <span> U.S. Supreme Court United States v. Ortega, 24 U.S. 11 Wheat. 467 467 (1826) </span> <p> <b> United States v. Ortega </b> </p> <p> <b> 24 U.S. (11 Wheat.) 467 </b> </p> <p> <b> </b> </p> <p> <em> ON CERTIFICATE OF DISAGREEMENT AMONG THE JUDGES OF THE CIRCUIT COURT </em> </p> <p> <em> OF THE UNITED STATES FOR THE EASTERN DISTRICT OF PENNSYLVANIA </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> An indictment under the crimes act of 1790, ch. 35, s. 37, for infracting the law of nations by offering violence to the person of a foreign minister is not a case "affecting ambassadors, other public ministers and consuls" within the second section of the Third Article of the Constitution of the United States. </p> <p> The circuit courts have jurisdiction of such an offense under the eleventh section of the Judiciary Act of 1789, ch. 20. </p> <p> <em> Quaere </em> whether the jurisdiction of the Supreme Court is not only original, but exclusive of the circuit court, in "cases affecting ambassadors, other public ministers and consuls" within the true construction of the second section of the third article of the Constitution </p> <p> MR. JUSTICE WASHINGTON delivered the opinion of the Court. </p> <p> The defendant, Juan Gualberto de Ortega, was indicted in the Circuit Court of the United States for the Eastern District of Pennsylvania for infracting the law of nations by offering violence to the person of Hilario de Rivas y Salmon, the charge d'affaires of his Catholic Majesty the King of Spain in the United States contrary to the law of nations and to the act of the Congress of the United States in such case provided. The jury having found a verdict of guilty, the defendant moved in arrest of judgment and assigned for cause </p> <p> "that the circuit court has not jurisdiction of the matter charged in the indictment, inasmuch as it is a case affecting an ambassador or other public minister." </p> <p> The opinions of the judges of that court upon this point being opposed, the cause comes before this Court upon a certificate of such disagreement. </p> <p> The questions to which the point certified by the court below gives rise are first, whether this is a case affecting an ambassador or other public minister within the meaning of the second section of the third article of the Constitution of the United States. If it be, then the next question would be whether the jurisdiction of the Supreme Court in such cases is not only original, but exclusive of the circuit courts under the true construction of the above section and article. </p> <p> The last question need not be decided in the present case, because the Court is clearly of </p> <p> <a> Page 24 U. S. 469 </a> </p> <p> opinion that this is not a case affecting a public minister within the plain meaning of the Constitution. It is that of a public prosecution instituted and conducted by and in the name of the United States for the purpose of vindicating the law of nations and that of the United States, offended, as the indictment charges, in the person of a public minister by an assault committed on him by a private individual. It is a case, then, which affects the United States and the individual whom they seek to punish, but one in which the minister himself, although he was the person injured by the assault, has no concern, either in the event of the prosecution or in the costs attending it. </p> <p> It is ordered to be certified to the Circuit Court for the Eastern District of Pennsylvania that that court has jurisdiction of the matter charged in the indictment, the case not being one which affects an ambassador or other public minister. </p> <p> <em> Certificate accordingly. </em> </p> <br/> <br/> </div>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Ortega', 'sub' => null, 'link' => '/cases/federal/us/24/467/', 'circuit' => null ) ) $casename_url = 'united-states-vs-ortega' $args = array( (int) 0 => '79079', (int) 1 => 'united-states-vs-ortega' ) $url = 'https://sooperkanoon.com/case/amp/79079/united-states-vs-ortega' $ctype = '' $date = array( (int) 0 => 'Jan', (int) 1 => '01', (int) 2 => '1826' ) $content = array( (int) 0 => '<div> United States v. Ortega - 24 U.S. 467 (1826) <br/> <span> U.S. Supreme Court United States v. Ortega, 24 U.S. 11 Wheat. 467 467 (1826) </span> <p> <b> United States v. Ortega </b> ', (int) 1 => ' <p> <b> 24 U.S. (11 Wheat.) 467 </b> ', (int) 2 => ' <p> <b> </b> ', (int) 3 => ' <p> <em> ON CERTIFICATE OF DISAGREEMENT AMONG THE JUDGES OF THE CIRCUIT COURT </em> ', (int) 4 => ' <p> <em> OF THE UNITED STATES FOR THE EASTERN DISTRICT OF PENNSYLVANIA </em> ', (int) 5 => ' <p> <em> </em> <em> Syllabus </em> ', (int) 6 => ' <p> An indictment under the crimes act of 1790, ch. 35, s. 37, for infracting the law of nations by offering violence to the person of a foreign minister is not a case "affecting ambassadors, other public ministers and consuls" within the second section of the Third Article of the Constitution of the United States. ', (int) 7 => ' <p> The circuit courts have jurisdiction of such an offense under the eleventh section of the Judiciary Act of 1789, ch. 20. ', (int) 8 => ' <p> <em> Quaere </em> whether the jurisdiction of the Supreme Court is not only original, but exclusive of the circuit court, in "cases affecting ambassadors, other public ministers and consuls" within the true construction of the second section of the third article of the Constitution ', (int) 9 => ' <p> MR. JUSTICE WASHINGTON delivered the opinion of the Court. ', (int) 10 => ' <p> The defendant, Juan Gualberto de Ortega, was indicted in the Circuit Court of the United States for the Eastern District of Pennsylvania for infracting the law of nations by offering violence to the person of Hilario de Rivas y Salmon, the charge d'affaires of his Catholic Majesty the King of Spain in the United States contrary to the law of nations and to the act of the Congress of the United States in such case provided. The jury having found a verdict of guilty, the defendant moved in arrest of judgment and assigned for cause ', (int) 11 => ' <p> "that the circuit court has not jurisdiction of the matter charged in the indictment, inasmuch as it is a case affecting an ambassador or other public minister." ', (int) 12 => ' <p> The opinions of the judges of that court upon this point being opposed, the cause comes before this Court upon a certificate of such disagreement. ', (int) 13 => ' <p> The questions to which the point certified by the court below gives rise are first, whether this is a case affecting an ambassador or other public minister within the meaning of the second section of the third article of the Constitution of the United States. If it be, then the next question would be whether the jurisdiction of the Supreme Court in such cases is not only original, but exclusive of the circuit courts under the true construction of the above section and article. ', (int) 14 => ' <p> The last question need not be decided in the present case, because the Court is clearly of ', (int) 15 => ' <p> <a> Page 24 U. S. 469 </a> ', (int) 16 => ' <p> opinion that this is not a case affecting a public minister within the plain meaning of the Constitution. It is that of a public prosecution instituted and conducted by and in the name of the United States for the purpose of vindicating the law of nations and that of the United States, offended, as the indictment charges, in the person of a public minister by an assault committed on him by a private individual. It is a case, then, which affects the United States and the individual whom they seek to punish, but one in which the minister himself, although he was the person injured by the assault, has no concern, either in the event of the prosecution or in the costs attending it. ', (int) 17 => ' <p> It is ordered to be certified to the Circuit Court for the Eastern District of Pennsylvania that that court has jurisdiction of the matter charged in the indictment, the case not being one which affects an ambassador or other public minister. ', (int) 18 => ' <p> <em> Certificate accordingly. </em> ', (int) 19 => ' <br/> <br/> </div>' ) $paragraphAfter = (int) 1 $cnt = (int) 20 $i = (int) 2include - APP/View/Case/amp.ctp, line 144 View::_evaluate() - CORE/Cake/View/View.php, line 971 View::_render() - CORE/Cake/View/View.php, line 933 View::render() - CORE/Cake/View/View.php, line 473 Controller::render() - CORE/Cake/Controller/Controller.php, line 963 Dispatcher::_invoke() - CORE/Cake/Routing/Dispatcher.php, line 200 Dispatcher::dispatch() - CORE/Cake/Routing/Dispatcher.php, line 167 [main] - APP/webroot/index.php, line 109
Notice (8): Undefined variable: query [APP/View/Case/amp.ctp, line 144]Code Contextecho $this->Adsense->display('responsive_rect');
}
echo html_entity_decode($this->Wand->highlight($content[$i], $query));
$viewFile = '/home/legalcrystal/app/View/Case/amp.ctp' $dataForView = array( 'title_for_layout' => 'United States Vs Ortega - Citation 79079 - Court Judgment | ', 'desc' => array( 'Judgement' => array( 'id' => '79079', 'acts' => null, 'appealno' => '24 U.S. 467', 'appellant' => 'United States', 'authreffered' => null, 'casename' => 'United States Vs. Ortega', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1826-01-01', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<div> United States v. Ortega - 24 U.S. 467 (1826) <br /> <span> U.S. Supreme Court United States v. Ortega, 24 U.S. 11 Wheat. 467 467 (1826) </span> <p> <b> United States v. Ortega </b> </p> <p> <b> 24 U.S. (11 Wheat.) 467 </b> </p> <p> <b> </b> </p> <p> <em> ON CERTIFICATE OF DISAGREEMENT AMONG THE JUDGES OF THE CIRCUIT COURT </em> </p> <p> <em> OF THE UNITED STATES FOR THE EASTERN DISTRICT OF PENNSYLVANIA </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> An indictment under the crimes act of 1790, ch. 35, s. 37, for infracting the law of nations by offering violence to the person of a foreign minister is not a case "affecting ambassadors, other public ministers and consuls" within the second section of the Third Article of the Constitution of the United States. </p> <p> The circuit courts have jurisdiction of such an offense under the eleventh section of the Judiciary Act of 1789, ch. 20. </p> <p> <em> Quaere </em> whether the jurisdiction of the Supreme Court is not only original, but exclusive of the circuit court, in "cases affecting ambassadors, other public ministers and consuls" within the true construction of the second section of the third article of the Constitution </p> <p> MR. JUSTICE WASHINGTON delivered the opinion of the Court. </p> <p> The defendant, Juan Gualberto de Ortega, was indicted in the Circuit Court of the United States for the Eastern District of Pennsylvania for infracting the law of nations by offering violence to the person of Hilario de Rivas y Salmon, the charge d'affaires of his Catholic Majesty the King of Spain in the United States contrary to the law of nations and to the act of the Congress of the United States in such case provided. The jury having found a verdict of guilty, the defendant moved in arrest of judgment and assigned for cause </p> <p> "that the circuit court has not jurisdiction of the matter charged in the indictment, inasmuch as it is a case affecting an ambassador or other public minister." </p> <p> The opinions of the judges of that court upon this point being opposed, the cause comes before this Court upon a certificate of such disagreement. </p> <p> The questions to which the point certified by the court below gives rise are first, whether this is a case affecting an ambassador or other public minister within the meaning of the second section of the third article of the Constitution of the United States. If it be, then the next question would be whether the jurisdiction of the Supreme Court in such cases is not only original, but exclusive of the circuit courts under the true construction of the above section and article. </p> <p> The last question need not be decided in the present case, because the Court is clearly of </p> <p> <a class="page-number" id="469"> Page 24 U. S. 469 </a> </p> <p> opinion that this is not a case affecting a public minister within the plain meaning of the Constitution. It is that of a public prosecution instituted and conducted by and in the name of the United States for the purpose of vindicating the law of nations and that of the United States, offended, as the indictment charges, in the person of a public minister by an assault committed on him by a private individual. It is a case, then, which affects the United States and the individual whom they seek to punish, but one in which the minister himself, although he was the person injured by the assault, has no concern, either in the event of the prosecution or in the costs attending it. </p> <p> It is ordered to be certified to the Circuit Court for the Eastern District of Pennsylvania that that court has jurisdiction of the matter charged in the indictment, the case not being one which affects an ambassador or other public minister. </p> <p> <em> Certificate accordingly. </em> </p> <br /> <br /> </div>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Ortega', 'sub' => null, 'link' => '/cases/federal/us/24/467/', 'circuit' => null ) ), 'casename_url' => 'united-states-vs-ortega', 'args' => array( (int) 0 => '79079', (int) 1 => 'united-states-vs-ortega' ) ) $title_for_layout = 'United States Vs Ortega - Citation 79079 - Court Judgment | ' $desc = array( 'Judgement' => array( 'id' => '79079', 'acts' => null, 'appealno' => '24 U.S. 467', 'appellant' => 'United States', 'authreffered' => null, 'casename' => 'United States Vs. Ortega', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1826-01-01', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<div> United States v. Ortega - 24 U.S. 467 (1826) <br/> <span> U.S. Supreme Court United States v. Ortega, 24 U.S. 11 Wheat. 467 467 (1826) </span> <p> <b> United States v. Ortega </b> </p> <p> <b> 24 U.S. (11 Wheat.) 467 </b> </p> <p> <b> </b> </p> <p> <em> ON CERTIFICATE OF DISAGREEMENT AMONG THE JUDGES OF THE CIRCUIT COURT </em> </p> <p> <em> OF THE UNITED STATES FOR THE EASTERN DISTRICT OF PENNSYLVANIA </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> An indictment under the crimes act of 1790, ch. 35, s. 37, for infracting the law of nations by offering violence to the person of a foreign minister is not a case "affecting ambassadors, other public ministers and consuls" within the second section of the Third Article of the Constitution of the United States. </p> <p> The circuit courts have jurisdiction of such an offense under the eleventh section of the Judiciary Act of 1789, ch. 20. </p> <p> <em> Quaere </em> whether the jurisdiction of the Supreme Court is not only original, but exclusive of the circuit court, in "cases affecting ambassadors, other public ministers and consuls" within the true construction of the second section of the third article of the Constitution </p> <p> MR. JUSTICE WASHINGTON delivered the opinion of the Court. </p> <p> The defendant, Juan Gualberto de Ortega, was indicted in the Circuit Court of the United States for the Eastern District of Pennsylvania for infracting the law of nations by offering violence to the person of Hilario de Rivas y Salmon, the charge d'affaires of his Catholic Majesty the King of Spain in the United States contrary to the law of nations and to the act of the Congress of the United States in such case provided. The jury having found a verdict of guilty, the defendant moved in arrest of judgment and assigned for cause </p> <p> "that the circuit court has not jurisdiction of the matter charged in the indictment, inasmuch as it is a case affecting an ambassador or other public minister." </p> <p> The opinions of the judges of that court upon this point being opposed, the cause comes before this Court upon a certificate of such disagreement. </p> <p> The questions to which the point certified by the court below gives rise are first, whether this is a case affecting an ambassador or other public minister within the meaning of the second section of the third article of the Constitution of the United States. If it be, then the next question would be whether the jurisdiction of the Supreme Court in such cases is not only original, but exclusive of the circuit courts under the true construction of the above section and article. </p> <p> The last question need not be decided in the present case, because the Court is clearly of </p> <p> <a> Page 24 U. S. 469 </a> </p> <p> opinion that this is not a case affecting a public minister within the plain meaning of the Constitution. It is that of a public prosecution instituted and conducted by and in the name of the United States for the purpose of vindicating the law of nations and that of the United States, offended, as the indictment charges, in the person of a public minister by an assault committed on him by a private individual. It is a case, then, which affects the United States and the individual whom they seek to punish, but one in which the minister himself, although he was the person injured by the assault, has no concern, either in the event of the prosecution or in the costs attending it. </p> <p> It is ordered to be certified to the Circuit Court for the Eastern District of Pennsylvania that that court has jurisdiction of the matter charged in the indictment, the case not being one which affects an ambassador or other public minister. </p> <p> <em> Certificate accordingly. </em> </p> <br/> <br/> </div>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Ortega', 'sub' => null, 'link' => '/cases/federal/us/24/467/', 'circuit' => null ) ) $casename_url = 'united-states-vs-ortega' $args = array( (int) 0 => '79079', (int) 1 => 'united-states-vs-ortega' ) $url = 'https://sooperkanoon.com/case/amp/79079/united-states-vs-ortega' $ctype = '' $date = array( (int) 0 => 'Jan', (int) 1 => '01', (int) 2 => '1826' ) $content = array( (int) 0 => '<div> United States v. Ortega - 24 U.S. 467 (1826) <br/> <span> U.S. Supreme Court United States v. Ortega, 24 U.S. 11 Wheat. 467 467 (1826) </span> <p> <b> United States v. Ortega </b> ', (int) 1 => ' <p> <b> 24 U.S. (11 Wheat.) 467 </b> ', (int) 2 => ' <p> <b> </b> ', (int) 3 => ' <p> <em> ON CERTIFICATE OF DISAGREEMENT AMONG THE JUDGES OF THE CIRCUIT COURT </em> ', (int) 4 => ' <p> <em> OF THE UNITED STATES FOR THE EASTERN DISTRICT OF PENNSYLVANIA </em> ', (int) 5 => ' <p> <em> </em> <em> Syllabus </em> ', (int) 6 => ' <p> An indictment under the crimes act of 1790, ch. 35, s. 37, for infracting the law of nations by offering violence to the person of a foreign minister is not a case "affecting ambassadors, other public ministers and consuls" within the second section of the Third Article of the Constitution of the United States. ', (int) 7 => ' <p> The circuit courts have jurisdiction of such an offense under the eleventh section of the Judiciary Act of 1789, ch. 20. ', (int) 8 => ' <p> <em> Quaere </em> whether the jurisdiction of the Supreme Court is not only original, but exclusive of the circuit court, in "cases affecting ambassadors, other public ministers and consuls" within the true construction of the second section of the third article of the Constitution ', (int) 9 => ' <p> MR. JUSTICE WASHINGTON delivered the opinion of the Court. ', (int) 10 => ' <p> The defendant, Juan Gualberto de Ortega, was indicted in the Circuit Court of the United States for the Eastern District of Pennsylvania for infracting the law of nations by offering violence to the person of Hilario de Rivas y Salmon, the charge d'affaires of his Catholic Majesty the King of Spain in the United States contrary to the law of nations and to the act of the Congress of the United States in such case provided. The jury having found a verdict of guilty, the defendant moved in arrest of judgment and assigned for cause ', (int) 11 => ' <p> "that the circuit court has not jurisdiction of the matter charged in the indictment, inasmuch as it is a case affecting an ambassador or other public minister." ', (int) 12 => ' <p> The opinions of the judges of that court upon this point being opposed, the cause comes before this Court upon a certificate of such disagreement. ', (int) 13 => ' <p> The questions to which the point certified by the court below gives rise are first, whether this is a case affecting an ambassador or other public minister within the meaning of the second section of the third article of the Constitution of the United States. If it be, then the next question would be whether the jurisdiction of the Supreme Court in such cases is not only original, but exclusive of the circuit courts under the true construction of the above section and article. ', (int) 14 => ' <p> The last question need not be decided in the present case, because the Court is clearly of ', (int) 15 => ' <p> <a> Page 24 U. S. 469 </a> ', (int) 16 => ' <p> opinion that this is not a case affecting a public minister within the plain meaning of the Constitution. It is that of a public prosecution instituted and conducted by and in the name of the United States for the purpose of vindicating the law of nations and that of the United States, offended, as the indictment charges, in the person of a public minister by an assault committed on him by a private individual. It is a case, then, which affects the United States and the individual whom they seek to punish, but one in which the minister himself, although he was the person injured by the assault, has no concern, either in the event of the prosecution or in the costs attending it. ', (int) 17 => ' <p> It is ordered to be certified to the Circuit Court for the Eastern District of Pennsylvania that that court has jurisdiction of the matter charged in the indictment, the case not being one which affects an ambassador or other public minister. ', (int) 18 => ' <p> <em> Certificate accordingly. </em> ', (int) 19 => ' <br/> <br/> </div>' ) $paragraphAfter = (int) 1 $cnt = (int) 20 $i = (int) 3include - APP/View/Case/amp.ctp, line 144 View::_evaluate() - CORE/Cake/View/View.php, line 971 View::_render() - CORE/Cake/View/View.php, line 933 View::render() - CORE/Cake/View/View.php, line 473 Controller::render() - CORE/Cake/Controller/Controller.php, line 963 Dispatcher::_invoke() - CORE/Cake/Routing/Dispatcher.php, line 200 Dispatcher::dispatch() - CORE/Cake/Routing/Dispatcher.php, line 167 [main] - APP/webroot/index.php, line 109
ON CERTIFICATE OF DISAGREEMENT AMONG THE JUDGES OF THE CIRCUIT COURT
Notice (8): Undefined variable: query [APP/View/Case/amp.ctp, line 144]Code Contextecho $this->Adsense->display('responsive_rect');
}
echo html_entity_decode($this->Wand->highlight($content[$i], $query));
$viewFile = '/home/legalcrystal/app/View/Case/amp.ctp' $dataForView = array( 'title_for_layout' => 'United States Vs Ortega - Citation 79079 - Court Judgment | ', 'desc' => array( 'Judgement' => array( 'id' => '79079', 'acts' => null, 'appealno' => '24 U.S. 467', 'appellant' => 'United States', 'authreffered' => null, 'casename' => 'United States Vs. Ortega', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1826-01-01', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<div> United States v. Ortega - 24 U.S. 467 (1826) <br /> <span> U.S. Supreme Court United States v. Ortega, 24 U.S. 11 Wheat. 467 467 (1826) </span> <p> <b> United States v. Ortega </b> </p> <p> <b> 24 U.S. (11 Wheat.) 467 </b> </p> <p> <b> </b> </p> <p> <em> ON CERTIFICATE OF DISAGREEMENT AMONG THE JUDGES OF THE CIRCUIT COURT </em> </p> <p> <em> OF THE UNITED STATES FOR THE EASTERN DISTRICT OF PENNSYLVANIA </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> An indictment under the crimes act of 1790, ch. 35, s. 37, for infracting the law of nations by offering violence to the person of a foreign minister is not a case "affecting ambassadors, other public ministers and consuls" within the second section of the Third Article of the Constitution of the United States. </p> <p> The circuit courts have jurisdiction of such an offense under the eleventh section of the Judiciary Act of 1789, ch. 20. </p> <p> <em> Quaere </em> whether the jurisdiction of the Supreme Court is not only original, but exclusive of the circuit court, in "cases affecting ambassadors, other public ministers and consuls" within the true construction of the second section of the third article of the Constitution </p> <p> MR. JUSTICE WASHINGTON delivered the opinion of the Court. </p> <p> The defendant, Juan Gualberto de Ortega, was indicted in the Circuit Court of the United States for the Eastern District of Pennsylvania for infracting the law of nations by offering violence to the person of Hilario de Rivas y Salmon, the charge d'affaires of his Catholic Majesty the King of Spain in the United States contrary to the law of nations and to the act of the Congress of the United States in such case provided. The jury having found a verdict of guilty, the defendant moved in arrest of judgment and assigned for cause </p> <p> "that the circuit court has not jurisdiction of the matter charged in the indictment, inasmuch as it is a case affecting an ambassador or other public minister." </p> <p> The opinions of the judges of that court upon this point being opposed, the cause comes before this Court upon a certificate of such disagreement. </p> <p> The questions to which the point certified by the court below gives rise are first, whether this is a case affecting an ambassador or other public minister within the meaning of the second section of the third article of the Constitution of the United States. If it be, then the next question would be whether the jurisdiction of the Supreme Court in such cases is not only original, but exclusive of the circuit courts under the true construction of the above section and article. </p> <p> The last question need not be decided in the present case, because the Court is clearly of </p> <p> <a class="page-number" id="469"> Page 24 U. S. 469 </a> </p> <p> opinion that this is not a case affecting a public minister within the plain meaning of the Constitution. It is that of a public prosecution instituted and conducted by and in the name of the United States for the purpose of vindicating the law of nations and that of the United States, offended, as the indictment charges, in the person of a public minister by an assault committed on him by a private individual. It is a case, then, which affects the United States and the individual whom they seek to punish, but one in which the minister himself, although he was the person injured by the assault, has no concern, either in the event of the prosecution or in the costs attending it. </p> <p> It is ordered to be certified to the Circuit Court for the Eastern District of Pennsylvania that that court has jurisdiction of the matter charged in the indictment, the case not being one which affects an ambassador or other public minister. </p> <p> <em> Certificate accordingly. </em> </p> <br /> <br /> </div>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Ortega', 'sub' => null, 'link' => '/cases/federal/us/24/467/', 'circuit' => null ) ), 'casename_url' => 'united-states-vs-ortega', 'args' => array( (int) 0 => '79079', (int) 1 => 'united-states-vs-ortega' ) ) $title_for_layout = 'United States Vs Ortega - Citation 79079 - Court Judgment | ' $desc = array( 'Judgement' => array( 'id' => '79079', 'acts' => null, 'appealno' => '24 U.S. 467', 'appellant' => 'United States', 'authreffered' => null, 'casename' => 'United States Vs. Ortega', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1826-01-01', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<div> United States v. Ortega - 24 U.S. 467 (1826) <br/> <span> U.S. Supreme Court United States v. Ortega, 24 U.S. 11 Wheat. 467 467 (1826) </span> <p> <b> United States v. Ortega </b> </p> <p> <b> 24 U.S. (11 Wheat.) 467 </b> </p> <p> <b> </b> </p> <p> <em> ON CERTIFICATE OF DISAGREEMENT AMONG THE JUDGES OF THE CIRCUIT COURT </em> </p> <p> <em> OF THE UNITED STATES FOR THE EASTERN DISTRICT OF PENNSYLVANIA </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> An indictment under the crimes act of 1790, ch. 35, s. 37, for infracting the law of nations by offering violence to the person of a foreign minister is not a case "affecting ambassadors, other public ministers and consuls" within the second section of the Third Article of the Constitution of the United States. </p> <p> The circuit courts have jurisdiction of such an offense under the eleventh section of the Judiciary Act of 1789, ch. 20. </p> <p> <em> Quaere </em> whether the jurisdiction of the Supreme Court is not only original, but exclusive of the circuit court, in "cases affecting ambassadors, other public ministers and consuls" within the true construction of the second section of the third article of the Constitution </p> <p> MR. JUSTICE WASHINGTON delivered the opinion of the Court. </p> <p> The defendant, Juan Gualberto de Ortega, was indicted in the Circuit Court of the United States for the Eastern District of Pennsylvania for infracting the law of nations by offering violence to the person of Hilario de Rivas y Salmon, the charge d'affaires of his Catholic Majesty the King of Spain in the United States contrary to the law of nations and to the act of the Congress of the United States in such case provided. The jury having found a verdict of guilty, the defendant moved in arrest of judgment and assigned for cause </p> <p> "that the circuit court has not jurisdiction of the matter charged in the indictment, inasmuch as it is a case affecting an ambassador or other public minister." </p> <p> The opinions of the judges of that court upon this point being opposed, the cause comes before this Court upon a certificate of such disagreement. </p> <p> The questions to which the point certified by the court below gives rise are first, whether this is a case affecting an ambassador or other public minister within the meaning of the second section of the third article of the Constitution of the United States. If it be, then the next question would be whether the jurisdiction of the Supreme Court in such cases is not only original, but exclusive of the circuit courts under the true construction of the above section and article. </p> <p> The last question need not be decided in the present case, because the Court is clearly of </p> <p> <a> Page 24 U. S. 469 </a> </p> <p> opinion that this is not a case affecting a public minister within the plain meaning of the Constitution. It is that of a public prosecution instituted and conducted by and in the name of the United States for the purpose of vindicating the law of nations and that of the United States, offended, as the indictment charges, in the person of a public minister by an assault committed on him by a private individual. It is a case, then, which affects the United States and the individual whom they seek to punish, but one in which the minister himself, although he was the person injured by the assault, has no concern, either in the event of the prosecution or in the costs attending it. </p> <p> It is ordered to be certified to the Circuit Court for the Eastern District of Pennsylvania that that court has jurisdiction of the matter charged in the indictment, the case not being one which affects an ambassador or other public minister. </p> <p> <em> Certificate accordingly. </em> </p> <br/> <br/> </div>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Ortega', 'sub' => null, 'link' => '/cases/federal/us/24/467/', 'circuit' => null ) ) $casename_url = 'united-states-vs-ortega' $args = array( (int) 0 => '79079', (int) 1 => 'united-states-vs-ortega' ) $url = 'https://sooperkanoon.com/case/amp/79079/united-states-vs-ortega' $ctype = '' $date = array( (int) 0 => 'Jan', (int) 1 => '01', (int) 2 => '1826' ) $content = array( (int) 0 => '<div> United States v. Ortega - 24 U.S. 467 (1826) <br/> <span> U.S. Supreme Court United States v. Ortega, 24 U.S. 11 Wheat. 467 467 (1826) </span> <p> <b> United States v. Ortega </b> ', (int) 1 => ' <p> <b> 24 U.S. (11 Wheat.) 467 </b> ', (int) 2 => ' <p> <b> </b> ', (int) 3 => ' <p> <em> ON CERTIFICATE OF DISAGREEMENT AMONG THE JUDGES OF THE CIRCUIT COURT </em> ', (int) 4 => ' <p> <em> OF THE UNITED STATES FOR THE EASTERN DISTRICT OF PENNSYLVANIA </em> ', (int) 5 => ' <p> <em> </em> <em> Syllabus </em> ', (int) 6 => ' <p> An indictment under the crimes act of 1790, ch. 35, s. 37, for infracting the law of nations by offering violence to the person of a foreign minister is not a case "affecting ambassadors, other public ministers and consuls" within the second section of the Third Article of the Constitution of the United States. ', (int) 7 => ' <p> The circuit courts have jurisdiction of such an offense under the eleventh section of the Judiciary Act of 1789, ch. 20. ', (int) 8 => ' <p> <em> Quaere </em> whether the jurisdiction of the Supreme Court is not only original, but exclusive of the circuit court, in "cases affecting ambassadors, other public ministers and consuls" within the true construction of the second section of the third article of the Constitution ', (int) 9 => ' <p> MR. JUSTICE WASHINGTON delivered the opinion of the Court. ', (int) 10 => ' <p> The defendant, Juan Gualberto de Ortega, was indicted in the Circuit Court of the United States for the Eastern District of Pennsylvania for infracting the law of nations by offering violence to the person of Hilario de Rivas y Salmon, the charge d'affaires of his Catholic Majesty the King of Spain in the United States contrary to the law of nations and to the act of the Congress of the United States in such case provided. The jury having found a verdict of guilty, the defendant moved in arrest of judgment and assigned for cause ', (int) 11 => ' <p> "that the circuit court has not jurisdiction of the matter charged in the indictment, inasmuch as it is a case affecting an ambassador or other public minister." ', (int) 12 => ' <p> The opinions of the judges of that court upon this point being opposed, the cause comes before this Court upon a certificate of such disagreement. ', (int) 13 => ' <p> The questions to which the point certified by the court below gives rise are first, whether this is a case affecting an ambassador or other public minister within the meaning of the second section of the third article of the Constitution of the United States. If it be, then the next question would be whether the jurisdiction of the Supreme Court in such cases is not only original, but exclusive of the circuit courts under the true construction of the above section and article. ', (int) 14 => ' <p> The last question need not be decided in the present case, because the Court is clearly of ', (int) 15 => ' <p> <a> Page 24 U. S. 469 </a> ', (int) 16 => ' <p> opinion that this is not a case affecting a public minister within the plain meaning of the Constitution. It is that of a public prosecution instituted and conducted by and in the name of the United States for the purpose of vindicating the law of nations and that of the United States, offended, as the indictment charges, in the person of a public minister by an assault committed on him by a private individual. It is a case, then, which affects the United States and the individual whom they seek to punish, but one in which the minister himself, although he was the person injured by the assault, has no concern, either in the event of the prosecution or in the costs attending it. ', (int) 17 => ' <p> It is ordered to be certified to the Circuit Court for the Eastern District of Pennsylvania that that court has jurisdiction of the matter charged in the indictment, the case not being one which affects an ambassador or other public minister. ', (int) 18 => ' <p> <em> Certificate accordingly. </em> ', (int) 19 => ' <br/> <br/> </div>' ) $paragraphAfter = (int) 1 $cnt = (int) 20 $i = (int) 4include - APP/View/Case/amp.ctp, line 144 View::_evaluate() - CORE/Cake/View/View.php, line 971 View::_render() - CORE/Cake/View/View.php, line 933 View::render() - CORE/Cake/View/View.php, line 473 Controller::render() - CORE/Cake/Controller/Controller.php, line 963 Dispatcher::_invoke() - CORE/Cake/Routing/Dispatcher.php, line 200 Dispatcher::dispatch() - CORE/Cake/Routing/Dispatcher.php, line 167 [main] - APP/webroot/index.php, line 109
