Court : US Supreme Court
..... , which was registered in the admiralty office of the borough of st. pierre. "francis claude amour, marquis de bouille, marshal de camp, of the king's armies, commander general of the french troops, militia, fortifications, and artillery of the french windward islands and governor and lieutenant general of the islands of martinique and dominigue. ..... commenced, mr. bingham by a letter dated at martinique, 6 october, 1779, and addressed to the commercial committee of congress, remonstrated against the proceeding, as he had acted bona fide, in his official character, and congress passed the following resolutions upon the subject: "november 30, 1779. resolved, that mr. bingham's letter of 6 ..... a judge of the supreme court holding the same in the absence of the district judge. a certificate of the governor of the island of martinique, acting within his legitimate authority in reference to a matter in the island, is proper evidence. the letters of the agent of congress resident abroad during the .....
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..... pleaded in bar, and then pass to the consideration of the fourth page 3 u. s. 247 article of the treaty. the first and third sections are the only parts of the act necessary to be considered. "1st. whereas divers persons, subjects of great britain, had, during our connection with that kingdom, acquired estates, real and personal ..... on the high seas and confiscated, and that other considerable property found within that commonwealth was seized and applied to the use of the british army or navy. vattel lib. 3, c.12, sec. 191, says, and reason confirms his opinion, "that whatever is lawful for one nation to do, in time of war is lawful for ..... his said britannic majesty should with all convenient speed and without causing any destruction or carrying away any negroes or other property of the american inhabitants, withdraw all his armies, garrisons, and fleets from the said united states and from every port, place, and harbor within the same," "which may more fully appear, reference being had to .....
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..... indefinite confidence in the future conduct of their own legislature. and the word "hereafter" that has been commented upon (in the 3d section of the act of 3 may, 1779), and the express saving in the act of october, 1779, of all titles under warrants formerly issued, independent of the saving of titles under warrants from the former government, ..... grant under the proclamation was for services actually past, services of a highly meritorious nature, the risk of life, and sacrifice of private ease, by entering into the army at a critical period for the defense of their country, and to such persons certainly no additional merit could attach by a page 3 u. s. 461 residence in ..... : " " and whereas we are desirous upon all occasions to testify our royal sense and approbation of the conduct and bravery of the officers and soldiers of our armies and to reward the same, we do hereby command and empower our governors of our said three new colonies and other our governors of our several provinces on the .....
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..... hath been prevented from making a settlement on a tract of land, containing _____ situate, &c.; _____ conformable to the proviso, contained in the 9th section of the act, entitled 'an act for the sale of vacant lands within this commonwealth,' passed the third day of april, 1792, by force of arms of the enemies of the united states ..... force of arms in the neighbourhood; are equally within the spirit and protection of the law. the actual state of hostility is proved in every possible way. the army of the united states was opposed to the indians, as to a public enemy, and, with various success, from the year 1783, to the year 1795. ..... state governments; judicially, from the opinions of the courts of justice; and experimentally from the evidence of disinterested individuals. thus, after the european peace of 1783, an army was always maintained on the western frontier. during several years, general harmer was employed in making hostile incursions into the indian country; and, in the year 1790, .....
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..... a declaration by congress might have constituted a perfect state of war, which was not intended by the government. 3d. it has likewise been said that the 7th section of the act of march 1799, embraces cases which, according to preexisting laws, could not then take place, because no authority had been given to recapture friendly vessels from the ..... by consent of the parties in order to expedite a final decision on the present writ of error. the controversy involved a consideration of the following sections in two acts of congress: by an act of 28 june, 1798, 4 vol. 154, s. 2, it is declared "that whenever any vessel the property of or employed by any ..... this be the true definition of war, let us see what was the situation of the united states in relation to france. in march, 1799, congress had raised an army, stopped all intercourse with france, dissolved our treaty, built and equipped ships of war, and commissioned private armed ships, enjoining the former, and authorizing the latter, to .....
