Court : US Supreme Court
..... favorable. it must be recollected we are now construing a penal statute. and the criminality of the person charged depends altogether on the 5th section of the act of 1795. the 1st section of the act of 1814 makes no difference in this particular, inasmuch as it does no more than create a tribunal for the trial of crimes, and ..... have already been made, the answer to another proposition stated by the defendant is necessarily included. the offense to which the penalties are annexed in the 4th section of the act of 1795 is not an offense against state authority, but against the united states, created by a law of congress in virtue of a constitutional authority and ..... held, and conducted in the manner prescribed by the rules and articles of war, for appointing, holding, and conducting courts martial for the trial of delinquents in the army of the united states. where the punishment prescribed is by stoppage of pay or imposing a fine limited by the amount of pay, the same is to have relation .....
Tag this Judgment!Court : US Supreme Court
..... whether, thus circumstanced, the claim in behalf of the owners and mariners of the puyerredon can be sustained. we are decidedly of opinion it cannot. by the 2d section of the 14th article of the treaty with spain, "citizens, subjects or inhabitants" of the united states are strictly prohibited from taking "any commission or letter of ..... shall be at war" in the fourteenth article of the treaty include the south american provinces which have revolted against spain. but however this may be, the neutrality act of june 1797, ch. 1, extends the same prohibition, with all its consequences, to a colony revolting and making war against its parent country: in the ..... institute a proceeding in rem, where the rights of property of his fellow citizens are in question without a special procuration from those for whose benefit he acts. but a consul cannot receive actual restitution of the res in controversy without a special authority from the particular individuals who are entitled. a capture made by .....
Tag this Judgment!Court : US Supreme Court
..... received from other railroad companies at connecting points, on government bills of lading, and transported over its lines the effects and property of officers of the united states army changing stations under orders. it further appears that, from june 10, 1910 to march 18, 1915, the presentation of claims, character of vouchers accompanying the same ..... claims syllabus 1. a railroad company, acquiescing in the practice and rulings of government officials, charged and collected the reduced "land grant" rates for transportation of army officers' effects, upon which it was entitled to collect higher commercial rates. held that it had waived it right to collect more, and could not recover more ..... v. united states, ante, 255 u. s. 339 . page 255 u. s. 350 2. the transportation of army officers' effects for the government at government expense may be done at special reduced rates under 22 of the interstate commerce act. p. 255 u. s. 356 . 54 ct.clms. 215 affirmed. the case is stated in the opinion. .....
Tag this Judgment!Court : US Supreme Court
..... transportation of passengers as an important part of their business. yet it has never been suspected that the general laws of navigation did not apply to them. the duty act, sections 23 and 46, contains provisions respecting passengers, and shows that vessels which transport them have the same rights, and must perform the same duties, with other vessels. they ..... these words otherwise than as entitling the ships or vessels described to carry on the coasting trade would be, we think, to disregard the apparent intent of the act. the fourth section directs the proper officer to grant to a vessel qualified to receive it, "a license for carrying on the coasting trade," and prescribes its form. after reciting ..... , i have only to remark that, in both those characters, she is expressly recognised as an object of the provisions which relate to licenses. the 12th section of the act of 1793 has these words: "that when the master of any ship or vessel, ferry boats excepted, shall be changed," &c.; and the .....
Tag this Judgment!Court : US Supreme Court
..... count is fully supported by the evidence in the cause, and warrants the sentence of condemnation pronounced by the inferior court. this count is strictly within the 4th section of the act of 1818, and so is the second count in the informations against the merino and louisa and their cargoes. the argument relied upon by the counsel for ..... barancas, inside the bar, and within the harbor of pensacola. the constitution was taken possession of by col. brooke, of the united states army, under the guns of fort barancas, then in possession of the united states forces. the louisa was captured by capt. mckeever in the ketch before mentioned outside of the ..... on their respective voyages to new orleans and mobile. on their arrival within or near to the bay of pensacola, that place was found in possession of the american army under the command of gen. jackson. the merino was seized by the united states ketch surprise, commanded by capt. mckeever, within a mile and a half of fort .....
