Court : US Supreme Court
..... the convoy is to all purposes the resistance of the associated fleet. it might with as much propriety be maintained that neutral goods, guarded by a hostile army in their passage through a country or voluntarily lodged in a hostile fortress for the avowed purpose of evading the municipal rights and regulations of that country, ..... of constructive cooperation and hostility is far less certain and direct. to condemn in such case is pushing the doctrine to a great extent, since it is acting upon the presumption, which is not permitted to be contradicted, that all the convoyed ships distinctly understood and adopted the objects of the convoy and intimately blended ..... receive the protection of belligerent force in such manner and under such circumstances as the belligerent may choose to apply it. it is an adoption of his acts and an assistance of his interests during the assumed voyage. to render the convoy an effectual protection, it is necessary to interchange signals and instructions, to .....
Tag this Judgment!Court : US Supreme Court
..... enemy, and consequently, in performing them did not assume that character. the second point presents a question of much more difficulty. that a neutral carrying supplies to the army of the enemy does, under the mildest interpretation of international law, expose himself to the loss of freight is a proposition too well settled to be controverted. that ..... their common war, whether intended for the british or any other division of the allied armies, had a right to pass unmolested by american cruisers. it is not believed that any act which, if performed by the government, would not be deemed an act of hostility, is to be so deemed if performed by an individual. had the provisions ..... enemies. had any other of the combined powers equipped a military expedition for the purpose of reinforcing the armies of britain in any part of europe, or had a new ally engaged in the war, that would have been no act of hostility against the united states, although it would have aided our enemy. but if a military .....
Tag this Judgment!Court : US Supreme Court
..... the late major general nathaniel greene to twenty-five thousand acres of land given to him, within the bounds of the land reserved for the use of the army, by the tenth section of the act of the legislature of north carolina passed in 1782 as a mark of the sense entertained by that state of his eminent services. this was a bill ..... almost necessarily to the opinion that the lands granted to martin and wilson were a part of those to which the act related, and the words of the section show that their title was acquired by this act. by no course of just reasoning can it be inferred from these permissions to make appropriations within bounds not open to entry generally that a ..... on the same ground, protected by his preexisting title, whatever it might be. but it is contended that his title was annulled by the general authority given in the 9th section of the act to enter all the lands within the enlarged limits then opened to purchasers. to this argument it is answered 1st. that the 11th .....
Tag this Judgment!Court : US Supreme Court
..... satisfied by a restriction created by the application of external force? if, for example, a town be besieged and the inhabitants confined within its walls by the besieging army, if in attempting to come out they are forced back, would it be inaccurate to say they are restrained within these limits? the court believes it would not, ..... observed that the vessel did not attempt to proceed towards the blockaded port, but lay in bristol when the abandonment was made. the blockading squadron therefore did not act directly on the vessel, nor apply to her any physical force. it is not certain that such a circumstance might not have materially affected the case. this court ..... in attempting to pass the blockading page 16 u. s. 193 squadron the vessel be stopped and turned back, the force is directly applied to her, and does act directly and not circuitously. without contesting or admitting the reasonableness of the opinion that the loss of the voyage occasioned by the detention of the ship by her master .....
Tag this Judgment!Court : US Supreme Court
..... the united provinces of rio de la plata in south america are free and independent states, and as such have the power to levy war and make peace, raise armies and navies, &c.;, and that the supreme provisional director of said provinces, at the fort of buenos ayres on 25 october 1815, commissioned a certain schooner called ..... vessels and effects of the kingdom of spain and the subjects thereof, excepting only the spanish americans who defend their liberty, and authorized one james barnes to act as commander of said schooner and to seize and capture the vessels and effects of european spaniards and bring them within the government of the united provinces for ..... which the new governments in south america may direct against their enemy. unless the neutral rights of the united states (as ascertained by the law of nations, the acts of congress, and treaties) are violated by the cruisers sailing under commissions from those governments, captures by them are to be regarded by us as other captures .....
Tag this Judgment!Court : US Supreme Court
..... it. the propriety of this remark would seem to be generally acknowledged by the universal acquiescence in the construction which has been uniformly put on the 3d section of the 4th article of the constitution. the power to "make all needful rules and regulations respecting the territory or other property belonging to the united states ..... security for the faithful performance of duty is not given, nor is it indispensably necessary. the different departments may be established; taxes may be imposed and collected; armies and navies may be raised and maintained; and money may be borrowed, without requiring an oath of office. it might be argued with as much plausibility as ..... wild enough to think of breaking down the lines which separate the states, and of compounding the american people into one common mass. of consequence, when they act, they act in their states. but the measures they adopt do not, on that account, cease to be the measures of the people themselves, or become the measures .....
Tag this Judgment!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
..... 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 .....
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