OF THE UNITED STATES FOR THE EASTERN DISTRICT OF PENNSYLVANIA
Notice (8): Undefined variable: query [APP/View/Case/amp.ctp, line 144]Code Contextecho $this->Adsense->display('responsive_rect');
}
echo html_entity_decode($this->Wand->highlight($content[$i], $query));
$viewFile = '/home/legalcrystal/app/View/Case/amp.ctp' $dataForView = array( 'title_for_layout' => 'United States Vs Ortega - Citation 79079 - Court Judgment | ', 'desc' => array( 'Judgement' => array( 'id' => '79079', 'acts' => null, 'appealno' => '24 U.S. 467', 'appellant' => 'United States', 'authreffered' => null, 'casename' => 'United States Vs. Ortega', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1826-01-01', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<div> United States v. Ortega - 24 U.S. 467 (1826) <br /> <span> U.S. Supreme Court United States v. Ortega, 24 U.S. 11 Wheat. 467 467 (1826) </span> <p> <b> United States v. Ortega </b> </p> <p> <b> 24 U.S. (11 Wheat.) 467 </b> </p> <p> <b> </b> </p> <p> <em> ON CERTIFICATE OF DISAGREEMENT AMONG THE JUDGES OF THE CIRCUIT COURT </em> </p> <p> <em> OF THE UNITED STATES FOR THE EASTERN DISTRICT OF PENNSYLVANIA </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> An indictment under the crimes act of 1790, ch. 35, s. 37, for infracting the law of nations by offering violence to the person of a foreign minister is not a case "affecting ambassadors, other public ministers and consuls" within the second section of the Third Article of the Constitution of the United States. </p> <p> The circuit courts have jurisdiction of such an offense under the eleventh section of the Judiciary Act of 1789, ch. 20. </p> <p> <em> Quaere </em> whether the jurisdiction of the Supreme Court is not only original, but exclusive of the circuit court, in "cases affecting ambassadors, other public ministers and consuls" within the true construction of the second section of the third article of the Constitution </p> <p> MR. JUSTICE WASHINGTON delivered the opinion of the Court. </p> <p> The defendant, Juan Gualberto de Ortega, was indicted in the Circuit Court of the United States for the Eastern District of Pennsylvania for infracting the law of nations by offering violence to the person of Hilario de Rivas y Salmon, the charge d'affaires of his Catholic Majesty the King of Spain in the United States contrary to the law of nations and to the act of the Congress of the United States in such case provided. The jury having found a verdict of guilty, the defendant moved in arrest of judgment and assigned for cause </p> <p> "that the circuit court has not jurisdiction of the matter charged in the indictment, inasmuch as it is a case affecting an ambassador or other public minister." </p> <p> The opinions of the judges of that court upon this point being opposed, the cause comes before this Court upon a certificate of such disagreement. </p> <p> The questions to which the point certified by the court below gives rise are first, whether this is a case affecting an ambassador or other public minister within the meaning of the second section of the third article of the Constitution of the United States. If it be, then the next question would be whether the jurisdiction of the Supreme Court in such cases is not only original, but exclusive of the circuit courts under the true construction of the above section and article. </p> <p> The last question need not be decided in the present case, because the Court is clearly of </p> <p> <a class="page-number" id="469"> Page 24 U. S. 469 </a> </p> <p> opinion that this is not a case affecting a public minister within the plain meaning of the Constitution. It is that of a public prosecution instituted and conducted by and in the name of the United States for the purpose of vindicating the law of nations and that of the United States, offended, as the indictment charges, in the person of a public minister by an assault committed on him by a private individual. It is a case, then, which affects the United States and the individual whom they seek to punish, but one in which the minister himself, although he was the person injured by the assault, has no concern, either in the event of the prosecution or in the costs attending it. </p> <p> It is ordered to be certified to the Circuit Court for the Eastern District of Pennsylvania that that court has jurisdiction of the matter charged in the indictment, the case not being one which affects an ambassador or other public minister. </p> <p> <em> Certificate accordingly. </em> </p> <br /> <br /> </div>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Ortega', 'sub' => null, 'link' => '/cases/federal/us/24/467/', 'circuit' => null ) ), 'casename_url' => 'united-states-vs-ortega', 'args' => array( (int) 0 => '79079', (int) 1 => 'united-states-vs-ortega' ) ) $title_for_layout = 'United States Vs Ortega - Citation 79079 - Court Judgment | ' $desc = array( 'Judgement' => array( 'id' => '79079', 'acts' => null, 'appealno' => '24 U.S. 467', 'appellant' => 'United States', 'authreffered' => null, 'casename' => 'United States Vs. Ortega', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1826-01-01', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<div> United States v. Ortega - 24 U.S. 467 (1826) <br/> <span> U.S. Supreme Court United States v. Ortega, 24 U.S. 11 Wheat. 467 467 (1826) </span> <p> <b> United States v. Ortega </b> </p> <p> <b> 24 U.S. (11 Wheat.) 467 </b> </p> <p> <b> </b> </p> <p> <em> ON CERTIFICATE OF DISAGREEMENT AMONG THE JUDGES OF THE CIRCUIT COURT </em> </p> <p> <em> OF THE UNITED STATES FOR THE EASTERN DISTRICT OF PENNSYLVANIA </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> An indictment under the crimes act of 1790, ch. 35, s. 37, for infracting the law of nations by offering violence to the person of a foreign minister is not a case "affecting ambassadors, other public ministers and consuls" within the second section of the Third Article of the Constitution of the United States. </p> <p> The circuit courts have jurisdiction of such an offense under the eleventh section of the Judiciary Act of 1789, ch. 20. </p> <p> <em> Quaere </em> whether the jurisdiction of the Supreme Court is not only original, but exclusive of the circuit court, in "cases affecting ambassadors, other public ministers and consuls" within the true construction of the second section of the third article of the Constitution </p> <p> MR. JUSTICE WASHINGTON delivered the opinion of the Court. </p> <p> The defendant, Juan Gualberto de Ortega, was indicted in the Circuit Court of the United States for the Eastern District of Pennsylvania for infracting the law of nations by offering violence to the person of Hilario de Rivas y Salmon, the charge d'affaires of his Catholic Majesty the King of Spain in the United States contrary to the law of nations and to the act of the Congress of the United States in such case provided. The jury having found a verdict of guilty, the defendant moved in arrest of judgment and assigned for cause </p> <p> "that the circuit court has not jurisdiction of the matter charged in the indictment, inasmuch as it is a case affecting an ambassador or other public minister." </p> <p> The opinions of the judges of that court upon this point being opposed, the cause comes before this Court upon a certificate of such disagreement. </p> <p> The questions to which the point certified by the court below gives rise are first, whether this is a case affecting an ambassador or other public minister within the meaning of the second section of the third article of the Constitution of the United States. If it be, then the next question would be whether the jurisdiction of the Supreme Court in such cases is not only original, but exclusive of the circuit courts under the true construction of the above section and article. </p> <p> The last question need not be decided in the present case, because the Court is clearly of </p> <p> <a> Page 24 U. S. 469 </a> </p> <p> opinion that this is not a case affecting a public minister within the plain meaning of the Constitution. It is that of a public prosecution instituted and conducted by and in the name of the United States for the purpose of vindicating the law of nations and that of the United States, offended, as the indictment charges, in the person of a public minister by an assault committed on him by a private individual. It is a case, then, which affects the United States and the individual whom they seek to punish, but one in which the minister himself, although he was the person injured by the assault, has no concern, either in the event of the prosecution or in the costs attending it. </p> <p> It is ordered to be certified to the Circuit Court for the Eastern District of Pennsylvania that that court has jurisdiction of the matter charged in the indictment, the case not being one which affects an ambassador or other public minister. </p> <p> <em> Certificate accordingly. </em> </p> <br/> <br/> </div>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Ortega', 'sub' => null, 'link' => '/cases/federal/us/24/467/', 'circuit' => null ) ) $casename_url = 'united-states-vs-ortega' $args = array( (int) 0 => '79079', (int) 1 => 'united-states-vs-ortega' ) $url = 'https://sooperkanoon.com/case/amp/79079/united-states-vs-ortega' $ctype = '' $date = array( (int) 0 => 'Jan', (int) 1 => '01', (int) 2 => '1826' ) $content = array( (int) 0 => '<div> United States v. Ortega - 24 U.S. 467 (1826) <br/> <span> U.S. Supreme Court United States v. Ortega, 24 U.S. 11 Wheat. 467 467 (1826) </span> <p> <b> United States v. Ortega </b> ', (int) 1 => ' <p> <b> 24 U.S. (11 Wheat.) 467 </b> ', (int) 2 => ' <p> <b> </b> ', (int) 3 => ' <p> <em> ON CERTIFICATE OF DISAGREEMENT AMONG THE JUDGES OF THE CIRCUIT COURT </em> ', (int) 4 => ' <p> <em> OF THE UNITED STATES FOR THE EASTERN DISTRICT OF PENNSYLVANIA </em> ', (int) 5 => ' <p> <em> </em> <em> Syllabus </em> ', (int) 6 => ' <p> An indictment under the crimes act of 1790, ch. 35, s. 37, for infracting the law of nations by offering violence to the person of a foreign minister is not a case "affecting ambassadors, other public ministers and consuls" within the second section of the Third Article of the Constitution of the United States. ', (int) 7 => ' <p> The circuit courts have jurisdiction of such an offense under the eleventh section of the Judiciary Act of 1789, ch. 20. ', (int) 8 => ' <p> <em> Quaere </em> whether the jurisdiction of the Supreme Court is not only original, but exclusive of the circuit court, in "cases affecting ambassadors, other public ministers and consuls" within the true construction of the second section of the third article of the Constitution ', (int) 9 => ' <p> MR. JUSTICE WASHINGTON delivered the opinion of the Court. ', (int) 10 => ' <p> The defendant, Juan Gualberto de Ortega, was indicted in the Circuit Court of the United States for the Eastern District of Pennsylvania for infracting the law of nations by offering violence to the person of Hilario de Rivas y Salmon, the charge d'affaires of his Catholic Majesty the King of Spain in the United States contrary to the law of nations and to the act of the Congress of the United States in such case provided. The jury having found a verdict of guilty, the defendant moved in arrest of judgment and assigned for cause ', (int) 11 => ' <p> "that the circuit court has not jurisdiction of the matter charged in the indictment, inasmuch as it is a case affecting an ambassador or other public minister." ', (int) 12 => ' <p> The opinions of the judges of that court upon this point being opposed, the cause comes before this Court upon a certificate of such disagreement. ', (int) 13 => ' <p> The questions to which the point certified by the court below gives rise are first, whether this is a case affecting an ambassador or other public minister within the meaning of the second section of the third article of the Constitution of the United States. If it be, then the next question would be whether the jurisdiction of the Supreme Court in such cases is not only original, but exclusive of the circuit courts under the true construction of the above section and article. ', (int) 14 => ' <p> The last question need not be decided in the present case, because the Court is clearly of ', (int) 15 => ' <p> <a> Page 24 U. S. 469 </a> ', (int) 16 => ' <p> opinion that this is not a case affecting a public minister within the plain meaning of the Constitution. It is that of a public prosecution instituted and conducted by and in the name of the United States for the purpose of vindicating the law of nations and that of the United States, offended, as the indictment charges, in the person of a public minister by an assault committed on him by a private individual. It is a case, then, which affects the United States and the individual whom they seek to punish, but one in which the minister himself, although he was the person injured by the assault, has no concern, either in the event of the prosecution or in the costs attending it. ', (int) 17 => ' <p> It is ordered to be certified to the Circuit Court for the Eastern District of Pennsylvania that that court has jurisdiction of the matter charged in the indictment, the case not being one which affects an ambassador or other public minister. ', (int) 18 => ' <p> <em> Certificate accordingly. </em> ', (int) 19 => ' <br/> <br/> </div>' ) $paragraphAfter = (int) 1 $cnt = (int) 20 $i = (int) 5include - APP/View/Case/amp.ctp, line 144 View::_evaluate() - CORE/Cake/View/View.php, line 971 View::_render() - CORE/Cake/View/View.php, line 933 View::render() - CORE/Cake/View/View.php, line 473 Controller::render() - CORE/Cake/Controller/Controller.php, line 963 Dispatcher::_invoke() - CORE/Cake/Routing/Dispatcher.php, line 200 Dispatcher::dispatch() - CORE/Cake/Routing/Dispatcher.php, line 167 [main] - APP/webroot/index.php, line 109
Syllabus
Notice (8): Undefined variable: query [APP/View/Case/amp.ctp, line 144]Code Contextecho $this->Adsense->display('responsive_rect');
}
echo html_entity_decode($this->Wand->highlight($content[$i], $query));
$viewFile = '/home/legalcrystal/app/View/Case/amp.ctp' $dataForView = array( 'title_for_layout' => 'United States Vs Ortega - Citation 79079 - Court Judgment | ', 'desc' => array( 'Judgement' => array( 'id' => '79079', 'acts' => null, 'appealno' => '24 U.S. 467', 'appellant' => 'United States', 'authreffered' => null, 'casename' => 'United States Vs. Ortega', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1826-01-01', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<div> United States v. Ortega - 24 U.S. 467 (1826) <br /> <span> U.S. Supreme Court United States v. Ortega, 24 U.S. 11 Wheat. 467 467 (1826) </span> <p> <b> United States v. Ortega </b> </p> <p> <b> 24 U.S. (11 Wheat.) 467 </b> </p> <p> <b> </b> </p> <p> <em> ON CERTIFICATE OF DISAGREEMENT AMONG THE JUDGES OF THE CIRCUIT COURT </em> </p> <p> <em> OF THE UNITED STATES FOR THE EASTERN DISTRICT OF PENNSYLVANIA </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> An indictment under the crimes act of 1790, ch. 35, s. 37, for infracting the law of nations by offering violence to the person of a foreign minister is not a case "affecting ambassadors, other public ministers and consuls" within the second section of the Third Article of the Constitution of the United States. </p> <p> The circuit courts have jurisdiction of such an offense under the eleventh section of the Judiciary Act of 1789, ch. 20. </p> <p> <em> Quaere </em> whether the jurisdiction of the Supreme Court is not only original, but exclusive of the circuit court, in "cases affecting ambassadors, other public ministers and consuls" within the true construction of the second section of the third article of the Constitution </p> <p> MR. JUSTICE WASHINGTON delivered the opinion of the Court. </p> <p> The defendant, Juan Gualberto de Ortega, was indicted in the Circuit Court of the United States for the Eastern District of Pennsylvania for infracting the law of nations by offering violence to the person of Hilario de Rivas y Salmon, the charge d'affaires of his Catholic Majesty the King of Spain in the United States contrary to the law of nations and to the act of the Congress of the United States in such case provided. The jury having found a verdict of guilty, the defendant moved in arrest of judgment and assigned for cause </p> <p> "that the circuit court has not jurisdiction of the matter charged in the indictment, inasmuch as it is a case affecting an ambassador or other public minister." </p> <p> The opinions of the judges of that court upon this point being opposed, the cause comes before this Court upon a certificate of such disagreement. </p> <p> The questions to which the point certified by the court below gives rise are first, whether this is a case affecting an ambassador or other public minister within the meaning of the second section of the third article of the Constitution of the United States. If it be, then the next question would be whether the jurisdiction of the Supreme Court in such cases is not only original, but exclusive of the circuit courts under the true construction of the above section and article. </p> <p> The last question need not be decided in the present case, because the Court is clearly of </p> <p> <a class="page-number" id="469"> Page 24 U. S. 469 </a> </p> <p> opinion that this is not a case affecting a public minister within the plain meaning of the Constitution. It is that of a public prosecution instituted and conducted by and in the name of the United States for the purpose of vindicating the law of nations and that of the United States, offended, as the indictment charges, in the person of a public minister by an assault committed on him by a private individual. It is a case, then, which affects the United States and the individual whom they seek to punish, but one in which the minister himself, although he was the person injured by the assault, has no concern, either in the event of the prosecution or in the costs attending it. </p> <p> It is ordered to be certified to the Circuit Court for the Eastern District of Pennsylvania that that court has jurisdiction of the matter charged in the indictment, the case not being one which affects an ambassador or other public minister. </p> <p> <em> Certificate accordingly. </em> </p> <br /> <br /> </div>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Ortega', 'sub' => null, 'link' => '/cases/federal/us/24/467/', 'circuit' => null ) ), 'casename_url' => 'united-states-vs-ortega', 'args' => array( (int) 0 => '79079', (int) 1 => 'united-states-vs-ortega' ) ) $title_for_layout = 'United States Vs Ortega - Citation 79079 - Court Judgment | ' $desc = array( 'Judgement' => array( 'id' => '79079', 'acts' => null, 'appealno' => '24 U.S. 467', 'appellant' => 'United States', 'authreffered' => null, 'casename' => 'United States Vs. Ortega', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1826-01-01', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<div> United States v. Ortega - 24 U.S. 467 (1826) <br/> <span> U.S. Supreme Court United States v. Ortega, 24 U.S. 11 Wheat. 467 467 (1826) </span> <p> <b> United States v. Ortega </b> </p> <p> <b> 24 U.S. (11 Wheat.) 467 </b> </p> <p> <b> </b> </p> <p> <em> ON CERTIFICATE OF DISAGREEMENT AMONG THE JUDGES OF THE CIRCUIT COURT </em> </p> <p> <em> OF THE UNITED STATES FOR THE EASTERN DISTRICT OF PENNSYLVANIA </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> An indictment under the crimes act of 1790, ch. 35, s. 37, for infracting the law of nations by offering violence to the person of a foreign minister is not a case "affecting ambassadors, other public ministers and consuls" within the second section of the Third Article of the Constitution of the United States. </p> <p> The circuit courts have jurisdiction of such an offense under the eleventh section of the Judiciary Act of 1789, ch. 20. </p> <p> <em> Quaere </em> whether the jurisdiction of the Supreme Court is not only original, but exclusive of the circuit court, in "cases affecting ambassadors, other public ministers and consuls" within the true construction of the second section of the third article of the Constitution </p> <p> MR. JUSTICE WASHINGTON delivered the opinion of the Court. </p> <p> The defendant, Juan Gualberto de Ortega, was indicted in the Circuit Court of the United States for the Eastern District of Pennsylvania for infracting the law of nations by offering violence to the person of Hilario de Rivas y Salmon, the charge d'affaires of his Catholic Majesty the King of Spain in the United States contrary to the law of nations and to the act of the Congress of the United States in such case provided. The jury having found a verdict of guilty, the defendant moved in arrest of judgment and assigned for cause </p> <p> "that the circuit court has not jurisdiction of the matter charged in the indictment, inasmuch as it is a case affecting an ambassador or other public minister." </p> <p> The opinions of the judges of that court upon this point being opposed, the cause comes before this Court upon a certificate of such disagreement. </p> <p> The questions to which the point certified by the court below gives rise are first, whether this is a case affecting an ambassador or other public minister within the meaning of the second section of the third article of the Constitution of the United States. If it be, then the next question would be whether the jurisdiction of the Supreme Court in such cases is not only original, but exclusive of the circuit courts under the true construction of the above section and article. </p> <p> The last question need not be decided in the present case, because the Court is clearly of </p> <p> <a> Page 24 U. S. 469 </a> </p> <p> opinion that this is not a case affecting a public minister within the plain meaning of the Constitution. It is that of a public prosecution instituted and conducted by and in the name of the United States for the purpose of vindicating the law of nations and that of the United States, offended, as the indictment charges, in the person of a public minister by an assault committed on him by a private individual. It is a case, then, which affects the United States and the individual whom they seek to punish, but one in which the minister himself, although he was the person injured by the assault, has no concern, either in the event of the prosecution or in the costs attending it. </p> <p> It is ordered to be certified to the Circuit Court for the Eastern District of Pennsylvania that that court has jurisdiction of the matter charged in the indictment, the case not being one which affects an ambassador or other public minister. </p> <p> <em> Certificate accordingly. </em> </p> <br/> <br/> </div>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Ortega', 'sub' => null, 'link' => '/cases/federal/us/24/467/', 'circuit' => null ) ) $casename_url = 'united-states-vs-ortega' $args = array( (int) 0 => '79079', (int) 1 => 'united-states-vs-ortega' ) $url = 'https://sooperkanoon.com/case/amp/79079/united-states-vs-ortega' $ctype = '' $date = array( (int) 0 => 'Jan', (int) 1 => '01', (int) 2 => '1826' ) $content = array( (int) 0 => '<div> United States v. Ortega - 24 U.S. 467 (1826) <br/> <span> U.S. Supreme Court United States v. Ortega, 24 U.S. 11 Wheat. 467 467 (1826) </span> <p> <b> United States v. Ortega </b> ', (int) 1 => ' <p> <b> 24 U.S. (11 Wheat.) 467 </b> ', (int) 2 => ' <p> <b> </b> ', (int) 3 => ' <p> <em> ON CERTIFICATE OF DISAGREEMENT AMONG THE JUDGES OF THE CIRCUIT COURT </em> ', (int) 4 => ' <p> <em> OF THE UNITED STATES FOR THE EASTERN DISTRICT OF PENNSYLVANIA </em> ', (int) 5 => ' <p> <em> </em> <em> Syllabus </em> ', (int) 6 => ' <p> An indictment under the crimes act of 1790, ch. 35, s. 37, for infracting the law of nations by offering violence to the person of a foreign minister is not a case "affecting ambassadors, other public ministers and consuls" within the second section of the Third Article of the Constitution of the United States. ', (int) 7 => ' <p> The circuit courts have jurisdiction of such an offense under the eleventh section of the Judiciary Act of 1789, ch. 20. ', (int) 8 => ' <p> <em> Quaere </em> whether the jurisdiction of the Supreme Court is not only original, but exclusive of the circuit court, in "cases affecting ambassadors, other public ministers and consuls" within the true construction of the second section of the third article of the Constitution ', (int) 9 => ' <p> MR. JUSTICE WASHINGTON delivered the opinion of the Court. ', (int) 10 => ' <p> The defendant, Juan Gualberto de Ortega, was indicted in the Circuit Court of the United States for the Eastern District of Pennsylvania for infracting the law of nations by offering violence to the person of Hilario de Rivas y Salmon, the charge d'affaires of his Catholic Majesty the King of Spain in the United States contrary to the law of nations and to the act of the Congress of the United States in such case provided. The jury having found a verdict of guilty, the defendant moved in arrest of judgment and assigned for cause ', (int) 11 => ' <p> "that the circuit court has not jurisdiction of the matter charged in the indictment, inasmuch as it is a case affecting an ambassador or other public minister." ', (int) 12 => ' <p> The opinions of the judges of that court upon this point being opposed, the cause comes before this Court upon a certificate of such disagreement. ', (int) 13 => ' <p> The questions to which the point certified by the court below gives rise are first, whether this is a case affecting an ambassador or other public minister within the meaning of the second section of the third article of the Constitution of the United States. If it be, then the next question would be whether the jurisdiction of the Supreme Court in such cases is not only original, but exclusive of the circuit courts under the true construction of the above section and article. ', (int) 14 => ' <p> The last question need not be decided in the present case, because the Court is clearly of ', (int) 15 => ' <p> <a> Page 24 U. S. 469 </a> ', (int) 16 => ' <p> opinion that this is not a case affecting a public minister within the plain meaning of the Constitution. It is that of a public prosecution instituted and conducted by and in the name of the United States for the purpose of vindicating the law of nations and that of the United States, offended, as the indictment charges, in the person of a public minister by an assault committed on him by a private individual. It is a case, then, which affects the United States and the individual whom they seek to punish, but one in which the minister himself, although he was the person injured by the assault, has no concern, either in the event of the prosecution or in the costs attending it. ', (int) 17 => ' <p> It is ordered to be certified to the Circuit Court for the Eastern District of Pennsylvania that that court has jurisdiction of the matter charged in the indictment, the case not being one which affects an ambassador or other public minister. ', (int) 18 => ' <p> <em> Certificate accordingly. </em> ', (int) 19 => ' <br/> <br/> </div>' ) $paragraphAfter = (int) 1 $cnt = (int) 20 $i = (int) 6include - APP/View/Case/amp.ctp, line 144 View::_evaluate() - CORE/Cake/View/View.php, line 971 View::_render() - CORE/Cake/View/View.php, line 933 View::render() - CORE/Cake/View/View.php, line 473 Controller::render() - CORE/Cake/Controller/Controller.php, line 963 Dispatcher::_invoke() - CORE/Cake/Routing/Dispatcher.php, line 200 Dispatcher::dispatch() - CORE/Cake/Routing/Dispatcher.php, line 167 [main] - APP/webroot/index.php, line 109
An indictment under the crimes act of 1790, ch. 35, s. 37, for infracting the law of nations by offering violence to the person of a foreign minister is not a case "affecting ambassadors, other public ministers and consuls" within the second section of the Third Article of the Constitution of the United States.
