Reports of Cases Argued and Adjudged in the Supreme Court of the United States ...: August 1801-[February 1815], Volume 1Isaac Riley, 1812 - Court rules |
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Page vii
... taken with that view , were very imperfect He also feels his obligation to those gentlemen of the bar , whose politeness has prompted a ready communication of their notes , which have enabled him more correctly to report their arguments ...
... taken with that view , were very imperfect He also feels his obligation to those gentlemen of the bar , whose politeness has prompted a ready communication of their notes , which have enabled him more correctly to report their arguments ...
Page 7
... taken into consideration . It enacts , that merchant vessels of citizens of the United States may oppose and defend against any search , restraint or seizure which shall be attempted " by the commander or crew of any armed vessel ...
... taken into consideration . It enacts , that merchant vessels of citizens of the United States may oppose and defend against any search , restraint or seizure which shall be attempted " by the commander or crew of any armed vessel ...
Page 17
... taken by Captain Talbot , and libelled as a French vessel ; his object was not to save a neu- tral , but to capture a belligerent . Under such a mis- take he might have a right to examine her further , but the moment she proved to be ...
... taken by Captain Talbot , and libelled as a French vessel ; his object was not to save a neu- tral , but to capture a belligerent . Under such a mis- take he might have a right to examine her further , but the moment she proved to be ...
Page 19
... taken , or were found hovering for the pur- pose of taking , our vessels . This act , therefore , does not authorize the capture of a Hamburgh vessel . There is no law which authorizes a capture for two purposes , viz . to be condemned ...
... taken , or were found hovering for the pur- pose of taking , our vessels . This act , therefore , does not authorize the capture of a Hamburgh vessel . There is no law which authorizes a capture for two purposes , viz . to be condemned ...
Page 29
... taken . The degree of service rendered the rescued vessel is pre- cisely the same as if it had been rendered by a belli- gerent ; yet the rights accruing to the recaptor are not the same , because no right can accrue from an act in ...
... taken . The degree of service rendered the rescued vessel is pre- cisely the same as if it had been rendered by a belli- gerent ; yet the rights accruing to the recaptor are not the same , because no right can accrue from an act in ...
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Common terms and phrases
acres act of assembly act of congress action of debt aforesaid Alexandria Amelia appointment assignment assumpsit authority bearer bill of exchange cargo cause caveat charter-party Chief Justice chose in action circuit court cited commission common law considered constitution contract counsel covenant creditor custom of merchants declaration decree deed defendant delivered demurrage Dexter discharge district drawer endorsement endorsor England entitled entry evidence execution fact Falmouth Fendall France French give given Groverman Havre de Grace indebitatus inland bills judges judgment jurisdiction jury land legislature liable Lord Mansfield mandamus Marbury Mason ment negotiable notice opinion Panther creek parties payable payee payment person plaintiff in error plea port president principle promissory note protest question R. T. Hooe recapture received salvage Samuel Dexter seal Seeman statute of Anne suit survey Talbot Term Rep thereof tion United verdict vessel Virginia warrant Wilson words writ of error
Popular passages
Page 149 - to issue writs of mandamus in cases warranted by the principles and usages of law, to any courts appointed, or persons holding office, under the authority of the United States.
Page 163 - By the constitution of the United States the president is invested with certain important political powers, in the exercise of which he is to use his own discretion, and is accountable only to his country in his political character, and to his own conscience. To aid him in the performance of these duties he is authorized to appoint certain officers who act by his authority and in conformity with his orders. In such cases their acts are his acts; and whatever opinion may be entertained of the manner...
Page 176 - Those, then, who controvert the principle that the constitution is to be considered, in court, as a paramount law, are reduced to the necessity of maintaining that courts must close their eyes on the constitution, and see only the law. This doctrine would subvert the very foundation of all written constitutions. It would declare that an act which, according to the principles and theory of our government, is entirely void, is yet, in practice, completely obligatory.
Page 176 - It is emphatically the province and duty of the judicial department to say what the law is. Those who apply the rule to particular cases must of necessity expound and interpret that rule. If two laws conflict with each other the courts must decide on the operation of each. So, if a law be in opposition to the Constitution; if both the law and the Constitution apply to a particular case, so that the court must either decide that case conformably to the law, disregarding the Constitution, or conformably...
Page 137 - Constitution, relative to correspondences, commissions or instructions to or with public ministers or consuls from the United States, or to negotiations with public ministers from foreign States or princes, or to memorials or other applications from foreign public ministers or other foreigners, or to such other matters respecting foreign affairs, as the President of the United States shall assign to the said department...
Page 175 - Certainly all those who have framed written constitutions contemplate them as forming the fundamental and paramount law of the nation, and, consequently, the theory of every such government must be, that an act of the legislature, repugnant to the constitution, is void.
Page iv - BBOWN, of the said district, hath deposited in this office the title of a book, the right whereof he claims as author, in the words following, to wit : " Sertorius : or, the Roman Patriot.
Page 174 - That the people have an original right to establish, for their future government, such principles as, in their opinion, shall most conduce to their own happiness is the basis on which the whole American fabric has been erected. The exercise of this original right is a very great exertion; nor can it, nor ought it, to be frequently repeated.
Page 164 - But where a specific duty is assigned by law, and individual rights depend upon the performance of that duty, it seems equally clear that the individual who considers himself injured has a right to resort to the laws of his country for a remedy.
Page 152 - At the last term on the affidavits then read and filed * 1 *>4. jnih the clerk, a rule was granted in this case, requiring the secretary of state to show cause why a mandamus *should not issue, directing him to deliver to William Marbury his commission as a justice of the peace for the county of Washington, in the district of Columbia.