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..... , 4 u.s. 253 (1802) 4 u.s. 253 (dall.) the commonwealth v. gibbs. supreme court of pennsylvania. december term, 1802 this was an indictment, on the 17th section of the election law (4 state laws, p. 342. dall. edit.) which provides (among other things) that 'if any officer of the election shall be threatened, or violence used to ..... . beckley insisted, that he should answer the following questions: 1st. did you, at any time during the page 4 u.s. 253, 254 american war, join the british army? 2d. or take an oath of allegiance to the king of great britain? 3d. or were you attainted of treason against the united states, or the state of pennsylvania? mr ..... the repeal of the test laws, every citizen, who had not been attainted, had a right to vote. but the questions are not pointed to the qualification designated in the act; the answers to those questions might tend to criminate the voter himself; for, if attainted, he would still be liable, ( notwithstanding the treaty of peace) to the corruption .....
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..... having accompanied it with actual residence, or an intention to reside; that of course, he never had an inceptive title to be protected by the proviso in the 9th section of the act of the 3d of april 1792. they cited addison, 248. 335. the case of the holland company v. coxe, in the supreme court of this state (ante, p ..... ; but they were, in fact, uninhabitable by a human being, and, consequently, could not have been intended for a present settlement. he was, besides, an officer in the army, and, whilst in that service, he could not settle and reside at his cabin, although the the country had been in a state of perfect tranquillity. in short, his whole ..... ohio and alleghany rivers, and conewango creek, in pennsylvania. the plaintiff's title rested upon settlement rights, surveys, and warrants. in 1793, the plaintiff was a surgeon in the army in garrison at fort franklin. he took some of the soldiers, went out, cut down a few trees, and built up five pens, or cabins, about 10 feet square, .....
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..... into port for adjudication american vessels which were forfeited by being engaged in this illicit commerce. but when it is observed that the general clause of the first section of the "act, which declares that such vessels may be seized, and may be prosecuted in any district or circuit court, which shall be holden within or for the district ..... to the united states and the other to any person or persons, citizens of the united states, who will inform and prosecute for the same. the fifth section of this act authorizes the president of the united states to instruct the commanders of armed vessels "to stop and examine any ship or vessel of the united states on the ..... that the president of the united states, whose high duty it is to "take care that the laws be faithfully executed," and who is commander in chief of the armies and navies of the united states, might not, without any special authority for that purpose, in the then existing state of things, have empowered the officers commanding the .....
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..... a provincial congress. this congress did, in fact, pass an ordinance of treason soon after the war commenced, containing the same provisions with the treason act of 4th oct. 1776. this section then referred to this notorious fact, and was designed to give the sanction of the legislature to the provisions of that ordinance.-and both this ordinance ..... high treason. page 6 u.s. 280, 297 this, however, does not reach the case of daniel coxe, who did not join the british army until the year 1777. by the third section every person, not an inhabitant of this state, but of some other of the united states, seized of real estate, who since the 19th of ..... and offenders" as are in the other acts described, are forfeited. the first section relates to such fugitives and offenders, i.e. to inhabitants owing allegiance, & c. the second section that every inhabitant of the state, who between the 19th of april, 1775, and the 4th of october, 1776, joined the enemy's army, or took refuge, or continued with them .....
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..... and for the district where the seizure shall be made." the condition of the bond, stated in the plea, corresponded exactly with that required by the 2d section of the act. the 70th section of the act of 2 march, 1799, vol. 4, p. 390, makes it the duty of the several officers of the customs, to seize any vessel liable to seizure, ..... united states, vol. 1, p. 63. the only question which could be made in this court was upon the construction of the act of congress, of june 13, 1798, vol. 4, p. 129, commonly called the nonintercourse act, the 1st section of which is in these words: "that no ship or vessel, owned, hired, or employed page 7 u. s. 501 wholly ..... sale and transfer to a foreigner. thomas knox, administrator, with the will annexed, of raapzat heyleger, a subject of the king of denmark, brought an action of trespass vi et armis in the supreme court of judicature of the state of new york against joshua sands, collector of the customs for the port of new york, for seizing and detaining a .....
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