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United States (United States) (search for this): chapter 182
lution, to throw off the Government of the United States, and erect themselves into an independent g under them against the penal laws of the United States? Cases have heretofore arisen where a porween them and their former rulers, and the United States hold a neutral position in such war, then the rights and infringing the laws of the United States, then the judiciary will hold that such depen rebellion against the authority of the United States, or towards aliens co-operating with, and as rebels and lawless aggressors upon the United States and its citizens, the courts also must so orize acts in violation of the laws of the United States, or change the character of offences under man from his allegiance. Citizens of the United States, therefore, may not only be subject to theommit hostilities upon the commerce of the United States, under a commission from any foreign natioion of such treaty, they make war upon the United States, or cruise against our vessels or property[2 more...]
England (United Kingdom) (search for this): chapter 182
or assumption of power by such State or States can authorize acts in violation of the laws of the United States, or change the character of offences under them. There is another view. Mere rebellion absolves no man from his allegiance. Citizens of the United States, therefore, may not only be subject to the penalties of treason, but if they commit hostilities upon the commerce of the United States, under a commission from any foreign nation, even the oldest and best established, such as England or France for example, they may be dealt with as pirates by the express enactments in the ninth section of the statute of 1790, which has already been referred to. And aliens who are subjects or citizens of any foreign State with whom we have a treaty, such as is described in the statute of 1847, chapter 51, which has already been quoted; if, in violation of such treaty, they make war upon the United States, or cruise against our vessels or property under a commission from any foreign gover
France (France) (search for this): chapter 182
tion of power by such State or States can authorize acts in violation of the laws of the United States, or change the character of offences under them. There is another view. Mere rebellion absolves no man from his allegiance. Citizens of the United States, therefore, may not only be subject to the penalties of treason, but if they commit hostilities upon the commerce of the United States, under a commission from any foreign nation, even the oldest and best established, such as England or France for example, they may be dealt with as pirates by the express enactments in the ninth section of the statute of 1790, which has already been referred to. And aliens who are subjects or citizens of any foreign State with whom we have a treaty, such as is described in the statute of 1847, chapter 51, which has already been quoted; if, in violation of such treaty, they make war upon the United States, or cruise against our vessels or property under a commission from any foreign government, howe
J. T. Sprague (search for this): chapter 182
Doc. 172.-Judge Sprague's charge, May 16. After citing provisions from the laws of 1790, 1820, 1825, 1846, and 1847, as to what constitutes the general crime, with the different degrees of penalty, the judge remarks that these enactments were founded upon the clause in the Constitution which gives Congress the power to define and punish piracy. But the constitutional power to regulate commerce also affords a basis for additional penal enactments, covering all possible aggressions and depredations upon our commerce. The judge then lays down the following important principles, the bearing of which will be sufficiently evident in the present crisis:-- The statutes, being enacted pursuant to the Constitution, are of paramount authority, and cannot be invalidated or impaired by the action of any State or States; and every law, ordinance, and constitution made by them for that purpose, whatever its name or form, is wholly nugatory and can afford no legal protection to those who a
Doc. 172.-Judge Sprague's charge, May 16. After citing provisions from the laws of 1790, 1820, 1825, 1846, and 1847, as to what constitutes the general crime, with the different degrees of penalty, the judge remarks that these enactments were founded upon the clause in the Constitution which gives Congress the power to define and punish piracy. But the constitutional power to regulate commerce also affords a basis for additional penal enactments, covering all possible aggressions and depredations upon our commerce. The judge then lays down the following important principles, the bearing of which will be sufficiently evident in the present crisis:-- The statutes, being enacted pursuant to the Constitution, are of paramount authority, and cannot be invalidated or impaired by the action of any State or States; and every law, ordinance, and constitution made by them for that purpose, whatever its name or form, is wholly nugatory and can afford no legal protection to those who a
Doc. 172.-Judge Sprague's charge, May 16. After citing provisions from the laws of 1790, 1820, 1825, 1846, and 1847, as to what constitutes the general crime, with the different degrees of penalty, the judge remarks that these enactments were founded upon the clause in the Constitution which gives Congress the power to define and punish piracy. But the constitutional power to regulate commerce also affords a basis for additional penal enactments, covering all possible aggressions and depredations upon our commerce. The judge then lays down the following important principles, the bearing of which will be sufficiently evident in the present crisis:-- The statutes, being enacted pursuant to the Constitution, are of paramount authority, and cannot be invalidated or impaired by the action of any State or States; and every law, ordinance, and constitution made by them for that purpose, whatever its name or form, is wholly nugatory and can afford no legal protection to those who ac
Doc. 172.-Judge Sprague's charge, May 16. After citing provisions from the laws of 1790, 1820, 1825, 1846, and 1847, as to what constitutes the general crime, with the different degrees of penalty, the judge remarks that these enactments were founded upon the clause in the Constitution which gives Congress the power to define and punish piracy. But the constitutional power to regulate commerce also affords a basis for additional penal enactments, covering all possible aggressions and deprh as pirates by the express enactments in the ninth section of the statute of 1790, which has already been referred to. And aliens who are subjects or citizens of any foreign State with whom we have a treaty, such as is described in the statute of 1847, chapter 51, which has already been quoted; if, in violation of such treaty, they make war upon the United States, or cruise against our vessels or property under a commission from any foreign government, however long acknowledged, may, by the cle
of the statute of 1790, which has already been referred to. And aliens who are subjects or citizens of any foreign State with whom we have a treaty, such as is described in the statute of 1847, chapter 51, which has already been quoted; if, in violation of such treaty, they make war upon the United States, or cruise against our vessels or property under a commission from any foreign government, however long acknowledged, may, by the clear provisions of that statute, be dealt with as pirates. If aliens, subjects of a nation with whom we have no such treaty, commit acts of hostility upon our commerce, under the alleged authority or commission of a new and self-created government claiming to be independent, it may be material to inquire whether such government is to be regarded as having the immunities of a belligerent, or whether such aliens may be treated as robbers on the seas, and this inquiry will be governed by the principles which I have already stated.--Boston Journal, May 17.
Doc. 172.-Judge Sprague's charge, May 16. After citing provisions from the laws of 1790, 1820, 1825, 1846, and 1847, as to what constitutes the general crime, with the different degrees of penalty, the judge remarks that these enactments were founded upon the clause in the Constitution which gives Congress the power to define and punish piracy. But the constitutional power to regulate commerce also affords a basis for additional penal enactments, covering all possible aggressions and deprmerce of the United States, under a commission from any foreign nation, even the oldest and best established, such as England or France for example, they may be dealt with as pirates by the express enactments in the ninth section of the statute of 1790, which has already been referred to. And aliens who are subjects or citizens of any foreign State with whom we have a treaty, such as is described in the statute of 1847, chapter 51, which has already been quoted; if, in violation of such treaty,
Doc. 172.-Judge Sprague's charge, May 16. After citing provisions from the laws of 1790, 1820, 1825, 1846, and 1847, as to what constitutes the general crime, with the different degrees of penalty, the judge remarks that these enactments were founded upon the clause in the Constitution which gives Congress the power to define and punish piracy. But the constitutional power to regulate commerce also affords a basis for additional penal enactments, covering all possible aggressions and depredations upon our commerce. The judge then lays down the following important principles, the bearing of which will be sufficiently evident in the present crisis:-- The statutes, being enacted pursuant to the Constitution, are of paramount authority, and cannot be invalidated or impaired by the action of any State or States; and every law, ordinance, and constitution made by them for that purpose, whatever its name or form, is wholly nugatory and can afford no legal protection to those who ac
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