| T. Carpenter - 1808 - 482 páginas
...operate, than that it should be inflicted under the influence of those passions which the occasion seldom fails to excite, and which a flexible definition of the crime, or a construction which would tender it flexible, might bri'ig into operation. It is, therefore, more safe, as well as consonant... | |
| Aaron Burr - 1808 - 552 páginas
...apply to an act. It can neither apply to the assemblage, nor to the intention. The court professes that the crime of treason should not be extended by construction to doubtful cases, and that a flexible definition or a construction that would render it flexible ought to be avoided. Yet it is... | |
| Elijah Paine, United States. Circuit Court (2nd Circuit) - 1827 - 748 páginas
...an actual assemblage of men, for the purpose of executing a treasonable design." And again, "It is more safe, as well as more consonant to the principles...be extended, by construction, to doubtful cases." Having now stated the principal decisions abroad and at home, on the subject before us, let us go back... | |
| Alabama. Supreme Court, Benjamin Faneuil Porter - 1838 - 620 páginas
...influence of those passions which the occasion seldom fails to excite, and which a flexible defmition of the crime, or a construction which would render...flexible, might bring into operation. It is therefore more STATE vs M'DONALD. safe, as well as more consonant to the principles of our constitution, that the... | |
| John Marshall - 1839 - 762 páginas
...operate, than that it should he inflicted under the influence of those passions which the occasion seldom fails to excite, and which a flexible definition of...bring into operation. It is therefore more safe,, as^well as more consonant to the principles of our constitution, \ that the crime of treason should... | |
| Jacob D. Wheeler - 1851 - 704 páginas
...enlistment of men to seeve against the government, is not treason by levying war. The crime of It is more safe as well as more consonant to the principles of our treason constitution, that the crime of treason should not be extended by should not be construction... | |
| United States. Congress - 1852 - 772 páginas
...authorities. Certainly they ought not to be so understood when they say in express terms, that " it is more safe as well as more consonant to the principles...construction to doubtful cases; and that crimes not already within the constitutional definition, should receive such punishment as the Legislature, in... | |
| United States. Congress - 1852 - 774 páginas
...authorities. Certainly they ought not to be so understood when ihey say in express terms, that "it is more safe as well as more consonant to the principles...construction to doubtful cases; and that crimes not already within the constitutional definition, should receive such punishment as the Legislature, in... | |
| United States. Supreme Court, Benjamin Robbins Curtis - 1864 - 754 páginas
...operate, than that it should be inflicted under the influence of those passions which the occasion seldom fails to excite, and which a flexible definition of...doubtful cases ; and that crimes not clearly within the VOL. Ii. 4 Ex parts Bollman and /•."./• parte Swartwout. 4 C. constitutional definition, should... | |
| Hermann Von Holst - 1876 - 536 páginas
...must be an actual assembling of men for the treasonable purpose to constitute a levying of war. . . It is therefore more safe, as well as more consonant...not be extended by construction to doubtful cases." Crunch, Rep., IV., pp. 126, 127 ; Curtis, II., pp. 36, 37. Compare also Cranch, IV., pp. 408-509. strike.... | |
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