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 4
... part of the defendants , but , on the con- trary , that they are disposed to pay every respect and defer- rence to the Court ; andfinding that there has been a prece dent set by one of my predecessors of going to ( 4 )
... part of the defendants , but , on the con- trary , that they are disposed to pay every respect and defer- rence to the Court ; andfinding that there has been a prece dent set by one of my predecessors of going to ( 4 )
Page 9
... respecting the said capture being submitted to the said court of admiralty , and a jury then and there returned impanelled and sworn ; a gène- ral verdict was brought in by the said Jury , which was on- firmed by the court , whereby ...
... respecting the said capture being submitted to the said court of admiralty , and a jury then and there returned impanelled and sworn ; a gène- ral verdict was brought in by the said Jury , which was on- firmed by the court , whereby ...
Page 10
... respecting capture should be had by a jury ; and under such qualifications , as to the respective le- gislatures should seem expedient , and notwithstanding the courts of appeals , did decide not by a jury , but by the usage of nations ...
... respecting capture should be had by a jury ; and under such qualifications , as to the respective le- gislatures should seem expedient , and notwithstanding the courts of appeals , did decide not by a jury , but by the usage of nations ...
Page 14
... respect of the premises , in their answer to the bill so as aforesaid filed against them , in the district court of Pennsylvania , before Richard Peters , judge of the said court , without regard to the decree of the said Richard Peters ...
... respect of the premises , in their answer to the bill so as aforesaid filed against them , in the district court of Pennsylvania , before Richard Peters , judge of the said court , without regard to the decree of the said Richard Peters ...
Page 15
... respects the claims , rights and interests of the said common- wealth of Pennsylvania ex parte and without jurisdiction . JOHN SERGEANT , attorney for defendants . That on the twenty - seventh day of February , one thou sand eight ...
... respects the claims , rights and interests of the said common- wealth of Pennsylvania ex parte and without jurisdiction . JOHN SERGEANT , attorney for defendants . That on the twenty - seventh day of February , one thou sand eight ...
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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...