Notice (8): Undefined variable: query [APP/View/Case/amp.ctp, line 144]Code Contextecho $this->Adsense->display('responsive_rect');
}
echo html_entity_decode($this->Wand->highlight($content[$i], $query));
$viewFile = '/home/legalcrystal/app/View/Case/amp.ctp' $dataForView = array( 'title_for_layout' => 'United States Vs Ortega - Citation 79079 - Court Judgment | ', 'desc' => array( 'Judgement' => array( 'id' => '79079', 'acts' => null, 'appealno' => '24 U.S. 467', 'appellant' => 'United States', 'authreffered' => null, 'casename' => 'United States Vs. Ortega', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1826-01-01', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<div> United States v. Ortega - 24 U.S. 467 (1826) <br /> <span> U.S. Supreme Court United States v. Ortega, 24 U.S. 11 Wheat. 467 467 (1826) </span> <p> <b> United States v. Ortega </b> </p> <p> <b> 24 U.S. (11 Wheat.) 467 </b> </p> <p> <b> </b> </p> <p> <em> ON CERTIFICATE OF DISAGREEMENT AMONG THE JUDGES OF THE CIRCUIT COURT </em> </p> <p> <em> OF THE UNITED STATES FOR THE EASTERN DISTRICT OF PENNSYLVANIA </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> An indictment under the crimes act of 1790, ch. 35, s. 37, for infracting the law of nations by offering violence to the person of a foreign minister is not a case "affecting ambassadors, other public ministers and consuls" within the second section of the Third Article of the Constitution of the United States. </p> <p> The circuit courts have jurisdiction of such an offense under the eleventh section of the Judiciary Act of 1789, ch. 20. </p> <p> <em> Quaere </em> whether the jurisdiction of the Supreme Court is not only original, but exclusive of the circuit court, in "cases affecting ambassadors, other public ministers and consuls" within the true construction of the second section of the third article of the Constitution </p> <p> MR. JUSTICE WASHINGTON delivered the opinion of the Court. </p> <p> The defendant, Juan Gualberto de Ortega, was indicted in the Circuit Court of the United States for the Eastern District of Pennsylvania for infracting the law of nations by offering violence to the person of Hilario de Rivas y Salmon, the charge d'affaires of his Catholic Majesty the King of Spain in the United States contrary to the law of nations and to the act of the Congress of the United States in such case provided. The jury having found a verdict of guilty, the defendant moved in arrest of judgment and assigned for cause </p> <p> "that the circuit court has not jurisdiction of the matter charged in the indictment, inasmuch as it is a case affecting an ambassador or other public minister." </p> <p> The opinions of the judges of that court upon this point being opposed, the cause comes before this Court upon a certificate of such disagreement. </p> <p> The questions to which the point certified by the court below gives rise are first, whether this is a case affecting an ambassador or other public minister within the meaning of the second section of the third article of the Constitution of the United States. If it be, then the next question would be whether the jurisdiction of the Supreme Court in such cases is not only original, but exclusive of the circuit courts under the true construction of the above section and article. </p> <p> The last question need not be decided in the present case, because the Court is clearly of </p> <p> <a class="page-number" id="469"> Page 24 U. S. 469 </a> </p> <p> opinion that this is not a case affecting a public minister within the plain meaning of the Constitution. It is that of a public prosecution instituted and conducted by and in the name of the United States for the purpose of vindicating the law of nations and that of the United States, offended, as the indictment charges, in the person of a public minister by an assault committed on him by a private individual. It is a case, then, which affects the United States and the individual whom they seek to punish, but one in which the minister himself, although he was the person injured by the assault, has no concern, either in the event of the prosecution or in the costs attending it. </p> <p> It is ordered to be certified to the Circuit Court for the Eastern District of Pennsylvania that that court has jurisdiction of the matter charged in the indictment, the case not being one which affects an ambassador or other public minister. </p> <p> <em> Certificate accordingly. </em> </p> <br /> <br /> </div>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Ortega', 'sub' => null, 'link' => '/cases/federal/us/24/467/', 'circuit' => null ) ), 'casename_url' => 'united-states-vs-ortega', 'args' => array( (int) 0 => '79079', (int) 1 => 'united-states-vs-ortega' ) ) $title_for_layout = 'United States Vs Ortega - Citation 79079 - Court Judgment | ' $desc = array( 'Judgement' => array( 'id' => '79079', 'acts' => null, 'appealno' => '24 U.S. 467', 'appellant' => 'United States', 'authreffered' => null, 'casename' => 'United States Vs. Ortega', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1826-01-01', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<div> United States v. Ortega - 24 U.S. 467 (1826) <br/> <span> U.S. Supreme Court United States v. Ortega, 24 U.S. 11 Wheat. 467 467 (1826) </span> <p> <b> United States v. Ortega </b> </p> <p> <b> 24 U.S. (11 Wheat.) 467 </b> </p> <p> <b> </b> </p> <p> <em> ON CERTIFICATE OF DISAGREEMENT AMONG THE JUDGES OF THE CIRCUIT COURT </em> </p> <p> <em> OF THE UNITED STATES FOR THE EASTERN DISTRICT OF PENNSYLVANIA </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> An indictment under the crimes act of 1790, ch. 35, s. 37, for infracting the law of nations by offering violence to the person of a foreign minister is not a case "affecting ambassadors, other public ministers and consuls" within the second section of the Third Article of the Constitution of the United States. </p> <p> The circuit courts have jurisdiction of such an offense under the eleventh section of the Judiciary Act of 1789, ch. 20. </p> <p> <em> Quaere </em> whether the jurisdiction of the Supreme Court is not only original, but exclusive of the circuit court, in "cases affecting ambassadors, other public ministers and consuls" within the true construction of the second section of the third article of the Constitution </p> <p> MR. JUSTICE WASHINGTON delivered the opinion of the Court. </p> <p> The defendant, Juan Gualberto de Ortega, was indicted in the Circuit Court of the United States for the Eastern District of Pennsylvania for infracting the law of nations by offering violence to the person of Hilario de Rivas y Salmon, the charge d'affaires of his Catholic Majesty the King of Spain in the United States contrary to the law of nations and to the act of the Congress of the United States in such case provided. The jury having found a verdict of guilty, the defendant moved in arrest of judgment and assigned for cause </p> <p> "that the circuit court has not jurisdiction of the matter charged in the indictment, inasmuch as it is a case affecting an ambassador or other public minister." </p> <p> The opinions of the judges of that court upon this point being opposed, the cause comes before this Court upon a certificate of such disagreement. </p> <p> The questions to which the point certified by the court below gives rise are first, whether this is a case affecting an ambassador or other public minister within the meaning of the second section of the third article of the Constitution of the United States. If it be, then the next question would be whether the jurisdiction of the Supreme Court in such cases is not only original, but exclusive of the circuit courts under the true construction of the above section and article. </p> <p> The last question need not be decided in the present case, because the Court is clearly of </p> <p> <a> Page 24 U. S. 469 </a> </p> <p> opinion that this is not a case affecting a public minister within the plain meaning of the Constitution. It is that of a public prosecution instituted and conducted by and in the name of the United States for the purpose of vindicating the law of nations and that of the United States, offended, as the indictment charges, in the person of a public minister by an assault committed on him by a private individual. It is a case, then, which affects the United States and the individual whom they seek to punish, but one in which the minister himself, although he was the person injured by the assault, has no concern, either in the event of the prosecution or in the costs attending it. </p> <p> It is ordered to be certified to the Circuit Court for the Eastern District of Pennsylvania that that court has jurisdiction of the matter charged in the indictment, the case not being one which affects an ambassador or other public minister. </p> <p> <em> Certificate accordingly. </em> </p> <br/> <br/> </div>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Ortega', 'sub' => null, 'link' => '/cases/federal/us/24/467/', 'circuit' => null ) ) $casename_url = 'united-states-vs-ortega' $args = array( (int) 0 => '79079', (int) 1 => 'united-states-vs-ortega' ) $url = 'https://sooperkanoon.com/case/amp/79079/united-states-vs-ortega' $ctype = '' $date = array( (int) 0 => 'Jan', (int) 1 => '01', (int) 2 => '1826' ) $content = array( (int) 0 => '<div> United States v. Ortega - 24 U.S. 467 (1826) <br/> <span> U.S. Supreme Court United States v. Ortega, 24 U.S. 11 Wheat. 467 467 (1826) </span> <p> <b> United States v. Ortega </b> ', (int) 1 => ' <p> <b> 24 U.S. (11 Wheat.) 467 </b> ', (int) 2 => ' <p> <b> </b> ', (int) 3 => ' <p> <em> ON CERTIFICATE OF DISAGREEMENT AMONG THE JUDGES OF THE CIRCUIT COURT </em> ', (int) 4 => ' <p> <em> OF THE UNITED STATES FOR THE EASTERN DISTRICT OF PENNSYLVANIA </em> ', (int) 5 => ' <p> <em> </em> <em> Syllabus </em> ', (int) 6 => ' <p> An indictment under the crimes act of 1790, ch. 35, s. 37, for infracting the law of nations by offering violence to the person of a foreign minister is not a case "affecting ambassadors, other public ministers and consuls" within the second section of the Third Article of the Constitution of the United States. ', (int) 7 => ' <p> The circuit courts have jurisdiction of such an offense under the eleventh section of the Judiciary Act of 1789, ch. 20. ', (int) 8 => ' <p> <em> Quaere </em> whether the jurisdiction of the Supreme Court is not only original, but exclusive of the circuit court, in "cases affecting ambassadors, other public ministers and consuls" within the true construction of the second section of the third article of the Constitution ', (int) 9 => ' <p> MR. JUSTICE WASHINGTON delivered the opinion of the Court. ', (int) 10 => ' <p> The defendant, Juan Gualberto de Ortega, was indicted in the Circuit Court of the United States for the Eastern District of Pennsylvania for infracting the law of nations by offering violence to the person of Hilario de Rivas y Salmon, the charge d'affaires of his Catholic Majesty the King of Spain in the United States contrary to the law of nations and to the act of the Congress of the United States in such case provided. The jury having found a verdict of guilty, the defendant moved in arrest of judgment and assigned for cause ', (int) 11 => ' <p> "that the circuit court has not jurisdiction of the matter charged in the indictment, inasmuch as it is a case affecting an ambassador or other public minister." ', (int) 12 => ' <p> The opinions of the judges of that court upon this point being opposed, the cause comes before this Court upon a certificate of such disagreement. ', (int) 13 => ' <p> The questions to which the point certified by the court below gives rise are first, whether this is a case affecting an ambassador or other public minister within the meaning of the second section of the third article of the Constitution of the United States. If it be, then the next question would be whether the jurisdiction of the Supreme Court in such cases is not only original, but exclusive of the circuit courts under the true construction of the above section and article. ', (int) 14 => ' <p> The last question need not be decided in the present case, because the Court is clearly of ', (int) 15 => ' <p> <a> Page 24 U. S. 469 </a> ', (int) 16 => ' <p> opinion that this is not a case affecting a public minister within the plain meaning of the Constitution. It is that of a public prosecution instituted and conducted by and in the name of the United States for the purpose of vindicating the law of nations and that of the United States, offended, as the indictment charges, in the person of a public minister by an assault committed on him by a private individual. It is a case, then, which affects the United States and the individual whom they seek to punish, but one in which the minister himself, although he was the person injured by the assault, has no concern, either in the event of the prosecution or in the costs attending it. ', (int) 17 => ' <p> It is ordered to be certified to the Circuit Court for the Eastern District of Pennsylvania that that court has jurisdiction of the matter charged in the indictment, the case not being one which affects an ambassador or other public minister. ', (int) 18 => ' <p> <em> Certificate accordingly. </em> ', (int) 19 => ' <br/> <br/> </div>' ) $paragraphAfter = (int) 1 $cnt = (int) 20 $i = (int) 7include - APP/View/Case/amp.ctp, line 144 View::_evaluate() - CORE/Cake/View/View.php, line 971 View::_render() - CORE/Cake/View/View.php, line 933 View::render() - CORE/Cake/View/View.php, line 473 Controller::render() - CORE/Cake/Controller/Controller.php, line 963 Dispatcher::_invoke() - CORE/Cake/Routing/Dispatcher.php, line 200 Dispatcher::dispatch() - CORE/Cake/Routing/Dispatcher.php, line 167 [main] - APP/webroot/index.php, line 109
The circuit courts have jurisdiction of such an offense under the eleventh section of the Judiciary Act of 1789, ch. 20.
Notice (8): Undefined variable: query [APP/View/Case/amp.ctp, line 144]Code Contextecho $this->Adsense->display('responsive_rect');
}
echo html_entity_decode($this->Wand->highlight($content[$i], $query));
$viewFile = '/home/legalcrystal/app/View/Case/amp.ctp' $dataForView = array( 'title_for_layout' => 'United States Vs Ortega - Citation 79079 - Court Judgment | ', 'desc' => array( 'Judgement' => array( 'id' => '79079', 'acts' => null, 'appealno' => '24 U.S. 467', 'appellant' => 'United States', 'authreffered' => null, 'casename' => 'United States Vs. Ortega', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1826-01-01', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<div> United States v. Ortega - 24 U.S. 467 (1826) <br /> <span> U.S. Supreme Court United States v. Ortega, 24 U.S. 11 Wheat. 467 467 (1826) </span> <p> <b> United States v. Ortega </b> </p> <p> <b> 24 U.S. (11 Wheat.) 467 </b> </p> <p> <b> </b> </p> <p> <em> ON CERTIFICATE OF DISAGREEMENT AMONG THE JUDGES OF THE CIRCUIT COURT </em> </p> <p> <em> OF THE UNITED STATES FOR THE EASTERN DISTRICT OF PENNSYLVANIA </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> An indictment under the crimes act of 1790, ch. 35, s. 37, for infracting the law of nations by offering violence to the person of a foreign minister is not a case "affecting ambassadors, other public ministers and consuls" within the second section of the Third Article of the Constitution of the United States. </p> <p> The circuit courts have jurisdiction of such an offense under the eleventh section of the Judiciary Act of 1789, ch. 20. </p> <p> <em> Quaere </em> whether the jurisdiction of the Supreme Court is not only original, but exclusive of the circuit court, in "cases affecting ambassadors, other public ministers and consuls" within the true construction of the second section of the third article of the Constitution </p> <p> MR. JUSTICE WASHINGTON delivered the opinion of the Court. </p> <p> The defendant, Juan Gualberto de Ortega, was indicted in the Circuit Court of the United States for the Eastern District of Pennsylvania for infracting the law of nations by offering violence to the person of Hilario de Rivas y Salmon, the charge d'affaires of his Catholic Majesty the King of Spain in the United States contrary to the law of nations and to the act of the Congress of the United States in such case provided. The jury having found a verdict of guilty, the defendant moved in arrest of judgment and assigned for cause </p> <p> "that the circuit court has not jurisdiction of the matter charged in the indictment, inasmuch as it is a case affecting an ambassador or other public minister." </p> <p> The opinions of the judges of that court upon this point being opposed, the cause comes before this Court upon a certificate of such disagreement. </p> <p> The questions to which the point certified by the court below gives rise are first, whether this is a case affecting an ambassador or other public minister within the meaning of the second section of the third article of the Constitution of the United States. If it be, then the next question would be whether the jurisdiction of the Supreme Court in such cases is not only original, but exclusive of the circuit courts under the true construction of the above section and article. </p> <p> The last question need not be decided in the present case, because the Court is clearly of </p> <p> <a class="page-number" id="469"> Page 24 U. S. 469 </a> </p> <p> opinion that this is not a case affecting a public minister within the plain meaning of the Constitution. It is that of a public prosecution instituted and conducted by and in the name of the United States for the purpose of vindicating the law of nations and that of the United States, offended, as the indictment charges, in the person of a public minister by an assault committed on him by a private individual. It is a case, then, which affects the United States and the individual whom they seek to punish, but one in which the minister himself, although he was the person injured by the assault, has no concern, either in the event of the prosecution or in the costs attending it. </p> <p> It is ordered to be certified to the Circuit Court for the Eastern District of Pennsylvania that that court has jurisdiction of the matter charged in the indictment, the case not being one which affects an ambassador or other public minister. </p> <p> <em> Certificate accordingly. </em> </p> <br /> <br /> </div>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Ortega', 'sub' => null, 'link' => '/cases/federal/us/24/467/', 'circuit' => null ) ), 'casename_url' => 'united-states-vs-ortega', 'args' => array( (int) 0 => '79079', (int) 1 => 'united-states-vs-ortega' ) ) $title_for_layout = 'United States Vs Ortega - Citation 79079 - Court Judgment | ' $desc = array( 'Judgement' => array( 'id' => '79079', 'acts' => null, 'appealno' => '24 U.S. 467', 'appellant' => 'United States', 'authreffered' => null, 'casename' => 'United States Vs. Ortega', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1826-01-01', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<div> United States v. Ortega - 24 U.S. 467 (1826) <br/> <span> U.S. Supreme Court United States v. Ortega, 24 U.S. 11 Wheat. 467 467 (1826) </span> <p> <b> United States v. Ortega </b> </p> <p> <b> 24 U.S. (11 Wheat.) 467 </b> </p> <p> <b> </b> </p> <p> <em> ON CERTIFICATE OF DISAGREEMENT AMONG THE JUDGES OF THE CIRCUIT COURT </em> </p> <p> <em> OF THE UNITED STATES FOR THE EASTERN DISTRICT OF PENNSYLVANIA </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> An indictment under the crimes act of 1790, ch. 35, s. 37, for infracting the law of nations by offering violence to the person of a foreign minister is not a case "affecting ambassadors, other public ministers and consuls" within the second section of the Third Article of the Constitution of the United States. </p> <p> The circuit courts have jurisdiction of such an offense under the eleventh section of the Judiciary Act of 1789, ch. 20. </p> <p> <em> Quaere </em> whether the jurisdiction of the Supreme Court is not only original, but exclusive of the circuit court, in "cases affecting ambassadors, other public ministers and consuls" within the true construction of the second section of the third article of the Constitution </p> <p> MR. JUSTICE WASHINGTON delivered the opinion of the Court. </p> <p> The defendant, Juan Gualberto de Ortega, was indicted in the Circuit Court of the United States for the Eastern District of Pennsylvania for infracting the law of nations by offering violence to the person of Hilario de Rivas y Salmon, the charge d'affaires of his Catholic Majesty the King of Spain in the United States contrary to the law of nations and to the act of the Congress of the United States in such case provided. The jury having found a verdict of guilty, the defendant moved in arrest of judgment and assigned for cause </p> <p> "that the circuit court has not jurisdiction of the matter charged in the indictment, inasmuch as it is a case affecting an ambassador or other public minister." </p> <p> The opinions of the judges of that court upon this point being opposed, the cause comes before this Court upon a certificate of such disagreement. </p> <p> The questions to which the point certified by the court below gives rise are first, whether this is a case affecting an ambassador or other public minister within the meaning of the second section of the third article of the Constitution of the United States. If it be, then the next question would be whether the jurisdiction of the Supreme Court in such cases is not only original, but exclusive of the circuit courts under the true construction of the above section and article. </p> <p> The last question need not be decided in the present case, because the Court is clearly of </p> <p> <a> Page 24 U. S. 469 </a> </p> <p> opinion that this is not a case affecting a public minister within the plain meaning of the Constitution. It is that of a public prosecution instituted and conducted by and in the name of the United States for the purpose of vindicating the law of nations and that of the United States, offended, as the indictment charges, in the person of a public minister by an assault committed on him by a private individual. It is a case, then, which affects the United States and the individual whom they seek to punish, but one in which the minister himself, although he was the person injured by the assault, has no concern, either in the event of the prosecution or in the costs attending it. </p> <p> It is ordered to be certified to the Circuit Court for the Eastern District of Pennsylvania that that court has jurisdiction of the matter charged in the indictment, the case not being one which affects an ambassador or other public minister. </p> <p> <em> Certificate accordingly. </em> </p> <br/> <br/> </div>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Ortega', 'sub' => null, 'link' => '/cases/federal/us/24/467/', 'circuit' => null ) ) $casename_url = 'united-states-vs-ortega' $args = array( (int) 0 => '79079', (int) 1 => 'united-states-vs-ortega' ) $url = 'https://sooperkanoon.com/case/amp/79079/united-states-vs-ortega' $ctype = '' $date = array( (int) 0 => 'Jan', (int) 1 => '01', (int) 2 => '1826' ) $content = array( (int) 0 => '<div> United States v. Ortega - 24 U.S. 467 (1826) <br/> <span> U.S. Supreme Court United States v. Ortega, 24 U.S. 11 Wheat. 467 467 (1826) </span> <p> <b> United States v. Ortega </b> ', (int) 1 => ' <p> <b> 24 U.S. (11 Wheat.) 467 </b> ', (int) 2 => ' <p> <b> </b> ', (int) 3 => ' <p> <em> ON CERTIFICATE OF DISAGREEMENT AMONG THE JUDGES OF THE CIRCUIT COURT </em> ', (int) 4 => ' <p> <em> OF THE UNITED STATES FOR THE EASTERN DISTRICT OF PENNSYLVANIA </em> ', (int) 5 => ' <p> <em> </em> <em> Syllabus </em> ', (int) 6 => ' <p> An indictment under the crimes act of 1790, ch. 35, s. 37, for infracting the law of nations by offering violence to the person of a foreign minister is not a case "affecting ambassadors, other public ministers and consuls" within the second section of the Third Article of the Constitution of the United States. ', (int) 7 => ' <p> The circuit courts have jurisdiction of such an offense under the eleventh section of the Judiciary Act of 1789, ch. 20. ', (int) 8 => ' <p> <em> Quaere </em> whether the jurisdiction of the Supreme Court is not only original, but exclusive of the circuit court, in "cases affecting ambassadors, other public ministers and consuls" within the true construction of the second section of the third article of the Constitution ', (int) 9 => ' <p> MR. JUSTICE WASHINGTON delivered the opinion of the Court. ', (int) 10 => ' <p> The defendant, Juan Gualberto de Ortega, was indicted in the Circuit Court of the United States for the Eastern District of Pennsylvania for infracting the law of nations by offering violence to the person of Hilario de Rivas y Salmon, the charge d'affaires of his Catholic Majesty the King of Spain in the United States contrary to the law of nations and to the act of the Congress of the United States in such case provided. The jury having found a verdict of guilty, the defendant moved in arrest of judgment and assigned for cause ', (int) 11 => ' <p> "that the circuit court has not jurisdiction of the matter charged in the indictment, inasmuch as it is a case affecting an ambassador or other public minister." ', (int) 12 => ' <p> The opinions of the judges of that court upon this point being opposed, the cause comes before this Court upon a certificate of such disagreement. ', (int) 13 => ' <p> The questions to which the point certified by the court below gives rise are first, whether this is a case affecting an ambassador or other public minister within the meaning of the second section of the third article of the Constitution of the United States. If it be, then the next question would be whether the jurisdiction of the Supreme Court in such cases is not only original, but exclusive of the circuit courts under the true construction of the above section and article. ', (int) 14 => ' <p> The last question need not be decided in the present case, because the Court is clearly of ', (int) 15 => ' <p> <a> Page 24 U. S. 469 </a> ', (int) 16 => ' <p> opinion that this is not a case affecting a public minister within the plain meaning of the Constitution. It is that of a public prosecution instituted and conducted by and in the name of the United States for the purpose of vindicating the law of nations and that of the United States, offended, as the indictment charges, in the person of a public minister by an assault committed on him by a private individual. It is a case, then, which affects the United States and the individual whom they seek to punish, but one in which the minister himself, although he was the person injured by the assault, has no concern, either in the event of the prosecution or in the costs attending it. ', (int) 17 => ' <p> It is ordered to be certified to the Circuit Court for the Eastern District of Pennsylvania that that court has jurisdiction of the matter charged in the indictment, the case not being one which affects an ambassador or other public minister. ', (int) 18 => ' <p> <em> Certificate accordingly. </em> ', (int) 19 => ' <br/> <br/> </div>' ) $paragraphAfter = (int) 1 $cnt = (int) 20 $i = (int) 8include - APP/View/Case/amp.ctp, line 144 View::_evaluate() - CORE/Cake/View/View.php, line 971 View::_render() - CORE/Cake/View/View.php, line 933 View::render() - CORE/Cake/View/View.php, line 473 Controller::render() - CORE/Cake/Controller/Controller.php, line 963 Dispatcher::_invoke() - CORE/Cake/Routing/Dispatcher.php, line 200 Dispatcher::dispatch() - CORE/Cake/Routing/Dispatcher.php, line 167 [main] - APP/webroot/index.php, line 109
Quaere whether the jurisdiction of the Supreme Court is not only original, but exclusive of the circuit court, in "cases affecting ambassadors, other public ministers and consuls" within the true construction of the second section of the third article of the Constitution
Notice (8): Undefined variable: query [APP/View/Case/amp.ctp, line 144]Code Contextecho $this->Adsense->display('responsive_rect');
