Court : US Supreme Court
..... of the commonwealth. fost. 11. for, joining the army of an enemy, has always been held prima facie evidence of an overt act. and-- page 1 u.s. 33, 35 by the court it was accordinglly ruled, that evidence might be given of an overt ..... which it is committed. cro. c. 247. 4 bl. c. 301. 3 inst. 48. 49. 80. and that the circumstance of merely joining the enemy's army, being neither treason, nor misprision of treason, unless done with a traiterous intention, no overt act had been proved in chester, which was a prerequisite to any evidence being heard of an overt ..... proved in the county where the trial is held, corroborative evidence may be given of overt acts committed in any other county. fost. 9. 2 hawk. 436. and that having established the prisoner's presence with the british army, nothing, but the proof of actual force, and its continuance, could excuse him from the charge of adhering to the enemies .....
Tag this Judgment!Court : US Supreme Court
..... with respect to this third species of treason, the legislature has further explained the meaning of the words, aiding and assisting, to be, 'by joining the armies of the enemy, or by enlisting, or procuring, or persuading others to enlist for that purpose; or by furnishing such enemies with arms or ammunition, provision ..... finally over-ruled by the court, who gave judgment for the commonwealth; and the defendant, a short time afterwards, was accordingly executed. footnotes [ footnote * ] an act of assembly passed the 3rd december, 1782, has encreased the number of treasons, by declaring, that 'erecting, or endeavouring to erect a new and independant government within this ..... arms, maliciously and traiterously give and send intelligence to the same enemies for that purpose, against the duty of his allegiance, against the form of the act of assembly in such case made and provided, and against the peace and dignity of the commonwealth of pennsylvania.' the attorney general offering a witness to .....
Tag this Judgment!Court : US Supreme Court
..... a witness was called to prove, that the defendant had attempted to prevail upon him to enlist with the british army; but that he did not succeed. this gave rise to a question on these words of the act of assembly: 'that if any person or persons knowingly and willingly shall aid or assist any enemies at open war ..... now offered will be proper, in confirmation of their testimony. one of the overt acts, then, laid in the indictment, is aiding and assisting the enemy by joining their armies, and this has been legally and satisfactorily proved. notwithstanding, therefore, the other overt act of giving intelligence to the enemy, is not supported by any evidence, but the defendant ..... respublica v. roberts 1 u.s. 39 (1778) by the court: there is proof of an overt act, that the prisoner did enlist, and evidence is now offered to show, that he also endeavoured to persuade others to enlist, in the armies of the enemy. but we are of opinion, that the word persuading, used by the legislature, means .....
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..... continental congress, to make purchases of military stores, and of divers other articles, necessary and fitting in the preparation of military stores, for the use of the armies aforesaid, and to make payments, and take receipts, bills of parcels, and other vouchers therefor. and the jurors aforesaid, upon their oaths and affirmations aforesaid, ..... necessary that some person should be actually prejudiced. this rule, however, does not extend to cheats of the present description; in which it is sufficient, that the act be of a prejudicial nature. upon the whole, we are of opinion, that your conviction has been legal, as well as just; and, therefore, it ..... parcels, and other vouchers, for military stores, and for divers articles, necessary and fitting in the preparation of military stores, purchased for the use of the armies aforesaid, and to keep the accounts thereof: and the jurors aforesaid, upon their oaths and affirmations aforesaid, do further present, that the same cornelius sweers, on .....
Tag this Judgment!Court : US Supreme Court
..... particular we would refer council to 4 burr.2527 and to 2577, where almost all the authorities are collected together and fully considered. sixth. in the act for the advancement of justice, &c.; sec. 17. the legislature have declared, 'that the party indicted of a capital offence, not yielding his body to the sheriff at the return of the ..... shall be awarded against him, but no sentence pronounced, because the outlawry is a judgment, and no man shall have two judgments for one offence.' 2 hawk.chap.48. sec. 23.so.447, and the cases there cited. but in the present case, the judgment was pronounced before by this same supreme court, that aaron doan is outlawed ..... has represented to us by petition, that, at the time, when the outlawry was sued forth against him, he was in new york, then in the possession of the british army. what regard ought to be had to that circumstance, you, gentlemen, can determine. i am with respect, gentlemen, your most obedient and very humble servant, john dickinson. [ .....
