Court : US Supreme Court
..... passed on libels in the courts of admiralty in the respective states. that joshua stackpole, a citizen of new hampshire, commander of the armed brigantine called the mcclary, acting under the commission and authority of congress, did, in the month of october, 1777, on the high seas, capture the brigantine susanna as ..... according to the common and partly according to the civil law. we must endeavor to extract a state of the case from the record, documents, and acts which have been exhibited." it appears, that 25 november, 1775, congress passed a series of resolutions respecting captures. these resolutions are as follow: "whereas ..... force, in the execution of which commendable designs it is possible that those who have not been instrumental in the unwarrantable violences above mentioned may suffer unless some laws be made to regulate and tribunals erected competent to determine the propriety of captures. therefore resolved" "1. that all such ships of war, frigates, sloops, cutters, and armed .....
Tag this Judgment!Court : US Supreme Court
..... submitted to the circuit court in october last, and there affirmed. an appeal to the supreme court is still undertemined, but until this opinion is overruled by that tribunal, i hold my self bound to consider it as a law*. i gave a like decision lately, in the case of the schooner nancy, from a full ..... a prosecution was instituted against capt. chabert, or any of the persons concerned in increasing, augmenting, or procuring to be increased or augemented, in the force of the vessel, under the act of june last, but that a conviction must follow. there a penalty of fine and improsonment is cedlared, as a punishment so. a breach of the ..... himself a native frenchman, and citizen of the french republic, in behalf of himself, antonie francois planche, a native frenchman, now resident at philadelphia, owner of the private armed vessel the citizen of marsielles; and in behalf of the officers, mariners, and crew, or persons interested in the said vessel of war, being all french citizens. after .....
Tag this Judgment!Court : US Supreme Court
..... sanguinary incursions of the indians; many lives were lost; and, in the very description of the proviso to the 9th section of the act, every actual settler, or grantee, was 'by force of arms of the enemies of the united states, either prevented from making an actual settlement, or driven from it.' the state of pennsylvania, co ..... courts of justice. but soon after this report was made, a bill was introduced, entitled 'an act,' &c.; which recites the existing controversies, gives a legislative opinion against the claim of the warrantees, and institutes an extraordinary tribunal, to hear and decide between the parties. the appearance of this bill produced two remonstrances from the ..... is to be remembered, likewise, that the board of property is established expressly as a tribunal, to advise and regulate the proceedings of the land office; and a mandamus ought not to issue to any of the ministerial officers, requiring an act to be done, which the board has prohibited. 2 state laws, 21. 3 state .....
Tag this Judgment!Court : US Supreme Court
..... which has been pursued. america did remonstrate, most earnestly remonstrate to france against the injuries committed on her; but remonstrance having failed, she appealed to a higher tribunal, and authorized limited hostilities. this was not violating the law of nations, but conforming to it. in the course of these limited hostilities, the amelia has been ..... neutral merchant vessel which shall be recaptured from a belligerent shall be discharged without salvage, as it is presumed that she would have been discharged by the tribunals of the captors. but if the laws and practices of a particular belligerent subject all neutral vessels captured by her cruisers to condemnation, the general usage and ..... the laws of war, so far, as they are applicable, will be in force. a neutral vessel captured by a french vessel of war and armed and manned by the captors was liable to capture by the armed vessels of the united states, under the act of congress of 28 may, 1798, but such a vessel, after capture, .....
Tag this Judgment!Court : US Supreme Court
..... a military officer to bring up the body of james alexander, an attorney at law at new orleans, who, as it was said, had been seized by an armed force under the orders of general wilkinson and transported to the city of washington. the order of the court below for their commitment was in these words: "the prisoners, ..... have been committed, had been provided by congress, and at the place where the prisoners were seized by the authority of the commander in chief there existed such a tribunal. it would, too, be extremely dangerous to say that because the prisoners were apprehended not by a civil magistrate, but by the military power, there could be ..... evince the fact. after stating himself to have passed through new york and the western states and territories without insinuating that he had performed on his route any act whatever which was connected with the enterprise, he states their object to be, "to carry an expedition into the mexican provinces." this statement may be considered as .....