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echo html_entity_decode($this->Wand->highlight($content[$i], $query));
$viewFile = '/home/legalcrystal/app/View/Case/amp.ctp' $dataForView = array( 'title_for_layout' => 'United States Vs Ortega - Citation 79079 - Court Judgment | ', 'desc' => array( 'Judgement' => array( 'id' => '79079', 'acts' => null, 'appealno' => '24 U.S. 467', 'appellant' => 'United States', 'authreffered' => null, 'casename' => 'United States Vs. Ortega', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1826-01-01', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<div> United States v. Ortega - 24 U.S. 467 (1826) <br /> <span> U.S. Supreme Court United States v. Ortega, 24 U.S. 11 Wheat. 467 467 (1826) </span> <p> <b> United States v. Ortega </b> </p> <p> <b> 24 U.S. (11 Wheat.) 467 </b> </p> <p> <b> </b> </p> <p> <em> ON CERTIFICATE OF DISAGREEMENT AMONG THE JUDGES OF THE CIRCUIT COURT </em> </p> <p> <em> OF THE UNITED STATES FOR THE EASTERN DISTRICT OF PENNSYLVANIA </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> An indictment under the crimes act of 1790, ch. 35, s. 37, for infracting the law of nations by offering violence to the person of a foreign minister is not a case "affecting ambassadors, other public ministers and consuls" within the second section of the Third Article of the Constitution of the United States. </p> <p> The circuit courts have jurisdiction of such an offense under the eleventh section of the Judiciary Act of 1789, ch. 20. </p> <p> <em> Quaere </em> whether the jurisdiction of the Supreme Court is not only original, but exclusive of the circuit court, in "cases affecting ambassadors, other public ministers and consuls" within the true construction of the second section of the third article of the Constitution </p> <p> MR. JUSTICE WASHINGTON delivered the opinion of the Court. </p> <p> The defendant, Juan Gualberto de Ortega, was indicted in the Circuit Court of the United States for the Eastern District of Pennsylvania for infracting the law of nations by offering violence to the person of Hilario de Rivas y Salmon, the charge d'affaires of his Catholic Majesty the King of Spain in the United States contrary to the law of nations and to the act of the Congress of the United States in such case provided. The jury having found a verdict of guilty, the defendant moved in arrest of judgment and assigned for cause </p> <p> "that the circuit court has not jurisdiction of the matter charged in the indictment, inasmuch as it is a case affecting an ambassador or other public minister." </p> <p> The opinions of the judges of that court upon this point being opposed, the cause comes before this Court upon a certificate of such disagreement. </p> <p> The questions to which the point certified by the court below gives rise are first, whether this is a case affecting an ambassador or other public minister within the meaning of the second section of the third article of the Constitution of the United States. If it be, then the next question would be whether the jurisdiction of the Supreme Court in such cases is not only original, but exclusive of the circuit courts under the true construction of the above section and article. </p> <p> The last question need not be decided in the present case, because the Court is clearly of </p> <p> <a class="page-number" id="469"> Page 24 U. S. 469 </a> </p> <p> opinion that this is not a case affecting a public minister within the plain meaning of the Constitution. It is that of a public prosecution instituted and conducted by and in the name of the United States for the purpose of vindicating the law of nations and that of the United States, offended, as the indictment charges, in the person of a public minister by an assault committed on him by a private individual. It is a case, then, which affects the United States and the individual whom they seek to punish, but one in which the minister himself, although he was the person injured by the assault, has no concern, either in the event of the prosecution or in the costs attending it. </p> <p> It is ordered to be certified to the Circuit Court for the Eastern District of Pennsylvania that that court has jurisdiction of the matter charged in the indictment, the case not being one which affects an ambassador or other public minister. </p> <p> <em> Certificate accordingly. </em> </p> <br /> <br /> </div>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Ortega', 'sub' => null, 'link' => '/cases/federal/us/24/467/', 'circuit' => null ) ), 'casename_url' => 'united-states-vs-ortega', 'args' => array( (int) 0 => '79079', (int) 1 => 'united-states-vs-ortega' ) ) $title_for_layout = 'United States Vs Ortega - Citation 79079 - Court Judgment | ' $desc = array( 'Judgement' => array( 'id' => '79079', 'acts' => null, 'appealno' => '24 U.S. 467', 'appellant' => 'United States', 'authreffered' => null, 'casename' => 'United States Vs. Ortega', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1826-01-01', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<div> United States v. Ortega - 24 U.S. 467 (1826) <br/> <span> U.S. Supreme Court United States v. Ortega, 24 U.S. 11 Wheat. 467 467 (1826) </span> <p> <b> United States v. Ortega </b> </p> <p> <b> 24 U.S. (11 Wheat.) 467 </b> </p> <p> <b> </b> </p> <p> <em> ON CERTIFICATE OF DISAGREEMENT AMONG THE JUDGES OF THE CIRCUIT COURT </em> </p> <p> <em> OF THE UNITED STATES FOR THE EASTERN DISTRICT OF PENNSYLVANIA </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> An indictment under the crimes act of 1790, ch. 35, s. 37, for infracting the law of nations by offering violence to the person of a foreign minister is not a case "affecting ambassadors, other public ministers and consuls" within the second section of the Third Article of the Constitution of the United States. </p> <p> The circuit courts have jurisdiction of such an offense under the eleventh section of the Judiciary Act of 1789, ch. 20. </p> <p> <em> Quaere </em> whether the jurisdiction of the Supreme Court is not only original, but exclusive of the circuit court, in "cases affecting ambassadors, other public ministers and consuls" within the true construction of the second section of the third article of the Constitution </p> <p> MR. JUSTICE WASHINGTON delivered the opinion of the Court. </p> <p> The defendant, Juan Gualberto de Ortega, was indicted in the Circuit Court of the United States for the Eastern District of Pennsylvania for infracting the law of nations by offering violence to the person of Hilario de Rivas y Salmon, the charge d'affaires of his Catholic Majesty the King of Spain in the United States contrary to the law of nations and to the act of the Congress of the United States in such case provided. The jury having found a verdict of guilty, the defendant moved in arrest of judgment and assigned for cause </p> <p> "that the circuit court has not jurisdiction of the matter charged in the indictment, inasmuch as it is a case affecting an ambassador or other public minister." </p> <p> The opinions of the judges of that court upon this point being opposed, the cause comes before this Court upon a certificate of such disagreement. </p> <p> The questions to which the point certified by the court below gives rise are first, whether this is a case affecting an ambassador or other public minister within the meaning of the second section of the third article of the Constitution of the United States. If it be, then the next question would be whether the jurisdiction of the Supreme Court in such cases is not only original, but exclusive of the circuit courts under the true construction of the above section and article. </p> <p> The last question need not be decided in the present case, because the Court is clearly of </p> <p> <a> Page 24 U. S. 469 </a> </p> <p> opinion that this is not a case affecting a public minister within the plain meaning of the Constitution. It is that of a public prosecution instituted and conducted by and in the name of the United States for the purpose of vindicating the law of nations and that of the United States, offended, as the indictment charges, in the person of a public minister by an assault committed on him by a private individual. It is a case, then, which affects the United States and the individual whom they seek to punish, but one in which the minister himself, although he was the person injured by the assault, has no concern, either in the event of the prosecution or in the costs attending it. </p> <p> It is ordered to be certified to the Circuit Court for the Eastern District of Pennsylvania that that court has jurisdiction of the matter charged in the indictment, the case not being one which affects an ambassador or other public minister. </p> <p> <em> Certificate accordingly. </em> </p> <br/> <br/> </div>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Ortega', 'sub' => null, 'link' => '/cases/federal/us/24/467/', 'circuit' => null ) ) $casename_url = 'united-states-vs-ortega' $args = array( (int) 0 => '79079', (int) 1 => 'united-states-vs-ortega' ) $url = 'https://sooperkanoon.com/case/amp/79079/united-states-vs-ortega' $ctype = '' $date = array( (int) 0 => 'Jan', (int) 1 => '01', (int) 2 => '1826' ) $content = array( (int) 0 => '<div> United States v. Ortega - 24 U.S. 467 (1826) <br/> <span> U.S. Supreme Court United States v. Ortega, 24 U.S. 11 Wheat. 467 467 (1826) </span> <p> <b> United States v. Ortega </b> ', (int) 1 => ' <p> <b> 24 U.S. (11 Wheat.) 467 </b> ', (int) 2 => ' <p> <b> </b> ', (int) 3 => ' <p> <em> ON CERTIFICATE OF DISAGREEMENT AMONG THE JUDGES OF THE CIRCUIT COURT </em> ', (int) 4 => ' <p> <em> OF THE UNITED STATES FOR THE EASTERN DISTRICT OF PENNSYLVANIA </em> ', (int) 5 => ' <p> <em> </em> <em> Syllabus </em> ', (int) 6 => ' <p> An indictment under the crimes act of 1790, ch. 35, s. 37, for infracting the law of nations by offering violence to the person of a foreign minister is not a case "affecting ambassadors, other public ministers and consuls" within the second section of the Third Article of the Constitution of the United States. ', (int) 7 => ' <p> The circuit courts have jurisdiction of such an offense under the eleventh section of the Judiciary Act of 1789, ch. 20. ', (int) 8 => ' <p> <em> Quaere </em> whether the jurisdiction of the Supreme Court is not only original, but exclusive of the circuit court, in "cases affecting ambassadors, other public ministers and consuls" within the true construction of the second section of the third article of the Constitution ', (int) 9 => ' <p> MR. JUSTICE WASHINGTON delivered the opinion of the Court. ', (int) 10 => ' <p> The defendant, Juan Gualberto de Ortega, was indicted in the Circuit Court of the United States for the Eastern District of Pennsylvania for infracting the law of nations by offering violence to the person of Hilario de Rivas y Salmon, the charge d'affaires of his Catholic Majesty the King of Spain in the United States contrary to the law of nations and to the act of the Congress of the United States in such case provided. The jury having found a verdict of guilty, the defendant moved in arrest of judgment and assigned for cause ', (int) 11 => ' <p> "that the circuit court has not jurisdiction of the matter charged in the indictment, inasmuch as it is a case affecting an ambassador or other public minister." ', (int) 12 => ' <p> The opinions of the judges of that court upon this point being opposed, the cause comes before this Court upon a certificate of such disagreement. ', (int) 13 => ' <p> The questions to which the point certified by the court below gives rise are first, whether this is a case affecting an ambassador or other public minister within the meaning of the second section of the third article of the Constitution of the United States. If it be, then the next question would be whether the jurisdiction of the Supreme Court in such cases is not only original, but exclusive of the circuit courts under the true construction of the above section and article. ', (int) 14 => ' <p> The last question need not be decided in the present case, because the Court is clearly of ', (int) 15 => ' <p> <a> Page 24 U. S. 469 </a> ', (int) 16 => ' <p> opinion that this is not a case affecting a public minister within the plain meaning of the Constitution. It is that of a public prosecution instituted and conducted by and in the name of the United States for the purpose of vindicating the law of nations and that of the United States, offended, as the indictment charges, in the person of a public minister by an assault committed on him by a private individual. It is a case, then, which affects the United States and the individual whom they seek to punish, but one in which the minister himself, although he was the person injured by the assault, has no concern, either in the event of the prosecution or in the costs attending it. ', (int) 17 => ' <p> It is ordered to be certified to the Circuit Court for the Eastern District of Pennsylvania that that court has jurisdiction of the matter charged in the indictment, the case not being one which affects an ambassador or other public minister. ', (int) 18 => ' <p> <em> Certificate accordingly. </em> ', (int) 19 => ' <br/> <br/> </div>' ) $paragraphAfter = (int) 1 $cnt = (int) 20 $i = (int) 9include - APP/View/Case/amp.ctp, line 144 View::_evaluate() - CORE/Cake/View/View.php, line 971 View::_render() - CORE/Cake/View/View.php, line 933 View::render() - CORE/Cake/View/View.php, line 473 Controller::render() - CORE/Cake/Controller/Controller.php, line 963 Dispatcher::_invoke() - CORE/Cake/Routing/Dispatcher.php, line 200 Dispatcher::dispatch() - CORE/Cake/Routing/Dispatcher.php, line 167 [main] - APP/webroot/index.php, line 109
MR. JUSTICE WASHINGTON delivered the opinion of the Court.
Notice (8): Undefined variable: query [APP/View/Case/amp.ctp, line 144]Code Contextecho $this->Adsense->display('responsive_rect');
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echo html_entity_decode($this->Wand->highlight($content[$i], $query));
$viewFile = '/home/legalcrystal/app/View/Case/amp.ctp' $dataForView = array( 'title_for_layout' => 'United States Vs Ortega - Citation 79079 - Court Judgment | ', 'desc' => array( 'Judgement' => array( 'id' => '79079', 'acts' => null, 'appealno' => '24 U.S. 467', 'appellant' => 'United States', 'authreffered' => null, 'casename' => 'United States Vs. Ortega', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1826-01-01', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<div> United States v. Ortega - 24 U.S. 467 (1826) <br /> <span> U.S. Supreme Court United States v. Ortega, 24 U.S. 11 Wheat. 467 467 (1826) </span> <p> <b> United States v. Ortega </b> </p> <p> <b> 24 U.S. (11 Wheat.) 467 </b> </p> <p> <b> </b> </p> <p> <em> ON CERTIFICATE OF DISAGREEMENT AMONG THE JUDGES OF THE CIRCUIT COURT </em> </p> <p> <em> OF THE UNITED STATES FOR THE EASTERN DISTRICT OF PENNSYLVANIA </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> An indictment under the crimes act of 1790, ch. 35, s. 37, for infracting the law of nations by offering violence to the person of a foreign minister is not a case "affecting ambassadors, other public ministers and consuls" within the second section of the Third Article of the Constitution of the United States. </p> <p> The circuit courts have jurisdiction of such an offense under the eleventh section of the Judiciary Act of 1789, ch. 20. </p> <p> <em> Quaere </em> whether the jurisdiction of the Supreme Court is not only original, but exclusive of the circuit court, in "cases affecting ambassadors, other public ministers and consuls" within the true construction of the second section of the third article of the Constitution </p> <p> MR. JUSTICE WASHINGTON delivered the opinion of the Court. </p> <p> The defendant, Juan Gualberto de Ortega, was indicted in the Circuit Court of the United States for the Eastern District of Pennsylvania for infracting the law of nations by offering violence to the person of Hilario de Rivas y Salmon, the charge d'affaires of his Catholic Majesty the King of Spain in the United States contrary to the law of nations and to the act of the Congress of the United States in such case provided. The jury having found a verdict of guilty, the defendant moved in arrest of judgment and assigned for cause </p> <p> "that the circuit court has not jurisdiction of the matter charged in the indictment, inasmuch as it is a case affecting an ambassador or other public minister." </p> <p> The opinions of the judges of that court upon this point being opposed, the cause comes before this Court upon a certificate of such disagreement. </p> <p> The questions to which the point certified by the court below gives rise are first, whether this is a case affecting an ambassador or other public minister within the meaning of the second section of the third article of the Constitution of the United States. If it be, then the next question would be whether the jurisdiction of the Supreme Court in such cases is not only original, but exclusive of the circuit courts under the true construction of the above section and article. </p> <p> The last question need not be decided in the present case, because the Court is clearly of </p> <p> <a class="page-number" id="469"> Page 24 U. S. 469 </a> </p> <p> opinion that this is not a case affecting a public minister within the plain meaning of the Constitution. It is that of a public prosecution instituted and conducted by and in the name of the United States for the purpose of vindicating the law of nations and that of the United States, offended, as the indictment charges, in the person of a public minister by an assault committed on him by a private individual. It is a case, then, which affects the United States and the individual whom they seek to punish, but one in which the minister himself, although he was the person injured by the assault, has no concern, either in the event of the prosecution or in the costs attending it. </p> <p> It is ordered to be certified to the Circuit Court for the Eastern District of Pennsylvania that that court has jurisdiction of the matter charged in the indictment, the case not being one which affects an ambassador or other public minister. </p> <p> <em> Certificate accordingly. </em> </p> <br /> <br /> </div>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Ortega', 'sub' => null, 'link' => '/cases/federal/us/24/467/', 'circuit' => null ) ), 'casename_url' => 'united-states-vs-ortega', 'args' => array( (int) 0 => '79079', (int) 1 => 'united-states-vs-ortega' ) ) $title_for_layout = 'United States Vs Ortega - Citation 79079 - Court Judgment | ' $desc = array( 'Judgement' => array( 'id' => '79079', 'acts' => null, 'appealno' => '24 U.S. 467', 'appellant' => 'United States', 'authreffered' => null, 'casename' => 'United States Vs. Ortega', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1826-01-01', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<div> United States v. Ortega - 24 U.S. 467 (1826) <br/> <span> U.S. Supreme Court United States v. Ortega, 24 U.S. 11 Wheat. 467 467 (1826) </span> <p> <b> United States v. Ortega </b> </p> <p> <b> 24 U.S. (11 Wheat.) 467 </b> </p> <p> <b> </b> </p> <p> <em> ON CERTIFICATE OF DISAGREEMENT AMONG THE JUDGES OF THE CIRCUIT COURT </em> </p> <p> <em> OF THE UNITED STATES FOR THE EASTERN DISTRICT OF PENNSYLVANIA </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> An indictment under the crimes act of 1790, ch. 35, s. 37, for infracting the law of nations by offering violence to the person of a foreign minister is not a case "affecting ambassadors, other public ministers and consuls" within the second section of the Third Article of the Constitution of the United States. </p> <p> The circuit courts have jurisdiction of such an offense under the eleventh section of the Judiciary Act of 1789, ch. 20. </p> <p> <em> Quaere </em> whether the jurisdiction of the Supreme Court is not only original, but exclusive of the circuit court, in "cases affecting ambassadors, other public ministers and consuls" within the true construction of the second section of the third article of the Constitution </p> <p> MR. JUSTICE WASHINGTON delivered the opinion of the Court. </p> <p> The defendant, Juan Gualberto de Ortega, was indicted in the Circuit Court of the United States for the Eastern District of Pennsylvania for infracting the law of nations by offering violence to the person of Hilario de Rivas y Salmon, the charge d'affaires of his Catholic Majesty the King of Spain in the United States contrary to the law of nations and to the act of the Congress of the United States in such case provided. The jury having found a verdict of guilty, the defendant moved in arrest of judgment and assigned for cause </p> <p> "that the circuit court has not jurisdiction of the matter charged in the indictment, inasmuch as it is a case affecting an ambassador or other public minister." </p> <p> The opinions of the judges of that court upon this point being opposed, the cause comes before this Court upon a certificate of such disagreement. </p> <p> The questions to which the point certified by the court below gives rise are first, whether this is a case affecting an ambassador or other public minister within the meaning of the second section of the third article of the Constitution of the United States. If it be, then the next question would be whether the jurisdiction of the Supreme Court in such cases is not only original, but exclusive of the circuit courts under the true construction of the above section and article. </p> <p> The last question need not be decided in the present case, because the Court is clearly of </p> <p> <a> Page 24 U. S. 469 </a> </p> <p> opinion that this is not a case affecting a public minister within the plain meaning of the Constitution. It is that of a public prosecution instituted and conducted by and in the name of the United States for the purpose of vindicating the law of nations and that of the United States, offended, as the indictment charges, in the person of a public minister by an assault committed on him by a private individual. It is a case, then, which affects the United States and the individual whom they seek to punish, but one in which the minister himself, although he was the person injured by the assault, has no concern, either in the event of the prosecution or in the costs attending it. </p> <p> It is ordered to be certified to the Circuit Court for the Eastern District of Pennsylvania that that court has jurisdiction of the matter charged in the indictment, the case not being one which affects an ambassador or other public minister. </p> <p> <em> Certificate accordingly. </em> </p> <br/> <br/> </div>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Ortega', 'sub' => null, 'link' => '/cases/federal/us/24/467/', 'circuit' => null ) ) $casename_url = 'united-states-vs-ortega' $args = array( (int) 0 => '79079', (int) 1 => 'united-states-vs-ortega' ) $url = 'https://sooperkanoon.com/case/amp/79079/united-states-vs-ortega' $ctype = '' $date = array( (int) 0 => 'Jan', (int) 1 => '01', (int) 2 => '1826' ) $content = array( (int) 0 => '<div> United States v. Ortega - 24 U.S. 467 (1826) <br/> <span> U.S. Supreme Court United States v. Ortega, 24 U.S. 11 Wheat. 467 467 (1826) </span> <p> <b> United States v. Ortega </b> ', (int) 1 => ' <p> <b> 24 U.S. (11 Wheat.) 467 </b> ', (int) 2 => ' <p> <b> </b> ', (int) 3 => ' <p> <em> ON CERTIFICATE OF DISAGREEMENT AMONG THE JUDGES OF THE CIRCUIT COURT </em> ', (int) 4 => ' <p> <em> OF THE UNITED STATES FOR THE EASTERN DISTRICT OF PENNSYLVANIA </em> ', (int) 5 => ' <p> <em> </em> <em> Syllabus </em> ', (int) 6 => ' <p> An indictment under the crimes act of 1790, ch. 35, s. 37, for infracting the law of nations by offering violence to the person of a foreign minister is not a case "affecting ambassadors, other public ministers and consuls" within the second section of the Third Article of the Constitution of the United States. ', (int) 7 => ' <p> The circuit courts have jurisdiction of such an offense under the eleventh section of the Judiciary Act of 1789, ch. 20. ', (int) 8 => ' <p> <em> Quaere </em> whether the jurisdiction of the Supreme Court is not only original, but exclusive of the circuit court, in "cases affecting ambassadors, other public ministers and consuls" within the true construction of the second section of the third article of the Constitution ', (int) 9 => ' <p> MR. JUSTICE WASHINGTON delivered the opinion of the Court. ', (int) 10 => ' <p> The defendant, Juan Gualberto de Ortega, was indicted in the Circuit Court of the United States for the Eastern District of Pennsylvania for infracting the law of nations by offering violence to the person of Hilario de Rivas y Salmon, the charge d'affaires of his Catholic Majesty the King of Spain in the United States contrary to the law of nations and to the act of the Congress of the United States in such case provided. The jury having found a verdict of guilty, the defendant moved in arrest of judgment and assigned for cause ', (int) 11 => ' <p> "that the circuit court has not jurisdiction of the matter charged in the indictment, inasmuch as it is a case affecting an ambassador or other public minister." ', (int) 12 => ' <p> The opinions of the judges of that court upon this point being opposed, the cause comes before this Court upon a certificate of such disagreement. ', (int) 13 => ' <p> The questions to which the point certified by the court below gives rise are first, whether this is a case affecting an ambassador or other public minister within the meaning of the second section of the third article of the Constitution of the United States. If it be, then the next question would be whether the jurisdiction of the Supreme Court in such cases is not only original, but exclusive of the circuit courts under the true construction of the above section and article. ', (int) 14 => ' <p> The last question need not be decided in the present case, because the Court is clearly of ', (int) 15 => ' <p> <a> Page 24 U. S. 469 </a> ', (int) 16 => ' <p> opinion that this is not a case affecting a public minister within the plain meaning of the Constitution. It is that of a public prosecution instituted and conducted by and in the name of the United States for the purpose of vindicating the law of nations and that of the United States, offended, as the indictment charges, in the person of a public minister by an assault committed on him by a private individual. It is a case, then, which affects the United States and the individual whom they seek to punish, but one in which the minister himself, although he was the person injured by the assault, has no concern, either in the event of the prosecution or in the costs attending it. ', (int) 17 => ' <p> It is ordered to be certified to the Circuit Court for the Eastern District of Pennsylvania that that court has jurisdiction of the matter charged in the indictment, the case not being one which affects an ambassador or other public minister. ', (int) 18 => ' <p> <em> Certificate accordingly. </em> ', (int) 19 => ' <br/> <br/> </div>' ) $paragraphAfter = (int) 1 $cnt = (int) 20 $i = (int) 10include - APP/View/Case/amp.ctp, line 144 View::_evaluate() - CORE/Cake/View/View.php, line 971 View::_render() - CORE/Cake/View/View.php, line 933 View::render() - CORE/Cake/View/View.php, line 473 Controller::render() - CORE/Cake/Controller/Controller.php, line 963 Dispatcher::_invoke() - CORE/Cake/Routing/Dispatcher.php, line 200 Dispatcher::dispatch() - CORE/Cake/Routing/Dispatcher.php, line 167 [main] - APP/webroot/index.php, line 109
The defendant, Juan Gualberto de Ortega, was indicted in the Circuit Court of the United States for the Eastern District of Pennsylvania for infracting the law of nations by offering violence to the person of Hilario de Rivas y Salmon, the charge d'affaires of his Catholic Majesty the King of Spain in the United States contrary to the law of nations and to the act of the Congress of the United States in such case provided. The jury having found a verdict of guilty, the defendant moved in arrest of judgment and assigned for cause
