Court : US Supreme Court
..... the late war between great britain and her then colonies, passed the 25th day of november, one thousand seven hundred and seventy-five, it is enacted, in the fourth section thereof as follows, viz., " " that it be and is hereby recommended to the several legislatures in the united colonies, as soon as possible to erect courts of justice ..... the sloop active to assist as mariners in navigating the sloop to new york, then in possession of the britain, with a cargo of supplies for the fleets and armies of great britain. during which voyage, about the 6th of september, 1778, they rose upon the master and crew of the sloop, confined them to the cabin, ..... the said executrixes of david rittenhouse, deceased, against any process whatever, issued out of any federal court in consequence of their obedience to the requisition of the said act. if the legislatures of the several states may, at will, annul the judgments of the courts of the united states, and destroy the rights acquired under those judgments .....
Tag this Judgment!Court : US Supreme Court
..... protected by the treaty must be an interest holden as a security for money at the time of the treaty, and the debt must still remain due. the 25th section of the judiciary act must be restrained by the constitution, the words of which are, "all cases arising under treaties." the plaintiff in error does not contend that his right grows out ..... in the court of appeals of maryland and being against the right claimed under the treaty, owings sued out his writ of error under the provisions of the 25th section of the judiciary act, vol. 1, p. 63, which enacts that a final judgment in the highest court of a state in a suit "where is drawn in question the construction of ..... not a case in which a writ of error can lie to the supreme court of the united states. it is not "a case arising. under a treaty." the judiciary act must be restrained by the constitution of the united states. error to the court of appeals of maryland, being the highest court of law and equity in that state, in .....
Tag this Judgment!Court : US Supreme Court
..... crime, but who, if guilty, they had no power to try. the proceedings there were clearly coram non judice. it is unnecessary to notice the eleventh section of page 9 u. s. 187 the act, since, without resorting to it, this court is of opinion that there is no error in the judgment of the circuit court. it is affirmed with costs ..... resided in new york before and during the war with great britain, and went to great britain when new york was evacuated page 9 u. s. 174 by the british army. grace kempe, since the death of her husband, has continued to reside and now resides in great britain, where he died, having been in possession of the land in ..... previously comprehended within the law, but makes no alteration in the tribunal before which this offense is to be tried, and by which final judgment is to be rendered. this act cannot, it is conceived, be fairly construed to convert the court of common pleas into a court of limited jurisdiction, in cases of treason. it remains the only court capable .....
Tag this Judgment!Court : US Supreme Court
..... jurisdiction is where he allows the troops of a foreign prince to pass through his dominions. in such case, without any express declaration waiving jurisdiction over the army to which this right of passage has been granted, the sovereign who should attempt to exercise it would certainly be considered as violating his faith. by exercising ..... to foreigners to enter the dominions of a friendly power is never understood to extend to a military force, and an army marching into the dominions of another sovereign may justly be considered as committing an act of hostility, and if not opposed by force, acquires no privilege by its irregular and improper page 11 u. s. ..... 141 conduct. it may, however, well be questioned whether any other than the sovereign power of the state be capable of deciding that such military commander is without a license. but the rule which is applicable to armies .....
Tag this Judgment!Court : US Supreme Court
..... pretty clear that his opinions lean rather the other way -- viz., to support the indiscriminate right of captors to all property captured by them. grotius, lib. 3, ch. 6, sec. 2, sec. 10, sec. 12. bynkershoek has not discussed the question in direct terms. in one place (bynk. pub.juris, ch. 3), he says that he is not guilty of any crime by ..... bynkershoek, and burlamaqui, and rutherforth and vattel. see grotius, and puffendorf, and bynkershoek ubi supra, and bynk., qu.pub.jur. c. 4, and 6. 2 burlam 209, sec. 12, p. 219, sec. 2, p. 221, sec. 11; ruth. lib. 2, c. 9, pp. 558 to 573. such also is the rule of the common law. hale in harg. law tracts, 245, c. 18 ..... it be possible that the executive has not the power to authorize such seizure? and if he may authorize a seizure by the army or navy, why not by private individuals if they will volunteer for the purpose? the act declaring was has authorized the executive to employ the land and naval force of the united states, to carry it into effect .....
Tag this Judgment!Court : US Supreme Court
..... the thomas gibbons 12 u.s. (8 cranch) 421 appeal from the decree of the circuit court for the district of georgia syllabus under the eighth section of the prize act of june 26, 1812, the president had full authority to issue the instruction of 28 august, 1812. the commissions of the privateers of the united states ..... the authority of the president, we do not think it necessary to consider how far he would be entitled, in his character of commander in chief of the army and navy of the united states, independent of any statute provision, to issue instructions for the government and direction of privateers. that question would deserve grave consideration, ..... to be taken in its general terms, with reference to the laws under which it emanates, and as containing within itself all the qualifications and restrictions which the acts giving it existence have prescribed. in this view, the commission is qualified and restrained by the power of the president to issue instructions. the privateer takes it .....
Tag this Judgment!Court : US Supreme Court
..... reality the object of admiral sawyer and of mr. allen, and that it must have been so understood by those who sailed under this license. in both cases, the allied armies were to be supplied not by sales made directly to their agents (for this is not required by either), but by carrying supplies to the peninsula which would indirectly come ..... the sailing on a voyage under the license and passport of protection of the page 12 u. s. 450 enemy in furtherance of his views or interests constitutes such an act of illegality as subjects the ship and cargo to confiscation as prize of war," and as explanatory of the general reasons for that opinion, a reference was made to the ..... u.s. (8 cranch) 444 syllabus sailing on a voyage under the license and passport or protection of the enemy in furtherance of his views or interests constitutes such an act of illegality as subjects the ship and cargo to condemnation as prize of war. sailing with a cargo of provisions to the port of a neutral which is the ally .....
Tag this Judgment!Court : US Supreme Court
..... u. s. 220 had licenses or passports of the same character and substantially for the same purpose, except only that the object of the julia was to supply the allied armies in portugal, and the original intention of the aurora was to go the british west indies. it is by no means clear that this destination was ever changed, but admitting ..... the claimants to carry into effect the original understanding between them and mr. allen. for although the destination to st. bartholomews be conceded, it is evident that mr. allen who acted as british consul, supposed the views of admiral sawyer might be answered as well in that as in any other way; nor is it clear, as was said at bar .....
Tag this Judgment!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 .....
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