A Report of the Whole Trial of Gen. Michael Bright, and Others, Before Washington & Peters in the Circuit Court of the United States in and for the District of Pennsylvania in the Third Circuit, on an Indictment for Obstructing, Resisting, and Opposing the Execution of the Writ of Arrest, Issued Out of the District Court of Pennsylvania, in the Case of Gideon Olmstead and Others Against the Surviving Executrices of David Rittenhouse, Deceased |
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Page 22
... exercise of the sovereignty of the people , in their own way , and for their own good . The people , acting as the creator , assign to the subject of their creation , the form , attributes , and operation , necessary to its use . In ...
... exercise of the sovereignty of the people , in their own way , and for their own good . The people , acting as the creator , assign to the subject of their creation , the form , attributes , and operation , necessary to its use . In ...
Page 23
... exercise of every other power , necessary for the public wel- fare , with the exceptions and qualifications contained in the declaration of rights . Upon this basis , I trust , it will be perceived , that , without derogating from the ...
... exercise of every other power , necessary for the public wel- fare , with the exceptions and qualifications contained in the declaration of rights . Upon this basis , I trust , it will be perceived , that , without derogating from the ...
Page 26
... exercise of any particular power of government , the investment of that power in congress , was necessarily implied , in the object of the association , without more . Hence it is , that the powers of peace and war , were derived , in ...
... exercise of any particular power of government , the investment of that power in congress , was necessarily implied , in the object of the association , without more . Hence it is , that the powers of peace and war , were derived , in ...
Page 28
... exercise of the authority , ( which , in such a case , is some evidence of its legitimate existence ) continued without opposition , complaint , or denial , throughout the whole of the most interesting period of the revolution , that ...
... exercise of the authority , ( which , in such a case , is some evidence of its legitimate existence ) continued without opposition , complaint , or denial , throughout the whole of the most interesting period of the revolution , that ...
Page 51
... exercise it . It appears manifestly to me on a full view of this subject that Pennsylvania has never consented to give up this power so far as to suffer appeals from the verdict of a jury , and therefore could not be legally exercised ...
... exercise it . It appears manifestly to me on a full view of this subject that Pennsylvania has never consented to give up this power so far as to suffer appeals from the verdict of a jury , and therefore could not be legally exercised ...
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Common terms and phrases
act of assembly Admiralty Court aforesaid amendment answer articles of confederation Artimus White attorney authorise authority bond of indemnity capture cargo certificates chief justice citizens civil claim claimants cognizance common law commonwealth constitution counsel court of admiralty Court of Appeals Court of Pennsylvania Dallas David Clarke David Rittenhouse decided decision declared decree defendants District Court district of Pennsylvania Doane's administrators duty Elizabeth Sergeant equity esquire established Esther Waters executive exercise facts federal courts George Ross Gideon Olmstead governor gress independent individual Ingersoll interest issued judge judgment judicial power jurisdiction jury legislative legislature libel marshal Matthew Clarkson ment Michael Bright militia officer opinion party peremptory mandamus persons possession prize causes proceedings proceeds prosecution question re-examination resist respect Richard Peters sentence Sergeant and Esther shew sloop Active sovereign sovereignty Supreme Court sylvania thereof Thomas Houston tion treasurer trial tribunal union verdict vessel writ
Popular passages
Page 2 - An Act for the encouragement of learning, by securing the copies of maps, charts, and books, to the authors and proprietors of such copies during the times therein mentioned." And also to the act, entitled " An Act supplementary to an Act, entitled, " An Act for the encouragement of learning, by securing the copies of maps, charts, and books, to the authors and proprietors of such copies during the time therein mentioned," and extending the benefits thereof to the arts of designing, engraving, and...
Page 124 - ... whenever it may be necessary in the judgment of the President to use the military force hereby directed to be called forth, the President shall forthwith and previous thereto, by proclamation, command such insurgents to disperse and retire peaceably to their respective abodes within a limited time...
Page 135 - The said states hereby severally enter into a firm league of friendship with each other for their common defence, the security of their liberties, and their mutual and general welfare, binding themselves to assist each other against all force offered to, or attacks made upon them, or any of them, on account of religion, sovereignty, trade, or any other pretence whatever.
Page 23 - It is obviously impracticable, in the federal government of these States, to secure all rights of independent sovereignty to each, and yet provide for the interest and safety of all.
Page 54 - States shall be divided or appropriated.. ..of granting letters of marque and reprisal in times of peace... .appointing courts for the trial of piracies and felonies committed on the high seas and establishing courts for receiving and determining finally appeals in all cases of captures, provided that no member of congress shall be appointed a judge of any of the said courts.
Page 77 - L. 78) declares, that the Circuit Courts of the United States shall have original cognizance, concurrent with the courts of the several States, of all suits of a civil nature at common law or in equity...
Page 215 - 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, the Constitution itself becomes a solemn mockery.
Page 23 - It is at all times difficult to draw with precision the line between those rights which must be surrendered and those which may be reserved; and on the present occasion this difficulty was increased by a difference among the several States as to their situation, extent, habits and particular interests.
Page 219 - Since, then, the state of Pennsylvania had neither possession of, nor right to, the property on which the sentence of the district court was pronounced, and since the suit was neither commenced nor prosecuted against that state, there remains no pretext for the allegation that the case is within that amendment of the constitution which has been cited ; and consequently, the state of Pennsylvania can possess no constitutional right to resist the legal process which may be directed in this cause.
Page 138 - Congress shall earnestly recommend it to the legislatures of the respective, states, to provide for the restitution of all estates, rights and properties, which have been confiscated, belonging to real British subjects...