Notice (8): Undefined variable: query [APP/View/Case/amp.ctp, line 144]Code Contextecho $this->Adsense->display('responsive_rect');
}
echo html_entity_decode($this->Wand->highlight($content[$i], $query));
$viewFile = '/home/legalcrystal/app/View/Case/amp.ctp' $dataForView = array( 'title_for_layout' => 'United States Vs Ortega - Citation 79079 - Court Judgment | ', 'desc' => array( 'Judgement' => array( 'id' => '79079', 'acts' => null, 'appealno' => '24 U.S. 467', 'appellant' => 'United States', 'authreffered' => null, 'casename' => 'United States Vs. Ortega', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1826-01-01', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<div> United States v. Ortega - 24 U.S. 467 (1826) <br /> <span> U.S. Supreme Court United States v. Ortega, 24 U.S. 11 Wheat. 467 467 (1826) </span> <p> <b> United States v. Ortega </b> </p> <p> <b> 24 U.S. (11 Wheat.) 467 </b> </p> <p> <b> </b> </p> <p> <em> ON CERTIFICATE OF DISAGREEMENT AMONG THE JUDGES OF THE CIRCUIT COURT </em> </p> <p> <em> OF THE UNITED STATES FOR THE EASTERN DISTRICT OF PENNSYLVANIA </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> An indictment under the crimes act of 1790, ch. 35, s. 37, for infracting the law of nations by offering violence to the person of a foreign minister is not a case "affecting ambassadors, other public ministers and consuls" within the second section of the Third Article of the Constitution of the United States. </p> <p> The circuit courts have jurisdiction of such an offense under the eleventh section of the Judiciary Act of 1789, ch. 20. </p> <p> <em> Quaere </em> whether the jurisdiction of the Supreme Court is not only original, but exclusive of the circuit court, in "cases affecting ambassadors, other public ministers and consuls" within the true construction of the second section of the third article of the Constitution </p> <p> MR. JUSTICE WASHINGTON delivered the opinion of the Court. </p> <p> The defendant, Juan Gualberto de Ortega, was indicted in the Circuit Court of the United States for the Eastern District of Pennsylvania for infracting the law of nations by offering violence to the person of Hilario de Rivas y Salmon, the charge d'affaires of his Catholic Majesty the King of Spain in the United States contrary to the law of nations and to the act of the Congress of the United States in such case provided. The jury having found a verdict of guilty, the defendant moved in arrest of judgment and assigned for cause </p> <p> "that the circuit court has not jurisdiction of the matter charged in the indictment, inasmuch as it is a case affecting an ambassador or other public minister." </p> <p> The opinions of the judges of that court upon this point being opposed, the cause comes before this Court upon a certificate of such disagreement. </p> <p> The questions to which the point certified by the court below gives rise are first, whether this is a case affecting an ambassador or other public minister within the meaning of the second section of the third article of the Constitution of the United States. If it be, then the next question would be whether the jurisdiction of the Supreme Court in such cases is not only original, but exclusive of the circuit courts under the true construction of the above section and article. </p> <p> The last question need not be decided in the present case, because the Court is clearly of </p> <p> <a class="page-number" id="469"> Page 24 U. S. 469 </a> </p> <p> opinion that this is not a case affecting a public minister within the plain meaning of the Constitution. It is that of a public prosecution instituted and conducted by and in the name of the United States for the purpose of vindicating the law of nations and that of the United States, offended, as the indictment charges, in the person of a public minister by an assault committed on him by a private individual. It is a case, then, which affects the United States and the individual whom they seek to punish, but one in which the minister himself, although he was the person injured by the assault, has no concern, either in the event of the prosecution or in the costs attending it. </p> <p> It is ordered to be certified to the Circuit Court for the Eastern District of Pennsylvania that that court has jurisdiction of the matter charged in the indictment, the case not being one which affects an ambassador or other public minister. </p> <p> <em> Certificate accordingly. </em> </p> <br /> <br /> </div>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Ortega', 'sub' => null, 'link' => '/cases/federal/us/24/467/', 'circuit' => null ) ), 'casename_url' => 'united-states-vs-ortega', 'args' => array( (int) 0 => '79079', (int) 1 => 'united-states-vs-ortega' ) ) $title_for_layout = 'United States Vs Ortega - Citation 79079 - Court Judgment | ' $desc = array( 'Judgement' => array( 'id' => '79079', 'acts' => null, 'appealno' => '24 U.S. 467', 'appellant' => 'United States', 'authreffered' => null, 'casename' => 'United States Vs. Ortega', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1826-01-01', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<div> United States v. Ortega - 24 U.S. 467 (1826) <br/> <span> U.S. Supreme Court United States v. Ortega, 24 U.S. 11 Wheat. 467 467 (1826) </span> <p> <b> United States v. Ortega </b> </p> <p> <b> 24 U.S. (11 Wheat.) 467 </b> </p> <p> <b> </b> </p> <p> <em> ON CERTIFICATE OF DISAGREEMENT AMONG THE JUDGES OF THE CIRCUIT COURT </em> </p> <p> <em> OF THE UNITED STATES FOR THE EASTERN DISTRICT OF PENNSYLVANIA </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> An indictment under the crimes act of 1790, ch. 35, s. 37, for infracting the law of nations by offering violence to the person of a foreign minister is not a case "affecting ambassadors, other public ministers and consuls" within the second section of the Third Article of the Constitution of the United States. </p> <p> The circuit courts have jurisdiction of such an offense under the eleventh section of the Judiciary Act of 1789, ch. 20. </p> <p> <em> Quaere </em> whether the jurisdiction of the Supreme Court is not only original, but exclusive of the circuit court, in "cases affecting ambassadors, other public ministers and consuls" within the true construction of the second section of the third article of the Constitution </p> <p> MR. JUSTICE WASHINGTON delivered the opinion of the Court. </p> <p> The defendant, Juan Gualberto de Ortega, was indicted in the Circuit Court of the United States for the Eastern District of Pennsylvania for infracting the law of nations by offering violence to the person of Hilario de Rivas y Salmon, the charge d'affaires of his Catholic Majesty the King of Spain in the United States contrary to the law of nations and to the act of the Congress of the United States in such case provided. The jury having found a verdict of guilty, the defendant moved in arrest of judgment and assigned for cause </p> <p> "that the circuit court has not jurisdiction of the matter charged in the indictment, inasmuch as it is a case affecting an ambassador or other public minister." </p> <p> The opinions of the judges of that court upon this point being opposed, the cause comes before this Court upon a certificate of such disagreement. </p> <p> The questions to which the point certified by the court below gives rise are first, whether this is a case affecting an ambassador or other public minister within the meaning of the second section of the third article of the Constitution of the United States. If it be, then the next question would be whether the jurisdiction of the Supreme Court in such cases is not only original, but exclusive of the circuit courts under the true construction of the above section and article. </p> <p> The last question need not be decided in the present case, because the Court is clearly of </p> <p> <a> Page 24 U. S. 469 </a> </p> <p> opinion that this is not a case affecting a public minister within the plain meaning of the Constitution. It is that of a public prosecution instituted and conducted by and in the name of the United States for the purpose of vindicating the law of nations and that of the United States, offended, as the indictment charges, in the person of a public minister by an assault committed on him by a private individual. It is a case, then, which affects the United States and the individual whom they seek to punish, but one in which the minister himself, although he was the person injured by the assault, has no concern, either in the event of the prosecution or in the costs attending it. </p> <p> It is ordered to be certified to the Circuit Court for the Eastern District of Pennsylvania that that court has jurisdiction of the matter charged in the indictment, the case not being one which affects an ambassador or other public minister. </p> <p> <em> Certificate accordingly. </em> </p> <br/> <br/> </div>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Ortega', 'sub' => null, 'link' => '/cases/federal/us/24/467/', 'circuit' => null ) ) $casename_url = 'united-states-vs-ortega' $args = array( (int) 0 => '79079', (int) 1 => 'united-states-vs-ortega' ) $url = 'https://sooperkanoon.com/case/amp/79079/united-states-vs-ortega' $ctype = '' $date = array( (int) 0 => 'Jan', (int) 1 => '01', (int) 2 => '1826' ) $content = array( (int) 0 => '<div> United States v. Ortega - 24 U.S. 467 (1826) <br/> <span> U.S. Supreme Court United States v. Ortega, 24 U.S. 11 Wheat. 467 467 (1826) </span> <p> <b> United States v. Ortega </b> ', (int) 1 => ' <p> <b> 24 U.S. (11 Wheat.) 467 </b> ', (int) 2 => ' <p> <b> </b> ', (int) 3 => ' <p> <em> ON CERTIFICATE OF DISAGREEMENT AMONG THE JUDGES OF THE CIRCUIT COURT </em> ', (int) 4 => ' <p> <em> OF THE UNITED STATES FOR THE EASTERN DISTRICT OF PENNSYLVANIA </em> ', (int) 5 => ' <p> <em> </em> <em> Syllabus </em> ', (int) 6 => ' <p> An indictment under the crimes act of 1790, ch. 35, s. 37, for infracting the law of nations by offering violence to the person of a foreign minister is not a case "affecting ambassadors, other public ministers and consuls" within the second section of the Third Article of the Constitution of the United States. ', (int) 7 => ' <p> The circuit courts have jurisdiction of such an offense under the eleventh section of the Judiciary Act of 1789, ch. 20. ', (int) 8 => ' <p> <em> Quaere </em> whether the jurisdiction of the Supreme Court is not only original, but exclusive of the circuit court, in "cases affecting ambassadors, other public ministers and consuls" within the true construction of the second section of the third article of the Constitution ', (int) 9 => ' <p> MR. JUSTICE WASHINGTON delivered the opinion of the Court. ', (int) 10 => ' <p> The defendant, Juan Gualberto de Ortega, was indicted in the Circuit Court of the United States for the Eastern District of Pennsylvania for infracting the law of nations by offering violence to the person of Hilario de Rivas y Salmon, the charge d'affaires of his Catholic Majesty the King of Spain in the United States contrary to the law of nations and to the act of the Congress of the United States in such case provided. The jury having found a verdict of guilty, the defendant moved in arrest of judgment and assigned for cause ', (int) 11 => ' <p> "that the circuit court has not jurisdiction of the matter charged in the indictment, inasmuch as it is a case affecting an ambassador or other public minister." ', (int) 12 => ' <p> The opinions of the judges of that court upon this point being opposed, the cause comes before this Court upon a certificate of such disagreement. ', (int) 13 => ' <p> The questions to which the point certified by the court below gives rise are first, whether this is a case affecting an ambassador or other public minister within the meaning of the second section of the third article of the Constitution of the United States. If it be, then the next question would be whether the jurisdiction of the Supreme Court in such cases is not only original, but exclusive of the circuit courts under the true construction of the above section and article. ', (int) 14 => ' <p> The last question need not be decided in the present case, because the Court is clearly of ', (int) 15 => ' <p> <a> Page 24 U. S. 469 </a> ', (int) 16 => ' <p> opinion that this is not a case affecting a public minister within the plain meaning of the Constitution. It is that of a public prosecution instituted and conducted by and in the name of the United States for the purpose of vindicating the law of nations and that of the United States, offended, as the indictment charges, in the person of a public minister by an assault committed on him by a private individual. It is a case, then, which affects the United States and the individual whom they seek to punish, but one in which the minister himself, although he was the person injured by the assault, has no concern, either in the event of the prosecution or in the costs attending it. ', (int) 17 => ' <p> It is ordered to be certified to the Circuit Court for the Eastern District of Pennsylvania that that court has jurisdiction of the matter charged in the indictment, the case not being one which affects an ambassador or other public minister. ', (int) 18 => ' <p> <em> Certificate accordingly. </em> ', (int) 19 => ' <br/> <br/> </div>' ) $paragraphAfter = (int) 1 $cnt = (int) 20 $i = (int) 11include - APP/View/Case/amp.ctp, line 144 View::_evaluate() - CORE/Cake/View/View.php, line 971 View::_render() - CORE/Cake/View/View.php, line 933 View::render() - CORE/Cake/View/View.php, line 473 Controller::render() - CORE/Cake/Controller/Controller.php, line 963 Dispatcher::_invoke() - CORE/Cake/Routing/Dispatcher.php, line 200 Dispatcher::dispatch() - CORE/Cake/Routing/Dispatcher.php, line 167 [main] - APP/webroot/index.php, line 109
"that the circuit court has not jurisdiction of the matter charged in the indictment, inasmuch as it is a case affecting an ambassador or other public minister."
Notice (8): Undefined variable: query [APP/View/Case/amp.ctp, line 144]Code Contextecho $this->Adsense->display('responsive_rect');
}
echo html_entity_decode($this->Wand->highlight($content[$i], $query));
$viewFile = '/home/legalcrystal/app/View/Case/amp.ctp' $dataForView = array( 'title_for_layout' => 'United States Vs Ortega - Citation 79079 - Court Judgment | ', 'desc' => array( 'Judgement' => array( 'id' => '79079', 'acts' => null, 'appealno' => '24 U.S. 467', 'appellant' => 'United States', 'authreffered' => null, 'casename' => 'United States Vs. Ortega', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1826-01-01', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<div> United States v. Ortega - 24 U.S. 467 (1826) <br /> <span> U.S. Supreme Court United States v. Ortega, 24 U.S. 11 Wheat. 467 467 (1826) </span> <p> <b> United States v. Ortega </b> </p> <p> <b> 24 U.S. (11 Wheat.) 467 </b> </p> <p> <b> </b> </p> <p> <em> ON CERTIFICATE OF DISAGREEMENT AMONG THE JUDGES OF THE CIRCUIT COURT </em> </p> <p> <em> OF THE UNITED STATES FOR THE EASTERN DISTRICT OF PENNSYLVANIA </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> An indictment under the crimes act of 1790, ch. 35, s. 37, for infracting the law of nations by offering violence to the person of a foreign minister is not a case "affecting ambassadors, other public ministers and consuls" within the second section of the Third Article of the Constitution of the United States. </p> <p> The circuit courts have jurisdiction of such an offense under the eleventh section of the Judiciary Act of 1789, ch. 20. </p> <p> <em> Quaere </em> whether the jurisdiction of the Supreme Court is not only original, but exclusive of the circuit court, in "cases affecting ambassadors, other public ministers and consuls" within the true construction of the second section of the third article of the Constitution </p> <p> MR. JUSTICE WASHINGTON delivered the opinion of the Court. </p> <p> The defendant, Juan Gualberto de Ortega, was indicted in the Circuit Court of the United States for the Eastern District of Pennsylvania for infracting the law of nations by offering violence to the person of Hilario de Rivas y Salmon, the charge d'affaires of his Catholic Majesty the King of Spain in the United States contrary to the law of nations and to the act of the Congress of the United States in such case provided. The jury having found a verdict of guilty, the defendant moved in arrest of judgment and assigned for cause </p> <p> "that the circuit court has not jurisdiction of the matter charged in the indictment, inasmuch as it is a case affecting an ambassador or other public minister." </p> <p> The opinions of the judges of that court upon this point being opposed, the cause comes before this Court upon a certificate of such disagreement. </p> <p> The questions to which the point certified by the court below gives rise are first, whether this is a case affecting an ambassador or other public minister within the meaning of the second section of the third article of the Constitution of the United States. If it be, then the next question would be whether the jurisdiction of the Supreme Court in such cases is not only original, but exclusive of the circuit courts under the true construction of the above section and article. </p> <p> The last question need not be decided in the present case, because the Court is clearly of </p> <p> <a class="page-number" id="469"> Page 24 U. S. 469 </a> </p> <p> opinion that this is not a case affecting a public minister within the plain meaning of the Constitution. It is that of a public prosecution instituted and conducted by and in the name of the United States for the purpose of vindicating the law of nations and that of the United States, offended, as the indictment charges, in the person of a public minister by an assault committed on him by a private individual. It is a case, then, which affects the United States and the individual whom they seek to punish, but one in which the minister himself, although he was the person injured by the assault, has no concern, either in the event of the prosecution or in the costs attending it. </p> <p> It is ordered to be certified to the Circuit Court for the Eastern District of Pennsylvania that that court has jurisdiction of the matter charged in the indictment, the case not being one which affects an ambassador or other public minister. </p> <p> <em> Certificate accordingly. </em> </p> <br /> <br /> </div>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Ortega', 'sub' => null, 'link' => '/cases/federal/us/24/467/', 'circuit' => null ) ), 'casename_url' => 'united-states-vs-ortega', 'args' => array( (int) 0 => '79079', (int) 1 => 'united-states-vs-ortega' ) ) $title_for_layout = 'United States Vs Ortega - Citation 79079 - Court Judgment | ' $desc = array( 'Judgement' => array( 'id' => '79079', 'acts' => null, 'appealno' => '24 U.S. 467', 'appellant' => 'United States', 'authreffered' => null, 'casename' => 'United States Vs. Ortega', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1826-01-01', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<div> United States v. Ortega - 24 U.S. 467 (1826) <br/> <span> U.S. Supreme Court United States v. Ortega, 24 U.S. 11 Wheat. 467 467 (1826) </span> <p> <b> United States v. Ortega </b> </p> <p> <b> 24 U.S. (11 Wheat.) 467 </b> </p> <p> <b> </b> </p> <p> <em> ON CERTIFICATE OF DISAGREEMENT AMONG THE JUDGES OF THE CIRCUIT COURT </em> </p> <p> <em> OF THE UNITED STATES FOR THE EASTERN DISTRICT OF PENNSYLVANIA </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> An indictment under the crimes act of 1790, ch. 35, s. 37, for infracting the law of nations by offering violence to the person of a foreign minister is not a case "affecting ambassadors, other public ministers and consuls" within the second section of the Third Article of the Constitution of the United States. </p> <p> The circuit courts have jurisdiction of such an offense under the eleventh section of the Judiciary Act of 1789, ch. 20. </p> <p> <em> Quaere </em> whether the jurisdiction of the Supreme Court is not only original, but exclusive of the circuit court, in "cases affecting ambassadors, other public ministers and consuls" within the true construction of the second section of the third article of the Constitution </p> <p> MR. JUSTICE WASHINGTON delivered the opinion of the Court. </p> <p> The defendant, Juan Gualberto de Ortega, was indicted in the Circuit Court of the United States for the Eastern District of Pennsylvania for infracting the law of nations by offering violence to the person of Hilario de Rivas y Salmon, the charge d'affaires of his Catholic Majesty the King of Spain in the United States contrary to the law of nations and to the act of the Congress of the United States in such case provided. The jury having found a verdict of guilty, the defendant moved in arrest of judgment and assigned for cause </p> <p> "that the circuit court has not jurisdiction of the matter charged in the indictment, inasmuch as it is a case affecting an ambassador or other public minister." </p> <p> The opinions of the judges of that court upon this point being opposed, the cause comes before this Court upon a certificate of such disagreement. </p> <p> The questions to which the point certified by the court below gives rise are first, whether this is a case affecting an ambassador or other public minister within the meaning of the second section of the third article of the Constitution of the United States. If it be, then the next question would be whether the jurisdiction of the Supreme Court in such cases is not only original, but exclusive of the circuit courts under the true construction of the above section and article. </p> <p> The last question need not be decided in the present case, because the Court is clearly of </p> <p> <a> Page 24 U. S. 469 </a> </p> <p> opinion that this is not a case affecting a public minister within the plain meaning of the Constitution. It is that of a public prosecution instituted and conducted by and in the name of the United States for the purpose of vindicating the law of nations and that of the United States, offended, as the indictment charges, in the person of a public minister by an assault committed on him by a private individual. It is a case, then, which affects the United States and the individual whom they seek to punish, but one in which the minister himself, although he was the person injured by the assault, has no concern, either in the event of the prosecution or in the costs attending it. </p> <p> It is ordered to be certified to the Circuit Court for the Eastern District of Pennsylvania that that court has jurisdiction of the matter charged in the indictment, the case not being one which affects an ambassador or other public minister. </p> <p> <em> Certificate accordingly. </em> </p> <br/> <br/> </div>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Ortega', 'sub' => null, 'link' => '/cases/federal/us/24/467/', 'circuit' => null ) ) $casename_url = 'united-states-vs-ortega' $args = array( (int) 0 => '79079', (int) 1 => 'united-states-vs-ortega' ) $url = 'https://sooperkanoon.com/case/amp/79079/united-states-vs-ortega' $ctype = '' $date = array( (int) 0 => 'Jan', (int) 1 => '01', (int) 2 => '1826' ) $content = array( (int) 0 => '<div> United States v. Ortega - 24 U.S. 467 (1826) <br/> <span> U.S. Supreme Court United States v. Ortega, 24 U.S. 11 Wheat. 467 467 (1826) </span> <p> <b> United States v. Ortega </b> ', (int) 1 => ' <p> <b> 24 U.S. (11 Wheat.) 467 </b> ', (int) 2 => ' <p> <b> </b> ', (int) 3 => ' <p> <em> ON CERTIFICATE OF DISAGREEMENT AMONG THE JUDGES OF THE CIRCUIT COURT </em> ', (int) 4 => ' <p> <em> OF THE UNITED STATES FOR THE EASTERN DISTRICT OF PENNSYLVANIA </em> ', (int) 5 => ' <p> <em> </em> <em> Syllabus </em> ', (int) 6 => ' <p> An indictment under the crimes act of 1790, ch. 35, s. 37, for infracting the law of nations by offering violence to the person of a foreign minister is not a case "affecting ambassadors, other public ministers and consuls" within the second section of the Third Article of the Constitution of the United States. ', (int) 7 => ' <p> The circuit courts have jurisdiction of such an offense under the eleventh section of the Judiciary Act of 1789, ch. 20. ', (int) 8 => ' <p> <em> Quaere </em> whether the jurisdiction of the Supreme Court is not only original, but exclusive of the circuit court, in "cases affecting ambassadors, other public ministers and consuls" within the true construction of the second section of the third article of the Constitution ', (int) 9 => ' <p> MR. JUSTICE WASHINGTON delivered the opinion of the Court. ', (int) 10 => ' <p> The defendant, Juan Gualberto de Ortega, was indicted in the Circuit Court of the United States for the Eastern District of Pennsylvania for infracting the law of nations by offering violence to the person of Hilario de Rivas y Salmon, the charge d'affaires of his Catholic Majesty the King of Spain in the United States contrary to the law of nations and to the act of the Congress of the United States in such case provided. The jury having found a verdict of guilty, the defendant moved in arrest of judgment and assigned for cause ', (int) 11 => ' <p> "that the circuit court has not jurisdiction of the matter charged in the indictment, inasmuch as it is a case affecting an ambassador or other public minister." ', (int) 12 => ' <p> The opinions of the judges of that court upon this point being opposed, the cause comes before this Court upon a certificate of such disagreement. ', (int) 13 => ' <p> The questions to which the point certified by the court below gives rise are first, whether this is a case affecting an ambassador or other public minister within the meaning of the second section of the third article of the Constitution of the United States. If it be, then the next question would be whether the jurisdiction of the Supreme Court in such cases is not only original, but exclusive of the circuit courts under the true construction of the above section and article. ', (int) 14 => ' <p> The last question need not be decided in the present case, because the Court is clearly of ', (int) 15 => ' <p> <a> Page 24 U. S. 469 </a> ', (int) 16 => ' <p> opinion that this is not a case affecting a public minister within the plain meaning of the Constitution. It is that of a public prosecution instituted and conducted by and in the name of the United States for the purpose of vindicating the law of nations and that of the United States, offended, as the indictment charges, in the person of a public minister by an assault committed on him by a private individual. It is a case, then, which affects the United States and the individual whom they seek to punish, but one in which the minister himself, although he was the person injured by the assault, has no concern, either in the event of the prosecution or in the costs attending it. ', (int) 17 => ' <p> It is ordered to be certified to the Circuit Court for the Eastern District of Pennsylvania that that court has jurisdiction of the matter charged in the indictment, the case not being one which affects an ambassador or other public minister. ', (int) 18 => ' <p> <em> Certificate accordingly. </em> ', (int) 19 => ' <br/> <br/> </div>' ) $paragraphAfter = (int) 1 $cnt = (int) 20 $i = (int) 12include - APP/View/Case/amp.ctp, line 144 View::_evaluate() - CORE/Cake/View/View.php, line 971 View::_render() - CORE/Cake/View/View.php, line 933 View::render() - CORE/Cake/View/View.php, line 473 Controller::render() - CORE/Cake/Controller/Controller.php, line 963 Dispatcher::_invoke() - CORE/Cake/Routing/Dispatcher.php, line 200 Dispatcher::dispatch() - CORE/Cake/Routing/Dispatcher.php, line 167 [main] - APP/webroot/index.php, line 109
The opinions of the judges of that court upon this point being opposed, the cause comes before this Court upon a certificate of such disagreement.