Tag this Judgment!Court : US Supreme Court
..... , floors &c.; of the sugar house were in decay, destroyed &c.; the defendant pleaded performance of covenants, payment, and that an alien enemy, to wit, the british army, commanded by general, sir william howe, on the 1st of september 1777, had invaded the city of philadelphia, had take possession of the premisses, and held the same until ..... or that it was improbable to be so intended, without necessary words to make it such; for it is unreasonable to suppose a man should covenant against the tortious acts of strangers, impossible for him to prevent, or probably to attempt preventing.' this was an action brought by the lessee against the lessor, on his covenant for quiet ..... observe the strict rules of law. a court of chancery judges of every case according to the peculiar circumstances attending it, and is bound not to suffer an act of injustice to prevail; and in doing this, it conforms to the spirit and intent of the general rule of every positive law, which always admits of particular .....
Tag this Judgment!Court : US Supreme Court
..... to support it, against the rules of law. col. hugg was the plaintiff's agent in this matter, without any reward. he was an officer in the american army, and probably thought the support of the war depended on the support of the credit of the continental money; it was the only money then in circulation; and though ..... in court, were the identical bills, he received from white, in satisfaction of the mortgage. but sergeant objected, that hugg was not an agent within the meaning of the act of assembly, but merely a person who had officiously received the monies of another. the court rejected the witness. and shippen, president, observed, that hugg appeared to have ..... herself, who resided in pennsylvania. there must be some satisfactory proof of his being actually an agent, before the court can allow a party to be sworn, under the act of assembly, to identify the money in dispute. by the verdict of the second jury, it appears, that they reduced the money according to the scale of depreciation, .....
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..... pennsylvania, and applied to the executive council, representing that he was a minor at the time of the attainder, and was forcibly prevented by his guardian from joining the american army; for which reasons he prayed a restoration of his estate. the council said, they were ready to grant him a pardon, but that they had it not in their power ..... court respublica v. gordon, 1 u.s. 233 (1788) 1 u.s. 233 (dall.) respublica v. gordon supreme court of pennsylvania january term, 1788 the defendant was included in an act of proclamation issued during the late war, and not appearing within the time prescribed, was attainted of treason for adhering to the king of great britain, in consequence of which ..... , and, as it had not been appropriated or disposed of by the commonwealth, there would then be no obstacle to his taking immediate possession. the legislature soon afterwards passed an act in favor of mr. gordon's pretensions.[ respublica v. gordon footnote 1 u.s. 233 (1788) ] .....
Tag this Judgment!Court : US Supreme Court
..... bac. abr. 175. and the reason assigned is particularly applicable to the present case, because it is for the public safety. 20 vin. abr. (trespass) b. a. sec. 4. fo. 476. thus, also, every man may, of common right, justify the going of his servants, or horses, upon the banks of navigable rivers, for towing ..... into the hands of the enemy, may aid them in their operations of war against the united states, or the loss of which might distress the continental army, be immediately removed to such places, as shall be deemed most convenient and secure.' this recommendation was transmitted by the executive council to the pennsylvania board of ..... barnhill would have been liable as trespassers, had not the legislature interfered to protect persons in their situation from vexatious prosecutions: 3 state laws. 178. and this act, although it relates immediately to individuals, shows, generally, that the temporary bodies, by whose orders such individuals were governed, are, likewise, to be exempted from .....
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..... a bankrupt, shall not be relieved upon any such judgment, &c; for any more than a rateable part of their debts, with the other creditors.' this section of the act, is similar to one in the statute of james, and must therefore receive the same construction; and the rational and legal construction appears to be, that no ..... the estate, except the present one, at the suit of the plaintiff, and that, therefore, he alone is entitled to the money. the question arises upon the 30th section of the bankrupt law, which enacts, 'that every creditor having security for his debt by judgment, speciality, or other security, whereof there is no execution served and executed ..... lien against the assignees of the bankrupt, or the general creditors under the commission; but contended, that, unless it was for the general benefit, no construction of the act of assembly should be made to divest the lien which the priority of musgrove's judgment had obtained: a lien, they insisted, clearly binding as to a purchasor, .....
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