Trial of Samuel Chase: An Associate Justice of the Supreme Court of the United States, Impeached by the House of Representatives, for High Crimes and Misdemeanors, Before the Senate of the United States, Том 2S. H. Smith, 1805 |
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Стр. 3
... practice which we think ought to have been pursued in the case of Callen- dar . The practice in the federal courts is regulated by that in each state . If this position be correct , we contend , that the proper process in the case of ...
... practice which we think ought to have been pursued in the case of Callen- dar . The practice in the federal courts is regulated by that in each state . If this position be correct , we contend , that the proper process in the case of ...
Стр. 4
... practice , To shew which I refer to Hawkins Pleas of the crown , where it is stated that a venire facias , which is in the nature of a summons , is the proper process , and that it is returnable to the next court . It was surely then ...
... practice , To shew which I refer to Hawkins Pleas of the crown , where it is stated that a venire facias , which is in the nature of a summons , is the proper process , and that it is returnable to the next court . It was surely then ...
Стр. 38
... practice is constant and universal . Previous to the trial of the cases of treason after the restoration of Charles II . the judges of England met together , and did form and reduce to writing opinions , not only upon the mode of ...
... practice is constant and universal . Previous to the trial of the cases of treason after the restoration of Charles II . the judges of England met together , and did form and reduce to writing opinions , not only upon the mode of ...
Стр. 39
... practice of charging grand juries , on the legal nature and description of the crimes to come under their notice ? When a judge , is about to hold a criminal court , he is particular to introduce into his charge those very offences ...
... practice of charging grand juries , on the legal nature and description of the crimes to come under their notice ? When a judge , is about to hold a criminal court , he is particular to introduce into his charge those very offences ...
Стр. 42
... practice of delivering opinions on points of law in charges to grand juries , is not confined to the English courts . It is the same in the United States . The mana- gers have pronounced a very deserved eulogium upon the official ...
... practice of delivering opinions on points of law in charges to grand juries , is not confined to the English courts . It is the same in the United States . The mana- gers have pronounced a very deserved eulogium upon the official ...
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accused admitted affidavit answer appear argument attorney authority Basset bench Callender capias cause character charge committed common law conduct considered constitution contend conviction counsel crimes and misdemeanors criminal Dallas decide the law decision declared defence delivered district doctrine duty evidence expressions fact Fries's gentleman give grand jury guilty hath heard Heath high crimes honorable client honorable court honorable managers impartial impeachment improper indictable offence indictment intention issue John B. C. Lucas John Fries John Heath judge Chase judgment judicial juror justice laws of Virginia levying Lewis libellous manner Maryland ment misdemeanor neral never object offence opinion oppression party person present President principle prisoner proceeding proper prosecution prove punishment question recollect respect respondent rule Samuel Chase sedition shew Star Chamber statute summons supposed sworn testimony tion treason trial tribunal United verdict violation William Marshall witnesses words
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Стр. 483 - that the laws of the several States, except where the Constitution, treaties, or statutes of the United States shall otherwise require or provide, shall be regarded as rules of decision in trials at common law in the courts of the United States, in cases where they apply.
Стр. 107 - And shall have exclusive cognizance of all crimes and offences cognizable under the authority of the United States...
Стр. 228 - ... according as the very right of the cause and matter in law shall appear unto them, without regarding any imperfection, omission...
Стр. 121 - ... the usual mode of process against offenders in such State, and at the expense of the United States, be arrested and imprisoned, or bailed, as the case may be, for trial before such court of the United States as by law has cognizance of the offense.
Стр. 121 - States, to regulate the practice of the said courts respectively, as shall be fit and necessary for the advancement of justice, and especially to that end to prevent delays in proceedings.
Стр. 134 - A crime, or misdemeanor, is an act committed or omitted in violation of a public law, either forbidding or commanding it. This general definition comprehends both crimes and misdemeanors ; which, properly speaking, are mere synonymous terms : though in common usage, the word
Стр. 111 - The Chief Justice, in answer to the motion of the Attorney General, made yesterday, informs him and the bar, that this court consider the practice of the courts of king's bench, and of chancery, in England, as affording outlines for the practice of this court; and that they will, from time to time, make such alterations therein as circumstances may render necessary.
Стр. 108 - And upon all arrests in criminal cases, bail shall be admitted, except where the punishment may be death, in which cases it shall not be admitted but by the Supreme or a circuit court, or by a justice of the supreme court, or a judge of a district court, who shall exercise their discretion therein, regarding the nature and circumstances of the offence, and of the evidence, and the usages of law.
Стр. 233 - And if such commitment of the offender, or the witnesses shall be in a district other than that in which the offence is to be tried, it shall be the duty of the judge of that district where the delinquent is imprisoned, seasonably to issue, and of the marshal of the same district to execute, a warrant for the removal of the offender, and the witnesses or either of them, as the case may be, to the district in- which the trial is to be had.
Стр. 387 - Judge for any reasonable cause, which shall not be sufficient ground of impeachment, may be removed by the governor on the address of two thirds of each branch of the legislature.