Notice (8): Undefined variable: query [APP/View/Case/amp.ctp, line 144]Code Contextecho $this->Adsense->display('responsive_rect');
}
echo html_entity_decode($this->Wand->highlight($content[$i], $query));
$viewFile = '/home/legalcrystal/app/View/Case/amp.ctp' $dataForView = array( 'title_for_layout' => 'United States Vs Ortega - Citation 79079 - Court Judgment | ', 'desc' => array( 'Judgement' => array( 'id' => '79079', 'acts' => null, 'appealno' => '24 U.S. 467', 'appellant' => 'United States', 'authreffered' => null, 'casename' => 'United States Vs. Ortega', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1826-01-01', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<div> United States v. Ortega - 24 U.S. 467 (1826) <br /> <span> U.S. Supreme Court United States v. Ortega, 24 U.S. 11 Wheat. 467 467 (1826) </span> <p> <b> United States v. Ortega </b> </p> <p> <b> 24 U.S. (11 Wheat.) 467 </b> </p> <p> <b> </b> </p> <p> <em> ON CERTIFICATE OF DISAGREEMENT AMONG THE JUDGES OF THE CIRCUIT COURT </em> </p> <p> <em> OF THE UNITED STATES FOR THE EASTERN DISTRICT OF PENNSYLVANIA </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> An indictment under the crimes act of 1790, ch. 35, s. 37, for infracting the law of nations by offering violence to the person of a foreign minister is not a case "affecting ambassadors, other public ministers and consuls" within the second section of the Third Article of the Constitution of the United States. </p> <p> The circuit courts have jurisdiction of such an offense under the eleventh section of the Judiciary Act of 1789, ch. 20. </p> <p> <em> Quaere </em> whether the jurisdiction of the Supreme Court is not only original, but exclusive of the circuit court, in "cases affecting ambassadors, other public ministers and consuls" within the true construction of the second section of the third article of the Constitution </p> <p> MR. JUSTICE WASHINGTON delivered the opinion of the Court. </p> <p> The defendant, Juan Gualberto de Ortega, was indicted in the Circuit Court of the United States for the Eastern District of Pennsylvania for infracting the law of nations by offering violence to the person of Hilario de Rivas y Salmon, the charge d'affaires of his Catholic Majesty the King of Spain in the United States contrary to the law of nations and to the act of the Congress of the United States in such case provided. The jury having found a verdict of guilty, the defendant moved in arrest of judgment and assigned for cause </p> <p> "that the circuit court has not jurisdiction of the matter charged in the indictment, inasmuch as it is a case affecting an ambassador or other public minister." </p> <p> The opinions of the judges of that court upon this point being opposed, the cause comes before this Court upon a certificate of such disagreement. </p> <p> The questions to which the point certified by the court below gives rise are first, whether this is a case affecting an ambassador or other public minister within the meaning of the second section of the third article of the Constitution of the United States. If it be, then the next question would be whether the jurisdiction of the Supreme Court in such cases is not only original, but exclusive of the circuit courts under the true construction of the above section and article. </p> <p> The last question need not be decided in the present case, because the Court is clearly of </p> <p> <a class="page-number" id="469"> Page 24 U. S. 469 </a> </p> <p> opinion that this is not a case affecting a public minister within the plain meaning of the Constitution. It is that of a public prosecution instituted and conducted by and in the name of the United States for the purpose of vindicating the law of nations and that of the United States, offended, as the indictment charges, in the person of a public minister by an assault committed on him by a private individual. It is a case, then, which affects the United States and the individual whom they seek to punish, but one in which the minister himself, although he was the person injured by the assault, has no concern, either in the event of the prosecution or in the costs attending it. </p> <p> It is ordered to be certified to the Circuit Court for the Eastern District of Pennsylvania that that court has jurisdiction of the matter charged in the indictment, the case not being one which affects an ambassador or other public minister. </p> <p> <em> Certificate accordingly. </em> </p> <br /> <br /> </div>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Ortega', 'sub' => null, 'link' => '/cases/federal/us/24/467/', 'circuit' => null ) ), 'casename_url' => 'united-states-vs-ortega', 'args' => array( (int) 0 => '79079', (int) 1 => 'united-states-vs-ortega' ) ) $title_for_layout = 'United States Vs Ortega - Citation 79079 - Court Judgment | ' $desc = array( 'Judgement' => array( 'id' => '79079', 'acts' => null, 'appealno' => '24 U.S. 467', 'appellant' => 'United States', 'authreffered' => null, 'casename' => 'United States Vs. Ortega', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1826-01-01', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<div> United States v. Ortega - 24 U.S. 467 (1826) <br/> <span> U.S. Supreme Court United States v. Ortega, 24 U.S. 11 Wheat. 467 467 (1826) </span> <p> <b> United States v. Ortega </b> </p> <p> <b> 24 U.S. (11 Wheat.) 467 </b> </p> <p> <b> </b> </p> <p> <em> ON CERTIFICATE OF DISAGREEMENT AMONG THE JUDGES OF THE CIRCUIT COURT </em> </p> <p> <em> OF THE UNITED STATES FOR THE EASTERN DISTRICT OF PENNSYLVANIA </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> An indictment under the crimes act of 1790, ch. 35, s. 37, for infracting the law of nations by offering violence to the person of a foreign minister is not a case "affecting ambassadors, other public ministers and consuls" within the second section of the Third Article of the Constitution of the United States. </p> <p> The circuit courts have jurisdiction of such an offense under the eleventh section of the Judiciary Act of 1789, ch. 20. </p> <p> <em> Quaere </em> whether the jurisdiction of the Supreme Court is not only original, but exclusive of the circuit court, in "cases affecting ambassadors, other public ministers and consuls" within the true construction of the second section of the third article of the Constitution </p> <p> MR. JUSTICE WASHINGTON delivered the opinion of the Court. </p> <p> The defendant, Juan Gualberto de Ortega, was indicted in the Circuit Court of the United States for the Eastern District of Pennsylvania for infracting the law of nations by offering violence to the person of Hilario de Rivas y Salmon, the charge d'affaires of his Catholic Majesty the King of Spain in the United States contrary to the law of nations and to the act of the Congress of the United States in such case provided. The jury having found a verdict of guilty, the defendant moved in arrest of judgment and assigned for cause </p> <p> "that the circuit court has not jurisdiction of the matter charged in the indictment, inasmuch as it is a case affecting an ambassador or other public minister." </p> <p> The opinions of the judges of that court upon this point being opposed, the cause comes before this Court upon a certificate of such disagreement. </p> <p> The questions to which the point certified by the court below gives rise are first, whether this is a case affecting an ambassador or other public minister within the meaning of the second section of the third article of the Constitution of the United States. If it be, then the next question would be whether the jurisdiction of the Supreme Court in such cases is not only original, but exclusive of the circuit courts under the true construction of the above section and article. </p> <p> The last question need not be decided in the present case, because the Court is clearly of </p> <p> <a> Page 24 U. S. 469 </a> </p> <p> opinion that this is not a case affecting a public minister within the plain meaning of the Constitution. It is that of a public prosecution instituted and conducted by and in the name of the United States for the purpose of vindicating the law of nations and that of the United States, offended, as the indictment charges, in the person of a public minister by an assault committed on him by a private individual. It is a case, then, which affects the United States and the individual whom they seek to punish, but one in which the minister himself, although he was the person injured by the assault, has no concern, either in the event of the prosecution or in the costs attending it. </p> <p> It is ordered to be certified to the Circuit Court for the Eastern District of Pennsylvania that that court has jurisdiction of the matter charged in the indictment, the case not being one which affects an ambassador or other public minister. </p> <p> <em> Certificate accordingly. </em> </p> <br/> <br/> </div>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Ortega', 'sub' => null, 'link' => '/cases/federal/us/24/467/', 'circuit' => null ) ) $casename_url = 'united-states-vs-ortega' $args = array( (int) 0 => '79079', (int) 1 => 'united-states-vs-ortega' ) $url = 'https://sooperkanoon.com/case/amp/79079/united-states-vs-ortega' $ctype = '' $date = array( (int) 0 => 'Jan', (int) 1 => '01', (int) 2 => '1826' ) $content = array( (int) 0 => '<div> United States v. Ortega - 24 U.S. 467 (1826) <br/> <span> U.S. Supreme Court United States v. Ortega, 24 U.S. 11 Wheat. 467 467 (1826) </span> <p> <b> United States v. Ortega </b> ', (int) 1 => ' <p> <b> 24 U.S. (11 Wheat.) 467 </b> ', (int) 2 => ' <p> <b> </b> ', (int) 3 => ' <p> <em> ON CERTIFICATE OF DISAGREEMENT AMONG THE JUDGES OF THE CIRCUIT COURT </em> ', (int) 4 => ' <p> <em> OF THE UNITED STATES FOR THE EASTERN DISTRICT OF PENNSYLVANIA </em> ', (int) 5 => ' <p> <em> </em> <em> Syllabus </em> ', (int) 6 => ' <p> An indictment under the crimes act of 1790, ch. 35, s. 37, for infracting the law of nations by offering violence to the person of a foreign minister is not a case "affecting ambassadors, other public ministers and consuls" within the second section of the Third Article of the Constitution of the United States. ', (int) 7 => ' <p> The circuit courts have jurisdiction of such an offense under the eleventh section of the Judiciary Act of 1789, ch. 20. ', (int) 8 => ' <p> <em> Quaere </em> whether the jurisdiction of the Supreme Court is not only original, but exclusive of the circuit court, in "cases affecting ambassadors, other public ministers and consuls" within the true construction of the second section of the third article of the Constitution ', (int) 9 => ' <p> MR. JUSTICE WASHINGTON delivered the opinion of the Court. ', (int) 10 => ' <p> The defendant, Juan Gualberto de Ortega, was indicted in the Circuit Court of the United States for the Eastern District of Pennsylvania for infracting the law of nations by offering violence to the person of Hilario de Rivas y Salmon, the charge d'affaires of his Catholic Majesty the King of Spain in the United States contrary to the law of nations and to the act of the Congress of the United States in such case provided. The jury having found a verdict of guilty, the defendant moved in arrest of judgment and assigned for cause ', (int) 11 => ' <p> "that the circuit court has not jurisdiction of the matter charged in the indictment, inasmuch as it is a case affecting an ambassador or other public minister." ', (int) 12 => ' <p> The opinions of the judges of that court upon this point being opposed, the cause comes before this Court upon a certificate of such disagreement. ', (int) 13 => ' <p> The questions to which the point certified by the court below gives rise are first, whether this is a case affecting an ambassador or other public minister within the meaning of the second section of the third article of the Constitution of the United States. If it be, then the next question would be whether the jurisdiction of the Supreme Court in such cases is not only original, but exclusive of the circuit courts under the true construction of the above section and article. ', (int) 14 => ' <p> The last question need not be decided in the present case, because the Court is clearly of ', (int) 15 => ' <p> <a> Page 24 U. S. 469 </a> ', (int) 16 => ' <p> opinion that this is not a case affecting a public minister within the plain meaning of the Constitution. It is that of a public prosecution instituted and conducted by and in the name of the United States for the purpose of vindicating the law of nations and that of the United States, offended, as the indictment charges, in the person of a public minister by an assault committed on him by a private individual. It is a case, then, which affects the United States and the individual whom they seek to punish, but one in which the minister himself, although he was the person injured by the assault, has no concern, either in the event of the prosecution or in the costs attending it. ', (int) 17 => ' <p> It is ordered to be certified to the Circuit Court for the Eastern District of Pennsylvania that that court has jurisdiction of the matter charged in the indictment, the case not being one which affects an ambassador or other public minister. ', (int) 18 => ' <p> <em> Certificate accordingly. </em> ', (int) 19 => ' <br/> <br/> </div>' ) $paragraphAfter = (int) 1 $cnt = (int) 20 $i = (int) 13include - APP/View/Case/amp.ctp, line 144 View::_evaluate() - CORE/Cake/View/View.php, line 971 View::_render() - CORE/Cake/View/View.php, line 933 View::render() - CORE/Cake/View/View.php, line 473 Controller::render() - CORE/Cake/Controller/Controller.php, line 963 Dispatcher::_invoke() - CORE/Cake/Routing/Dispatcher.php, line 200 Dispatcher::dispatch() - CORE/Cake/Routing/Dispatcher.php, line 167 [main] - APP/webroot/index.php, line 109
The questions to which the point certified by the court below gives rise are first, whether this is a case affecting an ambassador or other public minister within the meaning of the second section of the third article of the Constitution of the United States. If it be, then the next question would be whether the jurisdiction of the Supreme Court in such cases is not only original, but exclusive of the circuit courts under the true construction of the above section and article.
Notice (8): Undefined variable: query [APP/View/Case/amp.ctp, line 144]Code Contextecho $this->Adsense->display('responsive_rect');
}
echo html_entity_decode($this->Wand->highlight($content[$i], $query));
$viewFile = '/home/legalcrystal/app/View/Case/amp.ctp' $dataForView = array( 'title_for_layout' => 'United States Vs Ortega - Citation 79079 - Court Judgment | ', 'desc' => array( 'Judgement' => array( 'id' => '79079', 'acts' => null, 'appealno' => '24 U.S. 467', 'appellant' => 'United States', 'authreffered' => null, 'casename' => 'United States Vs. Ortega', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1826-01-01', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<div> United States v. Ortega - 24 U.S. 467 (1826) <br /> <span> U.S. Supreme Court United States v. Ortega, 24 U.S. 11 Wheat. 467 467 (1826) </span> <p> <b> United States v. Ortega </b> </p> <p> <b> 24 U.S. (11 Wheat.) 467 </b> </p> <p> <b> </b> </p> <p> <em> ON CERTIFICATE OF DISAGREEMENT AMONG THE JUDGES OF THE CIRCUIT COURT </em> </p> <p> <em> OF THE UNITED STATES FOR THE EASTERN DISTRICT OF PENNSYLVANIA </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> An indictment under the crimes act of 1790, ch. 35, s. 37, for infracting the law of nations by offering violence to the person of a foreign minister is not a case "affecting ambassadors, other public ministers and consuls" within the second section of the Third Article of the Constitution of the United States. </p> <p> The circuit courts have jurisdiction of such an offense under the eleventh section of the Judiciary Act of 1789, ch. 20. </p> <p> <em> Quaere </em> whether the jurisdiction of the Supreme Court is not only original, but exclusive of the circuit court, in "cases affecting ambassadors, other public ministers and consuls" within the true construction of the second section of the third article of the Constitution </p> <p> MR. JUSTICE WASHINGTON delivered the opinion of the Court. </p> <p> The defendant, Juan Gualberto de Ortega, was indicted in the Circuit Court of the United States for the Eastern District of Pennsylvania for infracting the law of nations by offering violence to the person of Hilario de Rivas y Salmon, the charge d'affaires of his Catholic Majesty the King of Spain in the United States contrary to the law of nations and to the act of the Congress of the United States in such case provided. The jury having found a verdict of guilty, the defendant moved in arrest of judgment and assigned for cause </p> <p> "that the circuit court has not jurisdiction of the matter charged in the indictment, inasmuch as it is a case affecting an ambassador or other public minister." </p> <p> The opinions of the judges of that court upon this point being opposed, the cause comes before this Court upon a certificate of such disagreement. </p> <p> The questions to which the point certified by the court below gives rise are first, whether this is a case affecting an ambassador or other public minister within the meaning of the second section of the third article of the Constitution of the United States. If it be, then the next question would be whether the jurisdiction of the Supreme Court in such cases is not only original, but exclusive of the circuit courts under the true construction of the above section and article. </p> <p> The last question need not be decided in the present case, because the Court is clearly of </p> <p> <a class="page-number" id="469"> Page 24 U. S. 469 </a> </p> <p> opinion that this is not a case affecting a public minister within the plain meaning of the Constitution. It is that of a public prosecution instituted and conducted by and in the name of the United States for the purpose of vindicating the law of nations and that of the United States, offended, as the indictment charges, in the person of a public minister by an assault committed on him by a private individual. It is a case, then, which affects the United States and the individual whom they seek to punish, but one in which the minister himself, although he was the person injured by the assault, has no concern, either in the event of the prosecution or in the costs attending it. </p> <p> It is ordered to be certified to the Circuit Court for the Eastern District of Pennsylvania that that court has jurisdiction of the matter charged in the indictment, the case not being one which affects an ambassador or other public minister. </p> <p> <em> Certificate accordingly. </em> </p> <br /> <br /> </div>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Ortega', 'sub' => null, 'link' => '/cases/federal/us/24/467/', 'circuit' => null ) ), 'casename_url' => 'united-states-vs-ortega', 'args' => array( (int) 0 => '79079', (int) 1 => 'united-states-vs-ortega' ) ) $title_for_layout = 'United States Vs Ortega - Citation 79079 - Court Judgment | ' $desc = array( 'Judgement' => array( 'id' => '79079', 'acts' => null, 'appealno' => '24 U.S. 467', 'appellant' => 'United States', 'authreffered' => null, 'casename' => 'United States Vs. Ortega', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1826-01-01', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<div> United States v. Ortega - 24 U.S. 467 (1826) <br/> <span> U.S. Supreme Court United States v. Ortega, 24 U.S. 11 Wheat. 467 467 (1826) </span> <p> <b> United States v. Ortega </b> </p> <p> <b> 24 U.S. (11 Wheat.) 467 </b> </p> <p> <b> </b> </p> <p> <em> ON CERTIFICATE OF DISAGREEMENT AMONG THE JUDGES OF THE CIRCUIT COURT </em> </p> <p> <em> OF THE UNITED STATES FOR THE EASTERN DISTRICT OF PENNSYLVANIA </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> An indictment under the crimes act of 1790, ch. 35, s. 37, for infracting the law of nations by offering violence to the person of a foreign minister is not a case "affecting ambassadors, other public ministers and consuls" within the second section of the Third Article of the Constitution of the United States. </p> <p> The circuit courts have jurisdiction of such an offense under the eleventh section of the Judiciary Act of 1789, ch. 20. </p> <p> <em> Quaere </em> whether the jurisdiction of the Supreme Court is not only original, but exclusive of the circuit court, in "cases affecting ambassadors, other public ministers and consuls" within the true construction of the second section of the third article of the Constitution </p> <p> MR. JUSTICE WASHINGTON delivered the opinion of the Court. </p> <p> The defendant, Juan Gualberto de Ortega, was indicted in the Circuit Court of the United States for the Eastern District of Pennsylvania for infracting the law of nations by offering violence to the person of Hilario de Rivas y Salmon, the charge d'affaires of his Catholic Majesty the King of Spain in the United States contrary to the law of nations and to the act of the Congress of the United States in such case provided. The jury having found a verdict of guilty, the defendant moved in arrest of judgment and assigned for cause </p> <p> "that the circuit court has not jurisdiction of the matter charged in the indictment, inasmuch as it is a case affecting an ambassador or other public minister." </p> <p> The opinions of the judges of that court upon this point being opposed, the cause comes before this Court upon a certificate of such disagreement. </p> <p> The questions to which the point certified by the court below gives rise are first, whether this is a case affecting an ambassador or other public minister within the meaning of the second section of the third article of the Constitution of the United States. If it be, then the next question would be whether the jurisdiction of the Supreme Court in such cases is not only original, but exclusive of the circuit courts under the true construction of the above section and article. </p> <p> The last question need not be decided in the present case, because the Court is clearly of </p> <p> <a> Page 24 U. S. 469 </a> </p> <p> opinion that this is not a case affecting a public minister within the plain meaning of the Constitution. It is that of a public prosecution instituted and conducted by and in the name of the United States for the purpose of vindicating the law of nations and that of the United States, offended, as the indictment charges, in the person of a public minister by an assault committed on him by a private individual. It is a case, then, which affects the United States and the individual whom they seek to punish, but one in which the minister himself, although he was the person injured by the assault, has no concern, either in the event of the prosecution or in the costs attending it. </p> <p> It is ordered to be certified to the Circuit Court for the Eastern District of Pennsylvania that that court has jurisdiction of the matter charged in the indictment, the case not being one which affects an ambassador or other public minister. </p> <p> <em> Certificate accordingly. </em> </p> <br/> <br/> </div>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Ortega', 'sub' => null, 'link' => '/cases/federal/us/24/467/', 'circuit' => null ) ) $casename_url = 'united-states-vs-ortega' $args = array( (int) 0 => '79079', (int) 1 => 'united-states-vs-ortega' ) $url = 'https://sooperkanoon.com/case/amp/79079/united-states-vs-ortega' $ctype = '' $date = array( (int) 0 => 'Jan', (int) 1 => '01', (int) 2 => '1826' ) $content = array( (int) 0 => '<div> United States v. Ortega - 24 U.S. 467 (1826) <br/> <span> U.S. Supreme Court United States v. Ortega, 24 U.S. 11 Wheat. 467 467 (1826) </span> <p> <b> United States v. Ortega </b> ', (int) 1 => ' <p> <b> 24 U.S. (11 Wheat.) 467 </b> ', (int) 2 => ' <p> <b> </b> ', (int) 3 => ' <p> <em> ON CERTIFICATE OF DISAGREEMENT AMONG THE JUDGES OF THE CIRCUIT COURT </em> ', (int) 4 => ' <p> <em> OF THE UNITED STATES FOR THE EASTERN DISTRICT OF PENNSYLVANIA </em> ', (int) 5 => ' <p> <em> </em> <em> Syllabus </em> ', (int) 6 => ' <p> An indictment under the crimes act of 1790, ch. 35, s. 37, for infracting the law of nations by offering violence to the person of a foreign minister is not a case "affecting ambassadors, other public ministers and consuls" within the second section of the Third Article of the Constitution of the United States. ', (int) 7 => ' <p> The circuit courts have jurisdiction of such an offense under the eleventh section of the Judiciary Act of 1789, ch. 20. ', (int) 8 => ' <p> <em> Quaere </em> whether the jurisdiction of the Supreme Court is not only original, but exclusive of the circuit court, in "cases affecting ambassadors, other public ministers and consuls" within the true construction of the second section of the third article of the Constitution ', (int) 9 => ' <p> MR. JUSTICE WASHINGTON delivered the opinion of the Court. ', (int) 10 => ' <p> The defendant, Juan Gualberto de Ortega, was indicted in the Circuit Court of the United States for the Eastern District of Pennsylvania for infracting the law of nations by offering violence to the person of Hilario de Rivas y Salmon, the charge d'affaires of his Catholic Majesty the King of Spain in the United States contrary to the law of nations and to the act of the Congress of the United States in such case provided. The jury having found a verdict of guilty, the defendant moved in arrest of judgment and assigned for cause ', (int) 11 => ' <p> "that the circuit court has not jurisdiction of the matter charged in the indictment, inasmuch as it is a case affecting an ambassador or other public minister." ', (int) 12 => ' <p> The opinions of the judges of that court upon this point being opposed, the cause comes before this Court upon a certificate of such disagreement. ', (int) 13 => ' <p> The questions to which the point certified by the court below gives rise are first, whether this is a case affecting an ambassador or other public minister within the meaning of the second section of the third article of the Constitution of the United States. If it be, then the next question would be whether the jurisdiction of the Supreme Court in such cases is not only original, but exclusive of the circuit courts under the true construction of the above section and article. ', (int) 14 => ' <p> The last question need not be decided in the present case, because the Court is clearly of ', (int) 15 => ' <p> <a> Page 24 U. S. 469 </a> ', (int) 16 => ' <p> opinion that this is not a case affecting a public minister within the plain meaning of the Constitution. It is that of a public prosecution instituted and conducted by and in the name of the United States for the purpose of vindicating the law of nations and that of the United States, offended, as the indictment charges, in the person of a public minister by an assault committed on him by a private individual. It is a case, then, which affects the United States and the individual whom they seek to punish, but one in which the minister himself, although he was the person injured by the assault, has no concern, either in the event of the prosecution or in the costs attending it. ', (int) 17 => ' <p> It is ordered to be certified to the Circuit Court for the Eastern District of Pennsylvania that that court has jurisdiction of the matter charged in the indictment, the case not being one which affects an ambassador or other public minister. ', (int) 18 => ' <p> <em> Certificate accordingly. </em> ', (int) 19 => ' <br/> <br/> </div>' ) $paragraphAfter = (int) 1 $cnt = (int) 20 $i = (int) 14include - APP/View/Case/amp.ctp, line 144 View::_evaluate() - CORE/Cake/View/View.php, line 971 View::_render() - CORE/Cake/View/View.php, line 933 View::render() - CORE/Cake/View/View.php, line 473 Controller::render() - CORE/Cake/Controller/Controller.php, line 963 Dispatcher::_invoke() - CORE/Cake/Routing/Dispatcher.php, line 200 Dispatcher::dispatch() - CORE/Cake/Routing/Dispatcher.php, line 167 [main] - APP/webroot/index.php, line 109
The last question need not be decided in the present case, because the Court is clearly of
Notice (8): Undefined variable: query [APP/View/Case/amp.ctp, line 144]Code Contextecho $this->Adsense->display('responsive_rect');
}
echo html_entity_decode($this->Wand->highlight($content[$i], $query));
$viewFile = '/home/legalcrystal/app/View/Case/amp.ctp' $dataForView = array( 'title_for_layout' => 'United States Vs Ortega - Citation 79079 - Court Judgment | ', 'desc' => array( 'Judgement' => array( 'id' => '79079', 'acts' => null, 'appealno' => '24 U.S. 467', 'appellant' => 'United States', 'authreffered' => null, 'casename' => 'United States Vs. Ortega', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1826-01-01', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<div> United States v. Ortega - 24 U.S. 467 (1826) <br /> <span> U.S. Supreme Court United States v. Ortega, 24 U.S. 11 Wheat. 467 467 (1826) </span> <p> <b> United States v. Ortega </b> </p> <p> <b> 24 U.S. (11 Wheat.) 467 </b> </p> <p> <b> </b> </p> <p> <em> ON CERTIFICATE OF DISAGREEMENT AMONG THE JUDGES OF THE CIRCUIT COURT </em> </p> <p> <em> OF THE UNITED STATES FOR THE EASTERN DISTRICT OF PENNSYLVANIA </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> An indictment under the crimes act of 1790, ch. 35, s. 37, for infracting the law of nations by offering violence to the person of a foreign minister is not a case "affecting ambassadors, other public ministers and consuls" within the second section of the Third Article of the Constitution of the United States. </p> <p> The circuit courts have jurisdiction of such an offense under the eleventh section of the Judiciary Act of 1789, ch. 20. </p> <p> <em> Quaere </em> whether the jurisdiction of the Supreme Court is not only original, but exclusive of the circuit court, in "cases affecting ambassadors, other public ministers and consuls" within the true construction of the second section of the third article of the Constitution </p> <p> MR. JUSTICE WASHINGTON delivered the opinion of the Court. </p> <p> The defendant, Juan Gualberto de Ortega, was indicted in the Circuit Court of the United States for the Eastern District of Pennsylvania for infracting the law of nations by offering violence to the person of Hilario de Rivas y Salmon, the charge d'affaires of his Catholic Majesty the King of Spain in the United States contrary to the law of nations and to the act of the Congress of the United States in such case provided. The jury having found a verdict of guilty, the defendant moved in arrest of judgment and assigned for cause </p> <p> "that the circuit court has not jurisdiction of the matter charged in the indictment, inasmuch as it is a case affecting an ambassador or other public minister." </p> <p> The opinions of the judges of that court upon this point being opposed, the cause comes before this Court upon a certificate of such disagreement. </p> <p> The questions to which the point certified by the court below gives rise are first, whether this is a case affecting an ambassador or other public minister within the meaning of the second section of the third article of the Constitution of the United States. If it be, then the next question would be whether the jurisdiction of the Supreme Court in such cases is not only original, but exclusive of the circuit courts under the true construction of the above section and article. </p> <p> The last question need not be decided in the present case, because the Court is clearly of </p> <p> <a class="page-number" id="469"> Page 24 U. S. 469 </a> </p> <p> opinion that this is not a case affecting a public minister within the plain meaning of the Constitution. It is that of a public prosecution instituted and conducted by and in the name of the United States for the purpose of vindicating the law of nations and that of the United States, offended, as the indictment charges, in the person of a public minister by an assault committed on him by a private individual. It is a case, then, which affects the United States and the individual whom they seek to punish, but one in which the minister himself, although he was the person injured by the assault, has no concern, either in the event of the prosecution or in the costs attending it. </p> <p> It is ordered to be certified to the Circuit Court for the Eastern District of Pennsylvania that that court has jurisdiction of the matter charged in the indictment, the case not being one which affects an ambassador or other public minister. </p> <p> <em> Certificate accordingly. </em> </p> <br /> <br /> </div>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Ortega', 'sub' => null, 'link' => '/cases/federal/us/24/467/', 'circuit' => null ) ), 'casename_url' => 'united-states-vs-ortega', 'args' => array( (int) 0 => '79079', (int) 1 => 'united-states-vs-ortega' ) ) $title_for_layout = 'United States Vs Ortega - Citation 79079 - Court Judgment | ' $desc = array( 'Judgement' => array( 'id' => '79079', 'acts' => null, 'appealno' => '24 U.S. 467', 'appellant' => 'United States', 'authreffered' => null, 'casename' => 'United States Vs. Ortega', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1826-01-01', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<div> United States v. Ortega - 24 U.S. 467 (1826) <br/> <span> U.S. Supreme Court United States v. Ortega, 24 U.S. 11 Wheat. 467 467 (1826) </span> <p> <b> United States v. Ortega </b> </p> <p> <b> 24 U.S. (11 Wheat.) 