The Life of John Marshall, Volumen3Houghton Mifflin, 1919 |
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Página xiv
... jury refuses to indict Burr , asserting that he is guilty of no offense Court refuses to discharge him- Wilkinson's frantic efforts to seize or kill him He goes into hiding - Court forfeits his bond - He escapes He is captured in ...
... jury refuses to indict Burr , asserting that he is guilty of no offense Court refuses to discharge him- Wilkinson's frantic efforts to seize or kill him He goes into hiding - Court forfeits his bond - He escapes He is captured in ...
Página xv
... jury formed and instructed - Believe Burr guilty - Burr's passionate reply to George Hay , the District Attorney - Hay reports to Jefferson - Burr's counsel denounce the Administration's efforts to excite the public against him ...
... jury formed and instructed - Believe Burr guilty - Burr's passionate reply to George Hay , the District Attorney - Hay reports to Jefferson - Burr's counsel denounce the Administration's efforts to excite the public against him ...
Página 24
... jury at Richmond , May 22 , 1793 , Chief Justice John Jay first announced this doctrine , although not specifically naming the com- mon law . Two months later , Justice James Wilson claimed the same inclusive power in his address to the ...
... jury at Richmond , May 22 , 1793 , Chief Justice John Jay first announced this doctrine , although not specifically naming the com- mon law . Two months later , Justice James Wilson claimed the same inclusive power in his address to the ...
Página 25
... jury under the in- structions of the bench , " but he was afterward pardoned on condi- tion that he surrender his commission and Exequatur . " ( Wharton : State Trials , 90-92 . ) For the documents preceding the arrest and prosecution ...
... jury under the in- structions of the bench , " but he was afterward pardoned on condi- tion that he surrender his commission and Exequatur . " ( Wharton : State Trials , 90-92 . ) For the documents preceding the arrest and prosecution ...
Página 26
... jury was to the same effect.2 3 The jury refused to convict . The verdict was " celebrated with extravagant marks of joy and exul- tation , " records Marshall in his account of this mem- orable trial . " It was universally asked , " he ...
... jury was to the same effect.2 3 The jury refused to convict . The verdict was " celebrated with extravagant marks of joy and exul- tation , " records Marshall in his account of this mem- orable trial . " It was universally asked , " he ...
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Términos y frases comunes
¹ Annals 1st Sess 2d Sess 7th Cong Aaron Burr acts of Congress Adair Adams American Andrew Jackson appointed asserted Attorney Bayard bench Blennerhassett Bollmann and Swartwout British Burr conspiracy Burr's Bushrod Washington Callender chap charge Chase Trial Chief Justice Colonel Constitution convicted counsel Cranch crime Daveiss declared Dreer MSS Eaton Executive Federal Federalist Ford Giles Government grand jury Hamilton Hist House impeachment indictment infra Jackson Jefferson John Marshall John Quincy Adams judicial Judiciary Act Kentucky Legislature letter Madison Marbury March Marshall to Wayne Marshall's McCaleb Memoirs ment Mexico National judges National Judiciary never opinion Orleans Parton party Pickering Plumer MSS political popular President Randolph repeal Republican resolution Richmond Samuel Chase Senate Spain Spanish speech supra Supreme Court Thomas Jefferson tion treason unconstitutional United Virginia volume vote Weems Wharton Wilkinson William writ writing wrote
Pasajes populares
Página 139 - If the former part of the alternative be true, then a legislative act contrary to the Constitution is not law ; if the latter part be true, then written constitutions are absurd attempts on the part of the people to limit a power in its own nature illimitable.
Página 140 - It would be giving to the legislature a practical and real omnipotence, with the same breath, which professes to restrict their powers within narrow limits. It is prescribing limits, and declaring, that those limits may be passed at pleasure.
Página 120 - The interpretation of the laws is the proper and peculiar province of the courts. A constitution is in fact, and must be, regarded by the judges as a fundamental law. It therefore belongs to them to ascertain its meaning as well as the meaning of any particular act proceeding from the legislative body.
Página 130 - To this objection, which is of recent date, it is sufficient to observe that practice and acquiescence under it for a period of several years, commencing with the organization of the judicial system, affords an irresistible answer, and has indeed fixed the construction. It is a contemporary interpretation of the most forcible nature. This practical exposition is too strong and obstinate to be shaken or controlled. Of course, the question is at rest, and ought not now to be disturbed.
Página 350 - On the contrary, if war be actually levied, that is, if a body of men be actually assembled for the purpose of effecting by force a treasonable purpose, all those who perform any part, however minute or however remote from the scene of action, and who are actually leagued in the general conspiracy, are to be considered as traitors.
Página 616 - Blannerhassett's character, that on his arrival in America, he retired even from the population of the Atlantic States, and sought quiet and solitude in the bosom of our western forests. But he carried with him taste and science and wealth; and lo, the desert smiled!
Página 263 - To be prepared for war is one of the most effectual means of preserving peace.
Página 530 - You will be enabled to judge whether the defect was in the testimony, in the law, or in the administration of the law ; and wherever it shall be found, the legislature alone can apply or originate the remedy. The framers of our constitution certainly supposed they had guarded, as well their government against destruction by treason, as their citizens against oppression, under pretence of it, and if these ends are not attained, it is of importance to inquire by what means, more effectual, they may...
Página 120 - A constitution is in fact, and must be, regarded by the judges as a fundamental law. It therefore belongs to them to ascertain its meaning as well as the meaning of any particular act proceeding from the legislative body. If there should happen to be an irreconcilable variance between the two, that which has the superior obligation and validity ought of course to be preferred; or in other words, the constitution ought to be preferred to the statute, the intention of the people to the intention of...
Página 353 - The people of the country to which we are going are prepared to receive us; their agents, now with Burr, say that if we will protect their religion, and will not subject them to a foreign power, that, in three weeks, all will be settled: The gods invite us to glory and fortune; it remains to be seen whether we deserve the boon.