Tag this Judgment!Court : US Supreme Court
..... of the court passing the sentence. for example, in every case of a foreign sentence condemning a vessel as prize of war, the authority of the tribunal to act as a prize court must be examinable. is the question whether the vessel condemned was in a situation to subject her to the jurisdiction of that court ..... broken the bond which connected her with the parent state, had declared herself independent, and was endeavoring to support that independence by arms. france still asserted her claim of sovereignty, and had employed a military force in support of that claim. a war de facto then unquestionably existed between france and st. domingo. it has been argued ..... that the colony, having declared itself a sovereign state and having thus far maintained its sovereignty by arms, must be considered and treated by other nations .....
Tag this Judgment!Court : US Supreme Court
..... the jurisdiction of the courts of the union is placed by the constitution in the several state legislatures, then this act concludes the subject; but if that power necessarily resides in the supreme judicial tribunal of the nation, then the jurisdiction of the district court of pennsylvania over the case in which that jurisdiction was ..... in the cause does establish the facts in the cause without reexamination or appeal. and therefore the verdict of the jury still standing, and being in full force, this court cannot issue any process, or proceed in any manner whatsoever contradictory to the finding of the said jury. and therefore doth now decree, order and ..... jersey. on the 8th of september, when in sight of that harbour, they were pursued and forcibly taken possession of by captain thomas houston, commander of the armed brig convention, belonging to the state of pennsylvania, and, on the 15th of september, brought into the port of philadelphia, when houston libelled the vessel as prize .....
Tag this Judgment!Court : US Supreme Court
..... dollars for this, to-wit, that the said thomas robertson, then acting under authority from the said peter deveaux, on 20 april, 1807, at savannah, in the district aforesaid and within the jurisdiction of this honorable court, with force and arms entered into the house and premises of your petitioners at savannah aforesaid ..... the constitution itself either entertains apprehensions on this subject or views with such indulgence the possible fears and apprehensions of suitors that it has established national tribunals for the decision of controversies between aliens and a citizen or between citizens of different states. aliens or citizens of different states are not less ..... citizens of a different state from the opposite party, come within the spirit and terms of the jurisdiction conferred by the constitution of the national tribunals. such has been the universal understanding on the subject. repeatedly has this court decided causes between a corporation and an individual without feeling a doubt .....
Tag this Judgment!Court : US Supreme Court
..... which they enter can never be construed to grant such exemption. but in all respects different is the situation of a public armed ship. she constitutes a part of the military force of her nation; acts under the immediate and direct command of the sovereign; is employed by him in national objects. he has many and powerful motives ..... jurisdiction. without doubt, the sovereign of the place is capable of destroying this implication. he may claim and exercise jurisdiction either by employing force or by subjecting such vessels to the ordinary tribunals. but until such power be exerted in a manner not to be misunderstood, the sovereign cannot be considered as having imparted to the ..... which it would be a breach of faith to exercise. those general statutory provisions, therefore, which are descriptive of the ordinary jurisdiction of the judicial tribunals, which give an individual whose property has been wrested from him a right to claim that property in the courts of the country in which it is .....
Tag this Judgment!Court : US Supreme Court
..... our ports under the circumstances of the present case. and the executive may lawfully authorize proceedings to enforce the confiscation of the same property before the proper tribunals of the united states. the district attorney is for this purpose the proper agent of the executive and of the united states. from the character and duties ..... of the courts to adjudicate respecting captures would be coextensive with such captures, wherever made, unless the jurisdiction conferred is manifestly confined by the former act to captures made by private armed vessels. it is not, however, necessary closely to sift this point, as it may now be considered as settled law that the courts of ..... to issue letters of marque and reprisal to private armed ships against the vessels, goods, and effects of the british government and its subjects, and to use the whole land and naval force of the united states to carry the war into effect. in neither of these acts is there any limitation as to the places where .....
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