467 </b> </p> <p> <b> </b> </p> <p> <em> ON CERTIFICATE OF DISAGREEMENT AMONG THE JUDGES OF THE CIRCUIT COURT </em> </p> <p> <em> OF THE UNITED STATES FOR THE EASTERN DISTRICT OF PENNSYLVANIA </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> An indictment under the crimes act of 1790, ch. 35, s. 37, for infracting the law of nations by offering violence to the person of a foreign minister is not a case "affecting ambassadors, other public ministers and consuls" within the second section of the Third Article of the Constitution of the United States. </p> <p> The circuit courts have jurisdiction of such an offense under the eleventh section of the Judiciary Act of 1789, ch. 20. </p> <p> <em> Quaere </em> whether the jurisdiction of the Supreme Court is not only original, but exclusive of the circuit court, in "cases affecting ambassadors, other public ministers and consuls" within the true construction of the second section of the third article of the Constitution </p> <p> MR. JUSTICE WASHINGTON delivered the opinion of the Court. </p> <p> The defendant, Juan Gualberto de Ortega, was indicted in the Circuit Court of the United States for the Eastern District of Pennsylvania for infracting the law of nations by offering violence to the person of Hilario de Rivas y Salmon, the charge d'affaires of his Catholic Majesty the King of Spain in the United States contrary to the law of nations and to the act of the Congress of the United States in such case provided. The jury having found a verdict of guilty, the defendant moved in arrest of judgment and assigned for cause </p> <p> "that the circuit court has not jurisdiction of the matter charged in the indictment, inasmuch as it is a case affecting an ambassador or other public minister." </p> <p> The opinions of the judges of that court upon this point being opposed, the cause comes before this Court upon a certificate of such disagreement. </p> <p> The questions to which the point certified by the court below gives rise are first, whether this is a case affecting an ambassador or other public minister within the meaning of the second section of the third article of the Constitution of the United States. If it be, then the next question would be whether the jurisdiction of the Supreme Court in such cases is not only original, but exclusive of the circuit courts under the true construction of the above section and article. </p> <p> The last question need not be decided in the present case, because the Court is clearly of </p> <p> <a> Page 24 U. S. 469 </a> </p> <p> opinion that this is not a case affecting a public minister within the plain meaning of the Constitution. It is that of a public prosecution instituted and conducted by and in the name of the United States for the purpose of vindicating the law of nations and that of the United States, offended, as the indictment charges, in the person of a public minister by an assault committed on him by a private individual. It is a case, then, which affects the United States and the individual whom they seek to punish, but one in which the minister himself, although he was the person injured by the assault, has no concern, either in the event of the prosecution or in the costs attending it. </p> <p> It is ordered to be certified to the Circuit Court for the Eastern District of Pennsylvania that that court has jurisdiction of the matter charged in the indictment, the case not being one which affects an ambassador or other public minister. </p> <p> <em> Certificate accordingly. </em> </p> <br/> <br/> </div>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Ortega', 'sub' => null, 'link' => '/cases/federal/us/24/467/', 'circuit' => null ) ) $casename_url = 'united-states-vs-ortega' $args = array( (int) 0 => '79079', (int) 1 => 'united-states-vs-ortega' ) $url = 'https://sooperkanoon.com/case/amp/79079/united-states-vs-ortega' $ctype = '' $date = array( (int) 0 => 'Jan', (int) 1 => '01', (int) 2 => '1826' ) $content = array( (int) 0 => '<div> United States v. Ortega - 24 U.S. 467 (1826) <br/> <span> U.S. Supreme Court United States v. Ortega, 24 U.S. 11 Wheat. 467 467 (1826) </span> <p> <b> United States v. Ortega </b> ', (int) 1 => ' <p> <b> 24 U.S. (11 Wheat.) 467 </b> ', (int) 2 => ' <p> <b> </b> ', (int) 3 => ' <p> <em> ON CERTIFICATE OF DISAGREEMENT AMONG THE JUDGES OF THE CIRCUIT COURT </em> ', (int) 4 => ' <p> <em> OF THE UNITED STATES FOR THE EASTERN DISTRICT OF PENNSYLVANIA </em> ', (int) 5 => ' <p> <em> </em> <em> Syllabus </em> ', (int) 6 => ' <p> An indictment under the crimes act of 1790, ch. 35, s. 37, for infracting the law of nations by offering violence to the person of a foreign minister is not a case "affecting ambassadors, other public ministers and consuls" within the second section of the Third Article of the Constitution of the United States. ', (int) 7 => ' <p> The circuit courts have jurisdiction of such an offense under the eleventh section of the Judiciary Act of 1789, ch. 20. ', (int) 8 => ' <p> <em> Quaere </em> whether the jurisdiction of the Supreme Court is not only original, but exclusive of the circuit court, in "cases affecting ambassadors, other public ministers and consuls" within the true construction of the second section of the third article of the Constitution ', (int) 9 => ' <p> MR. JUSTICE WASHINGTON delivered the opinion of the Court. ', (int) 10 => ' <p> The defendant, Juan Gualberto de Ortega, was indicted in the Circuit Court of the United States for the Eastern District of Pennsylvania for infracting the law of nations by offering violence to the person of Hilario de Rivas y Salmon, the charge d'affaires of his Catholic Majesty the King of Spain in the United States contrary to the law of nations and to the act of the Congress of the United States in such case provided. The jury having found a verdict of guilty, the defendant moved in arrest of judgment and assigned for cause ', (int) 11 => ' <p> "that the circuit court has not jurisdiction of the matter charged in the indictment, inasmuch as it is a case affecting an ambassador or other public minister." ', (int) 12 => ' <p> The opinions of the judges of that court upon this point being opposed, the cause comes before this Court upon a certificate of such disagreement. ', (int) 13 => ' <p> The questions to which the point certified by the court below gives rise are first, whether this is a case affecting an ambassador or other public minister within the meaning of the second section of the third article of the Constitution of the United States. If it be, then the next question would be whether the jurisdiction of the Supreme Court in such cases is not only original, but exclusive of the circuit courts under the true construction of the above section and article. ', (int) 14 => ' <p> The last question need not be decided in the present case, because the Court is clearly of ', (int) 15 => ' <p> <a> Page 24 U. S. 469 </a> ', (int) 16 => ' <p> opinion that this is not a case affecting a public minister within the plain meaning of the Constitution. It is that of a public prosecution instituted and conducted by and in the name of the United States for the purpose of vindicating the law of nations and that of the United States, offended, as the indictment charges, in the person of a public minister by an assault committed on him by a private individual. It is a case, then, which affects the United States and the individual whom they seek to punish, but one in which the minister himself, although he was the person injured by the assault, has no concern, either in the event of the prosecution or in the costs attending it. ', (int) 17 => ' <p> It is ordered to be certified to the Circuit Court for the Eastern District of Pennsylvania that that court has jurisdiction of the matter charged in the indictment, the case not being one which affects an ambassador or other public minister. ', (int) 18 => ' <p> <em> Certificate accordingly. </em> ', (int) 19 => ' <br/> <br/> </div>' ) $paragraphAfter = (int) 1 $cnt = (int) 20 $i = (int) 15include - APP/View/Case/amp.ctp, line 144 View::_evaluate() - CORE/Cake/View/View.php, line 971 View::_render() - CORE/Cake/View/View.php, line 933 View::render() - CORE/Cake/View/View.php, line 473 Controller::render() - CORE/Cake/Controller/Controller.php, line 963 Dispatcher::_invoke() - CORE/Cake/Routing/Dispatcher.php, line 200 Dispatcher::dispatch() - CORE/Cake/Routing/Dispatcher.php, line 167 [main] - APP/webroot/index.php, line 109
Notice (8): Undefined variable: query [APP/View/Case/amp.ctp, line 144]Code Contextecho $this->Adsense->display('responsive_rect');
}
echo html_entity_decode($this->Wand->highlight($content[$i], $query));
$viewFile = '/home/legalcrystal/app/View/Case/amp.ctp' $dataForView = array( 'title_for_layout' => 'United States Vs Ortega - Citation 79079 - Court Judgment | ', 'desc' => array( 'Judgement' => array( 'id' => '79079', 'acts' => null, 'appealno' => '24 U.S. 467', 'appellant' => 'United States', 'authreffered' => null, 'casename' => 'United States Vs. Ortega', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1826-01-01', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<div> United States v. Ortega - 24 U.S. 467 (1826) <br /> <span> U.S. Supreme Court United States v. Ortega, 24 U.S. 11 Wheat. 467 467 (1826) </span> <p> <b> United States v. Ortega </b> </p> <p> <b> 24 U.S. (11 Wheat.) 467 </b> </p> <p> <b> </b> </p> <p> <em> ON CERTIFICATE OF DISAGREEMENT AMONG THE JUDGES OF THE CIRCUIT COURT </em> </p> <p> <em> OF THE UNITED STATES FOR THE EASTERN DISTRICT OF PENNSYLVANIA </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> An indictment under the crimes act of 1790, ch. 35, s. 37, for infracting the law of nations by offering violence to the person of a foreign minister is not a case "affecting ambassadors, other public ministers and consuls" within the second section of the Third Article of the Constitution of the United States. </p> <p> The circuit courts have jurisdiction of such an offense under the eleventh section of the Judiciary Act of 1789, ch. 20. </p> <p> <em> Quaere </em> whether the jurisdiction of the Supreme Court is not only original, but exclusive of the circuit court, in "cases affecting ambassadors, other public ministers and consuls" within the true construction of the second section of the third article of the Constitution </p> <p> MR. JUSTICE WASHINGTON delivered the opinion of the Court. </p> <p> The defendant, Juan Gualberto de Ortega, was indicted in the Circuit Court of the United States for the Eastern District of Pennsylvania for infracting the law of nations by offering violence to the person of Hilario de Rivas y Salmon, the charge d'affaires of his Catholic Majesty the King of Spain in the United States contrary to the law of nations and to the act of the Congress of the United States in such case provided. The jury having found a verdict of guilty, the defendant moved in arrest of judgment and assigned for cause </p> <p> "that the circuit court has not jurisdiction of the matter charged in the indictment, inasmuch as it is a case affecting an ambassador or other public minister." </p> <p> The opinions of the judges of that court upon this point being opposed, the cause comes before this Court upon a certificate of such disagreement. </p> <p> The questions to which the point certified by the court below gives rise are first, whether this is a case affecting an ambassador or other public minister within the meaning of the second section of the third article of the Constitution of the United States. If it be, then the next question would be whether the jurisdiction of the Supreme Court in such cases is not only original, but exclusive of the circuit courts under the true construction of the above section and article. </p> <p> The last question need not be decided in the present case, because the Court is clearly of </p> <p> <a class="page-number" id="469"> Page 24 U. S. 469 </a> </p> <p> opinion that this is not a case affecting a public minister within the plain meaning of the Constitution. It is that of a public prosecution instituted and conducted by and in the name of the United States for the purpose of vindicating the law of nations and that of the United States, offended, as the indictment charges, in the person of a public minister by an assault committed on him by a private individual. It is a case, then, which affects the United States and the individual whom they seek to punish, but one in which the minister himself, although he was the person injured by the assault, has no concern, either in the event of the prosecution or in the costs attending it. </p> <p> It is ordered to be certified to the Circuit Court for the Eastern District of Pennsylvania that that court has jurisdiction of the matter charged in the indictment, the case not being one which affects an ambassador or other public minister. </p> <p> <em> Certificate accordingly. </em> </p> <br /> <br /> </div>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Ortega', 'sub' => null, 'link' => '/cases/federal/us/24/467/', 'circuit' => null ) ), 'casename_url' => 'united-states-vs-ortega', 'args' => array( (int) 0 => '79079', (int) 1 => 'united-states-vs-ortega' ) ) $title_for_layout = 'United States Vs Ortega - Citation 79079 - Court Judgment | ' $desc = array( 'Judgement' => array( 'id' => '79079', 'acts' => null, 'appealno' => '24 U.S. 467', 'appellant' => 'United States', 'authreffered' => null, 'casename' => 'United States Vs. Ortega', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1826-01-01', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<div> United States v. Ortega - 24 U.S. 467 (1826) <br/> <span> U.S. Supreme Court United States v. Ortega, 24 U.S. 11 Wheat. 467 467 (1826) </span> <p> <b> United States v. Ortega </b> </p> <p> <b> 24 U.S. (11 Wheat.) 467 </b> </p> <p> <b> </b> </p> <p> <em> ON CERTIFICATE OF DISAGREEMENT AMONG THE JUDGES OF THE CIRCUIT COURT </em> </p> <p> <em> OF THE UNITED STATES FOR THE EASTERN DISTRICT OF PENNSYLVANIA </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> An indictment under the crimes act of 1790, ch. 35, s. 37, for infracting the law of nations by offering violence to the person of a foreign minister is not a case "affecting ambassadors, other public ministers and consuls" within the second section of the Third Article of the Constitution of the United States. </p> <p> The circuit courts have jurisdiction of such an offense under the eleventh section of the Judiciary Act of 1789, ch. 20. </p> <p> <em> Quaere </em> whether the jurisdiction of the Supreme Court is not only original, but exclusive of the circuit court, in "cases affecting ambassadors, other public ministers and consuls" within the true construction of the second section of the third article of the Constitution </p> <p> MR. JUSTICE WASHINGTON delivered the opinion of the Court. </p> <p> The defendant, Juan Gualberto de Ortega, was indicted in the Circuit Court of the United States for the Eastern District of Pennsylvania for infracting the law of nations by offering violence to the person of Hilario de Rivas y Salmon, the charge d'affaires of his Catholic Majesty the King of Spain in the United States contrary to the law of nations and to the act of the Congress of the United States in such case provided. The jury having found a verdict of guilty, the defendant moved in arrest of judgment and assigned for cause </p> <p> "that the circuit court has not jurisdiction of the matter charged in the indictment, inasmuch as it is a case affecting an ambassador or other public minister." </p> <p> The opinions of the judges of that court upon this point being opposed, the cause comes before this Court upon a certificate of such disagreement. </p> <p> The questions to which the point certified by the court below gives rise are first, whether this is a case affecting an ambassador or other public minister within the meaning of the second section of the third article of the Constitution of the United States. If it be, then the next question would be whether the jurisdiction of the Supreme Court in such cases is not only original, but exclusive of the circuit courts under the true construction of the above section and article. </p> <p> The last question need not be decided in the present case, because the Court is clearly of </p> <p> <a> Page 24 U. S. 469 </a> </p> <p> opinion that this is not a case affecting a public minister within the plain meaning of the Constitution. It is that of a public prosecution instituted and conducted by and in the name of the United States for the purpose of vindicating the law of nations and that of the United States, offended, as the indictment charges, in the person of a public minister by an assault committed on him by a private individual. It is a case, then, which affects the United States and the individual whom they seek to punish, but one in which the minister himself, although he was the person injured by the assault, has no concern, either in the event of the prosecution or in the costs attending it. </p> <p> It is ordered to be certified to the Circuit Court for the Eastern District of Pennsylvania that that court has jurisdiction of the matter charged in the indictment, the case not being one which affects an ambassador or other public minister. </p> <p> <em> Certificate accordingly. </em> </p> <br/> <br/> </div>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Ortega', 'sub' => null, 'link' => '/cases/federal/us/24/467/', 'circuit' => null ) ) $casename_url = 'united-states-vs-ortega' $args = array( (int) 0 => '79079', (int) 1 => 'united-states-vs-ortega' ) $url = 'https://sooperkanoon.com/case/amp/79079/united-states-vs-ortega' $ctype = '' $date = array( (int) 0 => 'Jan', (int) 1 => '01', (int) 2 => '1826' ) $content = array( (int) 0 => '<div> United States v. Ortega - 24 U.S. 467 (1826) <br/> <span> U.S. Supreme Court United States v. Ortega, 24 U.S. 11 Wheat. 467 467 (1826) </span> <p> <b> United States v. Ortega </b> ', (int) 1 => ' <p> <b> 24 U.S. (11 Wheat.) 467 </b> ', (int) 2 => ' <p> <b> </b> ', (int) 3 => ' <p> <em> ON CERTIFICATE OF DISAGREEMENT AMONG THE JUDGES OF THE CIRCUIT COURT </em> ', (int) 4 => ' <p> <em> OF THE UNITED STATES FOR THE EASTERN DISTRICT OF PENNSYLVANIA </em> ', (int) 5 => ' <p> <em> </em> <em> Syllabus </em> ', (int) 6 => ' <p> An indictment under the crimes act of 1790, ch. 35, s. 37, for infracting the law of nations by offering violence to the person of a foreign minister is not a case "affecting ambassadors, other public ministers and consuls" within the second section of the Third Article of the Constitution of the United States. ', (int) 7 => ' <p> The circuit courts have jurisdiction of such an offense under the eleventh section of the Judiciary Act of 1789, ch. 20. ', (int) 8 => ' <p> <em> Quaere </em> whether the jurisdiction of the Supreme Court is not only original, but exclusive of the circuit court, in "cases affecting ambassadors, other public ministers and consuls" within the true construction of the second section of the third article of the Constitution ', (int) 9 => ' <p> MR. JUSTICE WASHINGTON delivered the opinion of the Court. ', (int) 10 => ' <p> The defendant, Juan Gualberto de Ortega, was indicted in the Circuit Court of the United States for the Eastern District of Pennsylvania for infracting the law of nations by offering violence to the person of Hilario de Rivas y Salmon, the charge d'affaires of his Catholic Majesty the King of Spain in the United States contrary to the law of nations and to the act of the Congress of the United States in such case provided. The jury having found a verdict of guilty, the defendant moved in arrest of judgment and assigned for cause ', (int) 11 => ' <p> "that the circuit court has not jurisdiction of the matter charged in the indictment, inasmuch as it is a case affecting an ambassador or other public minister." ', (int) 12 => ' <p> The opinions of the judges of that court upon this point being opposed, the cause comes before this Court upon a certificate of such disagreement. ', (int) 13 => ' <p> The questions to which the point certified by the court below gives rise are first, whether this is a case affecting an ambassador or other public minister within the meaning of the second section of the third article of the Constitution of the United States. If it be, then the next question would be whether the jurisdiction of the Supreme Court in such cases is not only original, but exclusive of the circuit courts under the true construction of the above section and article. ', (int) 14 => ' <p> The last question need not be decided in the present case, because the Court is clearly of ', (int) 15 => ' <p> <a> Page 24 U. S. 469 </a> ', (int) 16 => ' <p> opinion that this is not a case affecting a public minister within the plain meaning of the Constitution. It is that of a public prosecution instituted and conducted by and in the name of the United States for the purpose of vindicating the law of nations and that of the United States, offended, as the indictment charges, in the person of a public minister by an assault committed on him by a private individual. It is a case, then, which affects the United States and the individual whom they seek to punish, but one in which the minister himself, although he was the person injured by the assault, has no concern, either in the event of the prosecution or in the costs attending it. ', (int) 17 => ' <p> It is ordered to be certified to the Circuit Court for the Eastern District of Pennsylvania that that court has jurisdiction of the matter charged in the indictment, the case not being one which affects an ambassador or other public minister. ', (int) 18 => ' <p> <em> Certificate accordingly. </em> ', (int) 19 => ' <br/> <br/> </div>' ) $paragraphAfter = (int) 1 $cnt = (int) 20 $i = (int) 16include - APP/View/Case/amp.ctp, line 144 View::_evaluate() - CORE/Cake/View/View.php, line 971 View::_render() - CORE/Cake/View/View.php, line 933 View::render() - CORE/Cake/View/View.php, line 473 Controller::render() - CORE/Cake/Controller/Controller.php, line 963 Dispatcher::_invoke() - CORE/Cake/Routing/Dispatcher.php, line 200 Dispatcher::dispatch() - CORE/Cake/Routing/Dispatcher.php, line 167 [main] - APP/webroot/index.php, line 109
opinion that this is not a case affecting a public minister within the plain meaning of the Constitution. It is that of a public prosecution instituted and conducted by and in the name of the United States for the purpose of vindicating the law of nations and that of the United States, offended, as the indictment charges, in the person of a public minister by an assault committed on him by a private individual. It is a case, then, which affects the United States and the individual whom they seek to punish, but one in which the minister himself, although he was the person injured by the assault, has no concern, either in the event of the prosecution or in the costs attending it.
Notice (8): Undefined variable: query [APP/View/Case/amp.ctp, line 144]Code Contextecho $this->Adsense->display('responsive_rect');
}
echo html_entity_decode($this->Wand->highlight($content[$i], $query));
$viewFile = '/home/legalcrystal/app/View/Case/amp.ctp' $dataForView = array( 'title_for_layout' => 'United States Vs Ortega - Citation 79079 - Court Judgment | ', 'desc' => array( 'Judgement' => array( 'id' => '79079', 'acts' => null, 'appealno' => '24 U.S. 467', 'appellant' => 'United States', 'authreffered' => null, 'casename' => 'United States Vs. Ortega', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1826-01-01', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<div> United States v. Ortega - 24 U.S. 467 (1826) <br /> <span> U.S. Supreme Court United States v. Ortega, 24 U.S. 11 Wheat. 467 467 (1826) </span> <p> <b> United States v. Ortega </b> </p> <p> <b> 24 U.S. (11 Wheat.) 467 </b> </p> <p> <b> </b> </p> <p> <em> ON CERTIFICATE OF DISAGREEMENT AMONG THE JUDGES OF THE CIRCUIT COURT </em> </p> <p> <em> OF THE UNITED STATES FOR THE EASTERN DISTRICT OF PENNSYLVANIA </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> An indictment under the crimes act of 1790, ch. 35, s. 37, for infracting the law of nations by offering violence to the person of a foreign minister is not a case "affecting ambassadors, other public ministers and consuls" within the second section of the Third Article of the Constitution of the United States. </p> <p> The circuit courts have jurisdiction of such an offense under the eleventh section of the Judiciary Act of 1789, ch. 20. </p> <p> <em> Quaere </em> whether the jurisdiction of the Supreme Court is not only original, but exclusive of the circuit court, in "cases affecting ambassadors, other public ministers and consuls" within the true construction of the second section of the third article of the Constitution </p> <p> MR. JUSTICE WASHINGTON delivered the opinion of the Court. </p> <p> The defendant, Juan Gualberto de Ortega, was indicted in the Circuit Court of the United States for the Eastern District of Pennsylvania for infracting the law of nations by offering violence to the person of Hilario de Rivas y Salmon, the charge d'affaires of his Catholic Majesty the King of Spain in the United States contrary to the law of nations and to the act of the Congress of the United States in such case provided. The jury having found a verdict of guilty, the defendant moved in arrest of judgment and assigned for cause </p> <p> "that the circuit court has not jurisdiction of the matter charged in the indictment, inasmuch as it is a case affecting an ambassador or other public minister." </p> <p> The opinions of the judges of that court upon this point being opposed, the cause comes before this Court upon a certificate of such disagreement. </p> <p> The questions to which the point certified by the court below gives rise are first, whether this is a case affecting an ambassador or other public minister within the meaning of the second section of the third article of the Constitution of the United States. If it be, then the next question would be whether the jurisdiction of the Supreme Court in such cases is not only original, but exclusive of the circuit courts under the true construction of the above section and article. </p> <p> The last question need not be decided in the present case, because the Court is clearly of </p> <p> <a class="page-number" id="469"> Page 24 U. S. 469 </a> </p> <p> opinion that this is not a case affecting a public minister within the plain meaning of the Constitution. It is that of a public prosecution instituted and conducted by and in the name of the United States for the purpose of vindicating the law of nations and that of the United States, offended, as the indictment charges, in the person of a public minister by an assault committed on him by a private individual. It is a case, then, which affects the United States and the individual whom they seek to punish, but one in which the minister himself, although he was the person injured by the assault, has no concern, either in the event of the prosecution or in the costs attending it. </p> <p> It is ordered to be certified to the Circuit Court for the Eastern District of Pennsylvania that that court has jurisdiction of the matter charged in the indictment, the case not being one which affects an ambassador or other public minister. </p> <p> <em> Certificate accordingly. </em> </p> <br /> <br /> </div>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Ortega', 'sub' => null, 'link' => '/cases/federal/us/24/467/', 'circuit' => null ) ), 'casename_url' => 'united-states-vs-ortega', 'args' => array( (int) 0 => '79079', (int) 1 => 'united-states-vs-ortega' ) ) $title_for_layout = 'United States Vs Ortega - Citation 79079 - Court Judgment | ' $desc = array( 'Judgement' => array( 'id' => '79079', 'acts' => null, 'appealno' => '24 U.S. 467', 'appellant' => 'United States', 'authreffered' => null, 'casename' => 'United States Vs. Ortega', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1826-01-01', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<div> United States v. Ortega - 24 U.S. 467 (1826) <br/> <span> U.S. Supreme Court United States v. Ortega, 24 U.S. 11 Wheat. 467 467 (1826) </span> <p> <b> United States v. Ortega </b> </p> <p> <b> 24 U.S. (11 Wheat.) 467 </b> </p> <p> <b> </b> </p> <p> <em> ON CERTIFICATE OF DISAGREEMENT AMONG THE JUDGES OF THE CIRCUIT COURT </em> </p> <p> <em> OF THE UNITED STATES FOR THE EASTERN DISTRICT OF PENNSYLVANIA </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> An indictment under the crimes act of 1790, ch. 35, s. 37, for infracting the law of nations by offering violence to the person of a foreign minister is not a case "affecting ambassadors, other public ministers and consuls" within the second section of the Third Article of the Constitution of the United States. </p> <p> The circuit courts have jurisdiction of such an offense under the eleventh section of the Judiciary Act of 1789, ch. 20. </p> <p> <em> Quaere </em> whether the jurisdiction of the Supreme Court is not only original, but exclusive of the circuit court, in "cases affecting ambassadors, other public ministers and consuls" within the true construction of the second section of the third article of the Constitution </p> <p> MR. JUSTICE WASHINGTON delivered the opinion of the Court. </p> <p> The defendant, Juan Gualberto de Ortega, was indicted in the Circuit Court of the United States for the Eastern District of Pennsylvania for infracting the law of nations by offering violence to the person of Hilario de Rivas y Salmon, the charge d'affaires of his Catholic Majesty the King of Spain in the United States contrary to the law of nations and to the act of the Congress of the United States in such case provided. The jury having found a verdict of guilty, the defendant moved in arrest of judgment and assigned for cause </p> <p> "that the circuit court has not jurisdiction of the matter charged in the indictment, inasmuch as it is a case affecting an ambassador or other public minister." </p> <p> The opinions of the judges of that court upon this point being opposed, the cause comes before this Court upon a certificate of such disagreement. </p> <p> The questions to which the point certified by the court below gives rise are first, whether this is a case affecting an ambassador or other public minister within the meaning of the second section of the third article of the Constitution of the United States. If it be, then the next question would be whether the jurisdiction of the Supreme Court in such cases is not only original, but exclusive of the circuit courts under the true construction of the above section and article. </p> <p> The last question need not be decided in the present case, because the Court is clearly of </p> <p> <a> Page 24 U. S. 469 </a> </p> <p> opinion that this is not a case affecting a public minister within the plain meaning of the Constitution. It is that of a public prosecution instituted and conducted by and in the name of the United States for the purpose of vindicating the law of nations and that of the United States, offended, as the indictment charges, in the person of a public minister by an assault committed on him by a private individual. It is a case, then, which affects the United States and the individual whom they seek to punish, but one in which the minister himself, although he was the person injured by the assault, has no concern, either in the event of the prosecution or in the costs attending it. </p> <p> It is ordered to be certified to the Circuit Court for the Eastern District of Pennsylvania that that court has jurisdiction of the matter charged in the indictment, the case not being one which affects an ambassador or other public minister. </p> <p> <em> Certificate accordingly. </em> </p> <br/> <br/> </div>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Ortega', 'sub' => null, 'link' => '/cases/federal/us/24/467/', 'circuit' => null ) ) $casename_url = 'united-states-vs-ortega' $args = array( (int) 0 => '79079', (int) 1 => 'united-states-vs-ortega' ) $url = 'https://sooperkanoon.com/case/amp/79079/united-states-vs-ortega' $ctype = '' $date = array( (int) 0 => 'Jan', (int) 1 => '01', (int) 2 => '1826' ) $content = array( (int) 0 => '<div> United States v. Ortega - 24 U.S. 467 (1826) <br/> <span> U.S. Supreme Court United States v. Ortega, 24 U.S. 11 Wheat. 467 467 (1826) </span> <p> <b> United States v. Ortega </b> ', (int) 1 => ' <p> <b> 24 U.S. (11 Wheat.) 467 </b> ', (int) 2 => ' <p> <b> </b> ', (int) 3 => ' <p> <em> ON CERTIFICATE OF DISAGREEMENT AMONG THE JUDGES OF THE CIRCUIT COURT </em> ', (int) 4 => ' <p> <em> OF THE UNITED STATES FOR THE EASTERN DISTRICT OF PENNSYLVANIA </em> ', (int) 5 => ' <p> <em> </em> <em> Syllabus </em> ', (int) 6 => ' <p> An indictment under the crimes act of 1790, ch. 35, s. 37, for infracting the law of nations by offering violence to the person of a foreign minister is not a case "affecting ambassadors, other public ministers and consuls" within the second section of the Third Article of the Constitution of the United States. ', (int) 7 => ' <p> The circuit courts have jurisdiction of such an offense under the eleventh section of the Judiciary Act of 1789, ch. 20. ', (int) 8 => ' <p> <em> Quaere </em> whether the jurisdiction of the Supreme Court is not only original, but exclusive of the circuit court, in "cases affecting ambassadors, other public ministers and consuls" within the true construction of the second section of the third article of the Constitution ', (int) 9 => ' <p> MR. JUSTICE WASHINGTON delivered the opinion of the Court. ', (int) 10 => ' <p> The defendant, Juan Gualberto de Ortega, was indicted in the Circuit Court of the United States for the Eastern District of Pennsylvania for infracting the law of nations by offering violence to the person of Hilario de Rivas y Salmon, the charge d'affaires of his Catholic Majesty the King of Spain in the United States contrary to the law of nations and to the act of the Congress of the United States in such case provided. The jury having found a verdict of guilty, the defendant moved in arrest of judgment and assigned for cause ', (int) 11 => ' <p> "that the circuit court has not jurisdiction of the matter charged in the indictment, inasmuch as it is a case affecting an ambassador or other public minister." ', (int) 12 => ' <p> The opinions of the judges of that court upon this point being opposed, the cause comes before this Court upon a certificate of such disagreement. ', (int) 13 => ' <p> The questions to which the point certified by the court below gives rise are first, whether this is a case affecting an ambassador or other public minister within the meaning of the second section of the third article of the Constitution of the United States. If it be, then the next question would be whether the jurisdiction of the Supreme Court in such cases is not only original, but exclusive of the circuit courts under the true construction of the above section and article. ', (int) 14 => ' <p> The last question need not be decided in the present case, because the Court is clearly of ', (int) 15 => ' <p> <a> Page 24 U. S. 469 </a> ', (int) 16 => ' <p> opinion that this is not a case affecting a public minister within the plain meaning of the Constitution. It is that of a public prosecution instituted and conducted by and in the name of the United States for the purpose of vindicating the law of nations and that of the United States, offended, as the indictment charges, in the person of a public minister by an assault committed on him by a private individual. It is a case, then, which affects the United States and the individual whom they seek to punish, but one in which the minister himself, although he was the person injured by the assault, has no concern, either in the event of the prosecution or in the costs attending it. ', (int) 17 => ' <p> It is ordered to be certified to the Circuit Court for the Eastern District of Pennsylvania that that court has jurisdiction of the matter charged in the indictment, the case not being one which affects an ambassador or other public minister. ', (int) 18 => ' <p> <em> Certificate accordingly. </em> ', (int) 19 => ' <br/> <br/> </div>' ) $paragraphAfter = (int) 1 $cnt = (int) 20 $i = (int) 17include - APP/View/Case/amp.ctp, line 144 View::_evaluate() - CORE/Cake/View/View.php, line 971 View::_render() - CORE/Cake/View/View.php, line 933 View::render() - CORE/Cake/View/View.php, line 473 Controller::render() - CORE/Cake/Controller/Controller.php, line 963 Dispatcher::_invoke() - CORE/Cake/Routing/Dispatcher.php, line 200 Dispatcher::dispatch() - CORE/Cake/Routing/Dispatcher.php, line 167 [main] - APP/webroot/index.php, line 109
It is ordered to be certified to the Circuit Court for the Eastern District of Pennsylvania that that court has jurisdiction of the matter charged in the indictment, the case not being one which affects an ambassador or other public minister.