Tag this Judgment!Court : US Supreme Court
..... founded on the principle, supposed to be universally recognized, that the judicial department of every government, where such department exists, is the appropriate organ for construing the legislative acts of that government. thus, no court in the universe which professed to be governed by principle would, we presume, undertake to say that the courts of great ..... united states is received by all as the true construction, and on the same principle the construction given by the courts of the several states to the legislative acts of those states is received as true unless they come in conflict with the constitution, laws, or treaties of the united states. if, then, this question ..... the contrary, i think the rule has been so laid down that every right of action in equity that accrues to the party, whatever it may be, must be acted upon, at the utmost, within twenty years." this question was fully discussed, and solemnly, and, we think, finally decided in the case of marquis cholmondeley v. lord .....
Tag this Judgment!Court : US Supreme Court
..... insist that they are inapplicable to the case of a surety in a paymaster's bond because, by the 4th section of the act "for organizing the general staff, and making further provision for the army of the united states," if the paymaster fail to render his vouchers to the paymaster general for settlement of his ..... , its authority confirmed, and applied to the present case. an omission of the proper officer to recall a delinquent paymaster under the injunctions of the fourth section of the act of 24 april, 1816, ch. 69, does not discharge his surety. the provisions requiring the delinquent paymaster to be recalled, and a new appointment to ..... accounts for more than six months after his having received founds, the injunction of the act is imperative "that he shall be recalled, and another appointed in his place." it is contended by the defendant's counsel that this section .....
Tag this Judgment!Court : US Supreme Court
..... therefore, admitted that any express authority is given by either statute that such a court martial as is contemplated for the trial of delinquents under the 5th section of the act of 1795 is to be composed of the same number of officers, organized in the same manner as these rules and articles contemplate for persons in ..... , and conducted in the manner prescribed by the rules and articles of war for appointing, holding, and conducting courts martial for the trial of delinquents in the army of the united states." this language is obviously confined to the militia in the actual service of the united states, and does not extend to such as are ..... they shall not consist of less than thirteen where that number can be convened without manifest injury to the service," and that "any general officer commanding an army or colonel commanding a separate department may appoint general courts martial when necessary." supposing these clauses applicable to the court martial in question, it is very clear .....
Tag this Judgment!Court : US Supreme Court
..... a right to intervene in the name of the united states. they could not maintain a right to succeed to the united states under the provisions of the 65th section of the act of 1799, 3 vol. 197, because that right is extended only to sureties upon the bond. if they had acquired any right as against the thellusons, ..... court, the observations which have fallen from the bar show, that the opinions of the court have sometimes not been understood according to their true import. the 65th section of the act declares that "in all cases of insolvency or where any estate in the hands of executors, administrators, and assignees shall be insufficient to pay all the debts ..... for the plaintiff, otherwise not. it was further stated by the judge that he had declined giving a construction of the 62d section of the act imposing duties, or an opinion on the question whether under that section, the consignee of imported goods is liable for the duties on them, considering it to be unnecessary from the view which he .....
Tag this Judgment!Court : US Supreme Court
..... brigadier general, from 22 november, 1814. the pay and emoluments of the officers of the army are fixed by the act of 16 march, 1802, and the act of 12 april, 1808. by the fifth section of the first mentioned act it is provided that the commanding officers of each separate post shall be entitled to such ..... 16 march, 1816, directing double rations to be allowed to officers commanding military departments, is construed to relate to the geographical sections of country, into which the two divisions of the army are divided, and which were denominated departments and intended to designate the extent of actual command given to the officer commanding each ..... 18 march, 1818, directing double rations to be allowed to officers commanding military departments, is construed to relate to the geographical sections of country into which the two divisions of the army are divided and which were denominated "departments," and intended to designate the extent of actual command given to the officer commanding .....
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