Notice (8): Undefined variable: query [APP/View/Case/amp.ctp, line 144]Code Contextecho $this->Adsense->display('responsive_rect');
}
echo html_entity_decode($this->Wand->highlight($content[$i], $query));
$viewFile = '/home/legalcrystal/app/View/Case/amp.ctp' $dataForView = array( 'title_for_layout' => 'United States Vs Ortega - Citation 79079 - Court Judgment | ', 'desc' => array( 'Judgement' => array( 'id' => '79079', 'acts' => null, 'appealno' => '24 U.S. 467', 'appellant' => 'United States', 'authreffered' => null, 'casename' => 'United States Vs. Ortega', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1826-01-01', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<div> United States v. Ortega - 24 U.S. 467 (1826) <br /> <span> U.S. Supreme Court United States v. Ortega, 24 U.S. 11 Wheat. 467 467 (1826) </span> <p> <b> United States v. Ortega </b> </p> <p> <b> 24 U.S. (11 Wheat.) 467 </b> </p> <p> <b> </b> </p> <p> <em> ON CERTIFICATE OF DISAGREEMENT AMONG THE JUDGES OF THE CIRCUIT COURT </em> </p> <p> <em> OF THE UNITED STATES FOR THE EASTERN DISTRICT OF PENNSYLVANIA </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> An indictment under the crimes act of 1790, ch. 35, s. 37, for infracting the law of nations by offering violence to the person of a foreign minister is not a case "affecting ambassadors, other public ministers and consuls" within the second section of the Third Article of the Constitution of the United States. </p> <p> The circuit courts have jurisdiction of such an offense under the eleventh section of the Judiciary Act of 1789, ch. 20. </p> <p> <em> Quaere </em> whether the jurisdiction of the Supreme Court is not only original, but exclusive of the circuit court, in "cases affecting ambassadors, other public ministers and consuls" within the true construction of the second section of the third article of the Constitution </p> <p> MR. JUSTICE WASHINGTON delivered the opinion of the Court. </p> <p> The defendant, Juan Gualberto de Ortega, was indicted in the Circuit Court of the United States for the Eastern District of Pennsylvania for infracting the law of nations by offering violence to the person of Hilario de Rivas y Salmon, the charge d'affaires of his Catholic Majesty the King of Spain in the United States contrary to the law of nations and to the act of the Congress of the United States in such case provided. The jury having found a verdict of guilty, the defendant moved in arrest of judgment and assigned for cause </p> <p> "that the circuit court has not jurisdiction of the matter charged in the indictment, inasmuch as it is a case affecting an ambassador or other public minister." </p> <p> The opinions of the judges of that court upon this point being opposed, the cause comes before this Court upon a certificate of such disagreement. </p> <p> The questions to which the point certified by the court below gives rise are first, whether this is a case affecting an ambassador or other public minister within the meaning of the second section of the third article of the Constitution of the United States. If it be, then the next question would be whether the jurisdiction of the Supreme Court in such cases is not only original, but exclusive of the circuit courts under the true construction of the above section and article. </p> <p> The last question need not be decided in the present case, because the Court is clearly of </p> <p> <a class="page-number" id="469"> Page 24 U. S. 469 </a> </p> <p> opinion that this is not a case affecting a public minister within the plain meaning of the Constitution. It is that of a public prosecution instituted and conducted by and in the name of the United States for the purpose of vindicating the law of nations and that of the United States, offended, as the indictment charges, in the person of a public minister by an assault committed on him by a private individual. It is a case, then, which affects the United States and the individual whom they seek to punish, but one in which the minister himself, although he was the person injured by the assault, has no concern, either in the event of the prosecution or in the costs attending it. </p> <p> It is ordered to be certified to the Circuit Court for the Eastern District of Pennsylvania that that court has jurisdiction of the matter charged in the indictment, the case not being one which affects an ambassador or other public minister. </p> <p> <em> Certificate accordingly. </em> </p> <br /> <br /> </div>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Ortega', 'sub' => null, 'link' => '/cases/federal/us/24/467/', 'circuit' => null ) ), 'casename_url' => 'united-states-vs-ortega', 'args' => array( (int) 0 => '79079', (int) 1 => 'united-states-vs-ortega' ) ) $title_for_layout = 'United States Vs Ortega - Citation 79079 - Court Judgment | ' $desc = array( 'Judgement' => array( 'id' => '79079', 'acts' => null, 'appealno' => '24 U.S. 467', 'appellant' => 'United States', 'authreffered' => null, 'casename' => 'United States Vs. Ortega', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1826-01-01', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<div> United States v. Ortega - 24 U.S. 467 (1826) <br/> <span> U.S. Supreme Court United States v. Ortega, 24 U.S. 11 Wheat. 467 467 (1826) </span> <p> <b> United States v. Ortega </b> </p> <p> <b> 24 U.S. (11 Wheat.) 467 </b> </p> <p> <b> </b> </p> <p> <em> ON CERTIFICATE OF DISAGREEMENT AMONG THE JUDGES OF THE CIRCUIT COURT </em> </p> <p> <em> OF THE UNITED STATES FOR THE EASTERN DISTRICT OF PENNSYLVANIA </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> An indictment under the crimes act of 1790, ch. 35, s. 37, for infracting the law of nations by offering violence to the person of a foreign minister is not a case "affecting ambassadors, other public ministers and consuls" within the second section of the Third Article of the Constitution of the United States. </p> <p> The circuit courts have jurisdiction of such an offense under the eleventh section of the Judiciary Act of 1789, ch. 20. </p> <p> <em> Quaere </em> whether the jurisdiction of the Supreme Court is not only original, but exclusive of the circuit court, in "cases affecting ambassadors, other public ministers and consuls" within the true construction of the second section of the third article of the Constitution </p> <p> MR. JUSTICE WASHINGTON delivered the opinion of the Court. </p> <p> The defendant, Juan Gualberto de Ortega, was indicted in the Circuit Court of the United States for the Eastern District of Pennsylvania for infracting the law of nations by offering violence to the person of Hilario de Rivas y Salmon, the charge d'affaires of his Catholic Majesty the King of Spain in the United States contrary to the law of nations and to the act of the Congress of the United States in such case provided. The jury having found a verdict of guilty, the defendant moved in arrest of judgment and assigned for cause </p> <p> "that the circuit court has not jurisdiction of the matter charged in the indictment, inasmuch as it is a case affecting an ambassador or other public minister." </p> <p> The opinions of the judges of that court upon this point being opposed, the cause comes before this Court upon a certificate of such disagreement. </p> <p> The questions to which the point certified by the court below gives rise are first, whether this is a case affecting an ambassador or other public minister within the meaning of the second section of the third article of the Constitution of the United States. If it be, then the next question would be whether the jurisdiction of the Supreme Court in such cases is not only original, but exclusive of the circuit courts under the true construction of the above section and article. </p> <p> The last question need not be decided in the present case, because the Court is clearly of </p> <p> <a> Page 24 U. S. 469 </a> </p> <p> opinion that this is not a case affecting a public minister within the plain meaning of the Constitution. It is that of a public prosecution instituted and conducted by and in the name of the United States for the purpose of vindicating the law of nations and that of the United States, offended, as the indictment charges, in the person of a public minister by an assault committed on him by a private individual. It is a case, then, which affects the United States and the individual whom they seek to punish, but one in which the minister himself, although he was the person injured by the assault, has no concern, either in the event of the prosecution or in the costs attending it. </p> <p> It is ordered to be certified to the Circuit Court for the Eastern District of Pennsylvania that that court has jurisdiction of the matter charged in the indictment, the case not being one which affects an ambassador or other public minister. </p> <p> <em> Certificate accordingly. </em> </p> <br/> <br/> </div>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Ortega', 'sub' => null, 'link' => '/cases/federal/us/24/467/', 'circuit' => null ) ) $casename_url = 'united-states-vs-ortega' $args = array( (int) 0 => '79079', (int) 1 => 'united-states-vs-ortega' ) $url = 'https://sooperkanoon.com/case/amp/79079/united-states-vs-ortega' $ctype = '' $date = array( (int) 0 => 'Jan', (int) 1 => '01', (int) 2 => '1826' ) $content = array( (int) 0 => '<div> United States v. Ortega - 24 U.S. 467 (1826) <br/> <span> U.S. Supreme Court United States v. Ortega, 24 U.S. 11 Wheat. 467 467 (1826) </span> <p> <b> United States v. Ortega </b> ', (int) 1 => ' <p> <b> 24 U.S. (11 Wheat.) 467 </b> ', (int) 2 => ' <p> <b> </b> ', (int) 3 => ' <p> <em> ON CERTIFICATE OF DISAGREEMENT AMONG THE JUDGES OF THE CIRCUIT COURT </em> ', (int) 4 => ' <p> <em> OF THE UNITED STATES FOR THE EASTERN DISTRICT OF PENNSYLVANIA </em> ', (int) 5 => ' <p> <em> </em> <em> Syllabus </em> ', (int) 6 => ' <p> An indictment under the crimes act of 1790, ch. 35, s. 37, for infracting the law of nations by offering violence to the person of a foreign minister is not a case "affecting ambassadors, other public ministers and consuls" within the second section of the Third Article of the Constitution of the United States. ', (int) 7 => ' <p> The circuit courts have jurisdiction of such an offense under the eleventh section of the Judiciary Act of 1789, ch. 20. ', (int) 8 => ' <p> <em> Quaere </em> whether the jurisdiction of the Supreme Court is not only original, but exclusive of the circuit court, in "cases affecting ambassadors, other public ministers and consuls" within the true construction of the second section of the third article of the Constitution ', (int) 9 => ' <p> MR. JUSTICE WASHINGTON delivered the opinion of the Court. ', (int) 10 => ' <p> The defendant, Juan Gualberto de Ortega, was indicted in the Circuit Court of the United States for the Eastern District of Pennsylvania for infracting the law of nations by offering violence to the person of Hilario de Rivas y Salmon, the charge d'affaires of his Catholic Majesty the King of Spain in the United States contrary to the law of nations and to the act of the Congress of the United States in such case provided. The jury having found a verdict of guilty, the defendant moved in arrest of judgment and assigned for cause ', (int) 11 => ' <p> "that the circuit court has not jurisdiction of the matter charged in the indictment, inasmuch as it is a case affecting an ambassador or other public minister." ', (int) 12 => ' <p> The opinions of the judges of that court upon this point being opposed, the cause comes before this Court upon a certificate of such disagreement. ', (int) 13 => ' <p> The questions to which the point certified by the court below gives rise are first, whether this is a case affecting an ambassador or other public minister within the meaning of the second section of the third article of the Constitution of the United States. If it be, then the next question would be whether the jurisdiction of the Supreme Court in such cases is not only original, but exclusive of the circuit courts under the true construction of the above section and article. ', (int) 14 => ' <p> The last question need not be decided in the present case, because the Court is clearly of ', (int) 15 => ' <p> <a> Page 24 U. S. 469 </a> ', (int) 16 => ' <p> opinion that this is not a case affecting a public minister within the plain meaning of the Constitution. It is that of a public prosecution instituted and conducted by and in the name of the United States for the purpose of vindicating the law of nations and that of the United States, offended, as the indictment charges, in the person of a public minister by an assault committed on him by a private individual. It is a case, then, which affects the United States and the individual whom they seek to punish, but one in which the minister himself, although he was the person injured by the assault, has no concern, either in the event of the prosecution or in the costs attending it. ', (int) 17 => ' <p> It is ordered to be certified to the Circuit Court for the Eastern District of Pennsylvania that that court has jurisdiction of the matter charged in the indictment, the case not being one which affects an ambassador or other public minister. ', (int) 18 => ' <p> <em> Certificate accordingly. </em> ', (int) 19 => ' <br/> <br/> </div>' ) $paragraphAfter = (int) 1 $cnt = (int) 20 $i = (int) 18include - APP/View/Case/amp.ctp, line 144 View::_evaluate() - CORE/Cake/View/View.php, line 971 View::_render() - CORE/Cake/View/View.php, line 933 View::render() - CORE/Cake/View/View.php, line 473 Controller::render() - CORE/Cake/Controller/Controller.php, line 963 Dispatcher::_invoke() - CORE/Cake/Routing/Dispatcher.php, line 200 Dispatcher::dispatch() - CORE/Cake/Routing/Dispatcher.php, line 167 [main] - APP/webroot/index.php, line 109
Certificate accordingly.
Notice (8): Undefined variable: query [APP/View/Case/amp.ctp, line 144]Code Contextecho $this->Adsense->display('responsive_rect');
}
echo html_entity_decode($this->Wand->highlight($content[$i], $query));
$viewFile = '/home/legalcrystal/app/View/Case/amp.ctp' $dataForView = array( 'title_for_layout' => 'United States Vs Ortega - Citation 79079 - Court Judgment | ', 'desc' => array( 'Judgement' => array( 'id' => '79079', 'acts' => null, 'appealno' => '24 U.S. 467', 'appellant' => 'United States', 'authreffered' => null, 'casename' => 'United States Vs. Ortega', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1826-01-01', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<div> United States v. Ortega - 24 U.S. 467 (1826) <br /> <span> U.S. Supreme Court United States v. Ortega, 24 U.S. 11 Wheat. 467 467 (1826) </span> <p> <b> United States v. Ortega </b> </p> <p> <b> 24 U.S. (11 Wheat.) 467 </b> </p> <p> <b> </b> </p> <p> <em> ON CERTIFICATE OF DISAGREEMENT AMONG THE JUDGES OF THE CIRCUIT COURT </em> </p> <p> <em> OF THE UNITED STATES FOR THE EASTERN DISTRICT OF PENNSYLVANIA </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> An indictment under the crimes act of 1790, ch. 35, s. 37, for infracting the law of nations by offering violence to the person of a foreign minister is not a case "affecting ambassadors, other public ministers and consuls" within the second section of the Third Article of the Constitution of the United States. </p> <p> The circuit courts have jurisdiction of such an offense under the eleventh section of the Judiciary Act of 1789, ch. 20. </p> <p> <em> Quaere </em> whether the jurisdiction of the Supreme Court is not only original, but exclusive of the circuit court, in "cases affecting ambassadors, other public ministers and consuls" within the true construction of the second section of the third article of the Constitution </p> <p> MR. JUSTICE WASHINGTON delivered the opinion of the Court. </p> <p> The defendant, Juan Gualberto de Ortega, was indicted in the Circuit Court of the United States for the Eastern District of Pennsylvania for infracting the law of nations by offering violence to the person of Hilario de Rivas y Salmon, the charge d'affaires of his Catholic Majesty the King of Spain in the United States contrary to the law of nations and to the act of the Congress of the United States in such case provided. The jury having found a verdict of guilty, the defendant moved in arrest of judgment and assigned for cause </p> <p> "that the circuit court has not jurisdiction of the matter charged in the indictment, inasmuch as it is a case affecting an ambassador or other public minister." </p> <p> The opinions of the judges of that court upon this point being opposed, the cause comes before this Court upon a certificate of such disagreement. </p> <p> The questions to which the point certified by the court below gives rise are first, whether this is a case affecting an ambassador or other public minister within the meaning of the second section of the third article of the Constitution of the United States. If it be, then the next question would be whether the jurisdiction of the Supreme Court in such cases is not only original, but exclusive of the circuit courts under the true construction of the above section and article. </p> <p> The last question need not be decided in the present case, because the Court is clearly of </p> <p> <a class="page-number" id="469"> Page 24 U. S. 469 </a> </p> <p> opinion that this is not a case affecting a public minister within the plain meaning of the Constitution. It is that of a public prosecution instituted and conducted by and in the name of the United States for the purpose of vindicating the law of nations and that of the United States, offended, as the indictment charges, in the person of a public minister by an assault committed on him by a private individual. It is a case, then, which affects the United States and the individual whom they seek to punish, but one in which the minister himself, although he was the person injured by the assault, has no concern, either in the event of the prosecution or in the costs attending it. </p> <p> It is ordered to be certified to the Circuit Court for the Eastern District of Pennsylvania that that court has jurisdiction of the matter charged in the indictment, the case not being one which affects an ambassador or other public minister. </p> <p> <em> Certificate accordingly. </em> </p> <br /> <br /> </div>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Ortega', 'sub' => null, 'link' => '/cases/federal/us/24/467/', 'circuit' => null ) ), 'casename_url' => 'united-states-vs-ortega', 'args' => array( (int) 0 => '79079', (int) 1 => 'united-states-vs-ortega' ) ) $title_for_layout = 'United States Vs Ortega - Citation 79079 - Court Judgment | ' $desc = array( 'Judgement' => array( 'id' => '79079', 'acts' => null, 'appealno' => '24 U.S. 467', 'appellant' => 'United States', 'authreffered' => null, 'casename' => 'United States Vs. Ortega', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1826-01-01', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<div> United States v. Ortega - 24 U.S. 467 (1826) <br/> <span> U.S. Supreme Court United States v. Ortega, 24 U.S. 11 Wheat. 467 467 (1826) </span> <p> <b> United States v. Ortega </b> </p> <p> <b> 24 U.S. (11 Wheat.) 467 </b> </p> <p> <b> </b> </p> <p> <em> ON CERTIFICATE OF DISAGREEMENT AMONG THE JUDGES OF THE CIRCUIT COURT </em> </p> <p> <em> OF THE UNITED STATES FOR THE EASTERN DISTRICT OF PENNSYLVANIA </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> An indictment under the crimes act of 1790, ch. 35, s. 37, for infracting the law of nations by offering violence to the person of a foreign minister is not a case "affecting ambassadors, other public ministers and consuls" within the second section of the Third Article of the Constitution of the United States. </p> <p> The circuit courts have jurisdiction of such an offense under the eleventh section of the Judiciary Act of 1789, ch. 20. </p> <p> <em> Quaere </em> whether the jurisdiction of the Supreme Court is not only original, but exclusive of the circuit court, in "cases affecting ambassadors, other public ministers and consuls" within the true construction of the second section of the third article of the Constitution </p> <p> MR. JUSTICE WASHINGTON delivered the opinion of the Court. </p> <p> The defendant, Juan Gualberto de Ortega, was indicted in the Circuit Court of the United States for the Eastern District of Pennsylvania for infracting the law of nations by offering violence to the person of Hilario de Rivas y Salmon, the charge d'affaires of his Catholic Majesty the King of Spain in the United States contrary to the law of nations and to the act of the Congress of the United States in such case provided. The jury having found a verdict of guilty, the defendant moved in arrest of judgment and assigned for cause </p> <p> "that the circuit court has not jurisdiction of the matter charged in the indictment, inasmuch as it is a case affecting an ambassador or other public minister." </p> <p> The opinions of the judges of that court upon this point being opposed, the cause comes before this Court upon a certificate of such disagreement. </p> <p> The questions to which the point certified by the court below gives rise are first, whether this is a case affecting an ambassador or other public minister within the meaning of the second section of the third article of the Constitution of the United States. If it be, then the next question would be whether the jurisdiction of the Supreme Court in such cases is not only original, but exclusive of the circuit courts under the true construction of the above section and article. </p> <p> The last question need not be decided in the present case, because the Court is clearly of </p> <p> <a> Page 24 U. S. 469 </a> </p> <p> opinion that this is not a case affecting a public minister within the plain meaning of the Constitution. It is that of a public prosecution instituted and conducted by and in the name of the United States for the purpose of vindicating the law of nations and that of the United States, offended, as the indictment charges, in the person of a public minister by an assault committed on him by a private individual. It is a case, then, which affects the United States and the individual whom they seek to punish, but one in which the minister himself, although he was the person injured by the assault, has no concern, either in the event of the prosecution or in the costs attending it. </p> <p> It is ordered to be certified to the Circuit Court for the Eastern District of Pennsylvania that that court has jurisdiction of the matter charged in the indictment, the case not being one which affects an ambassador or other public minister. </p> <p> <em> Certificate accordingly. </em> </p> <br/> <br/> </div>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Ortega', 'sub' => null, 'link' => '/cases/federal/us/24/467/', 'circuit' => null ) ) $casename_url = 'united-states-vs-ortega' $args = array( (int) 0 => '79079', (int) 1 => 'united-states-vs-ortega' ) $url = 'https://sooperkanoon.com/case/amp/79079/united-states-vs-ortega' $ctype = '' $date = array( (int) 0 => 'Jan', (int) 1 => '01', (int) 2 => '1826' ) $content = array( (int) 0 => '<div> United States v. Ortega - 24 U.S. 467 (1826) <br/> <span> U.S. Supreme Court United States v. Ortega, 24 U.S. 11 Wheat. 467 467 (1826) </span> <p> <b> United States v. Ortega </b> ', (int) 1 => ' <p> <b> 24 U.S. (11 Wheat.) 467 </b> ', (int) 2 => ' <p> <b> </b> ', (int) 3 => ' <p> <em> ON CERTIFICATE OF DISAGREEMENT AMONG THE JUDGES OF THE CIRCUIT COURT </em> ', (int) 4 => ' <p> <em> OF THE UNITED STATES FOR THE EASTERN DISTRICT OF PENNSYLVANIA </em> ', (int) 5 => ' <p> <em> </em> <em> Syllabus </em> ', (int) 6 => ' <p> An indictment under the crimes act of 1790, ch. 35, s. 37, for infracting the law of nations by offering violence to the person of a foreign minister is not a case "affecting ambassadors, other public ministers and consuls" within the second section of the Third Article of the Constitution of the United States. ', (int) 7 => ' <p> The circuit courts have jurisdiction of such an offense under the eleventh section of the Judiciary Act of 1789, ch. 20. ', (int) 8 => ' <p> <em> Quaere </em> whether the jurisdiction of the Supreme Court is not only original, but exclusive of the circuit court, in "cases affecting ambassadors, other public ministers and consuls" within the true construction of the second section of the third article of the Constitution ', (int) 9 => ' <p> MR. JUSTICE WASHINGTON delivered the opinion of the Court. ', (int) 10 => ' <p> The defendant, Juan Gualberto de Ortega, was indicted in the Circuit Court of the United States for the Eastern District of Pennsylvania for infracting the law of nations by offering violence to the person of Hilario de Rivas y Salmon, the charge d'affaires of his Catholic Majesty the King of Spain in the United States contrary to the law of nations and to the act of the Congress of the United States in such case provided. The jury having found a verdict of guilty, the defendant moved in arrest of judgment and assigned for cause ', (int) 11 => ' <p> "that the circuit court has not jurisdiction of the matter charged in the indictment, inasmuch as it is a case affecting an ambassador or other public minister." ', (int) 12 => ' <p> The opinions of the judges of that court upon this point being opposed, the cause comes before this Court upon a certificate of such disagreement. ', (int) 13 => ' <p> The questions to which the point certified by the court below gives rise are first, whether this is a case affecting an ambassador or other public minister within the meaning of the second section of the third article of the Constitution of the United States. If it be, then the next question would be whether the jurisdiction of the Supreme Court in such cases is not only original, but exclusive of the circuit courts under the true construction of the above section and article. ', (int) 14 => ' <p> The last question need not be decided in the present case, because the Court is clearly of ', (int) 15 => ' <p> <a> Page 24 U. S. 469 </a> ', (int) 16 => ' <p> opinion that this is not a case affecting a public minister within the plain meaning of the Constitution. It is that of a public prosecution instituted and conducted by and in the name of the United States for the purpose of vindicating the law of nations and that of the United States, offended, as the indictment charges, in the person of a public minister by an assault committed on him by a private individual. It is a case, then, which affects the United States and the individual whom they seek to punish, but one in which the minister himself, although he was the person injured by the assault, has no concern, either in the event of the prosecution or in the costs attending it. ', (int) 17 => ' <p> It is ordered to be certified to the Circuit Court for the Eastern District of Pennsylvania that that court has jurisdiction of the matter charged in the indictment, the case not being one which affects an ambassador or other public minister. ', (int) 18 => ' <p> <em> Certificate accordingly. </em> ', (int) 19 => ' <br/> <br/> </div>' ) $paragraphAfter = (int) 1 $cnt = (int) 20 $i = (int) 19include - APP/View/Case/amp.ctp, line 144 View::_evaluate() - CORE/Cake/View/View.php, line 971 View::_render() - CORE/Cake/View/View.php, line 933 View::render() - CORE/Cake/View/View.php, line 473 Controller::render() - CORE/Cake/Controller/Controller.php, line 963 Dispatcher::_invoke() - CORE/Cake/Routing/Dispatcher.php, line 200 Dispatcher::dispatch() - CORE/Cake/Routing/Dispatcher.php, line 167 [main] - APP/webroot/index.php, line 109