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Full Title
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 / by Thomas Lloyd ; the arguments of counsel and charge of the judge, revised by each respectively.
Author
Bright, Michael, Gen.
Contributor
Lloyd, Thomas, 1756-1827. Olmsted, Gideon, 1749-1845. United States. Circuit Court (3rd Circuit).
Date Added
13 January 2014
Language
English
Publish Date
1809
Publisher
Philadelphia : Printed for P. Byrne
Source
Pennsylvaniana
Topic
Bright, Michael, Gen. > Trials, litigation, etc. Trials (Resisting an officer) > Pennsylvania > Philadelphia.
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Disclaimer of Liability Disclaimer of Endorsement
OCR
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.‘,; ‘- ‘ ’ V v
. 22.1. > s .
>’df a jury shall maiiiisii the facts in all trials in the courts on
iadniiraltygvitliout re-‘exainination or appeal, and that an ap.“
V pieal is: permitted onlyifrom ‘aidecree of thcjudge. ‘
. " ‘,"Tllaty‘lllHl7.l[lg.6X;tmlI1C(l tliesaid act, which is entitled “ An
< act'for establishing a court of a’dmiralty,?’ passed at a session
which commenced on the,4th of August, 1778, the committee
3 the follbii'ing words, viz: F‘ The finding of the jury shall.
’ establish tliefacts, without re-examiiiation or appeal.” Andiu’
the ,seventh'section“of the same act, the following words, viz:
T . . ‘f In allcases of captures an appeal from the "decree Oflllc
' ': I -‘judge of admiralty, of this-state‘, shall be allowed to the conti-M
‘ xpientalncongress, or such person or persons as they may from
9 time tottime appoint for hearing and trying appeals.” ‘ a
f -- That although congress‘, by tlieiij resolution of November
‘ 25, 1775, recommended it to the several legislatures to erect
icourts forftlie purpose ofidetermining concerning captures,
landjto pt‘0V"l(lt:‘Vtl1at all trials in such ‘cases be had by a jury,
i yet it is provided,“ that in all cases, an appeal shall be allowed
V L A. M toethe "congress, or to such person or persons as they shall ap-
‘ V" 7-point for the trial of appeals.” " - i
" ‘ ‘”“"'‘‘' “""““‘ “"'"-r-re-s-< A M-M--....i.s., ,................,.t...........,, 1
p Whereupon‘.1Rcsb(t1ed,'Tliati congress, orisuch person or
s ‘ -personsas theyappoint torliear and determine appeals from V
7' V‘ thecourts of admiralty, liavle necessarily the power to exa-
?,;‘.riiiVne as iovoellpvinto decisions on facts as decisions on the law,
a ' s v and to decree finally thereon ; and that no finding of ajury in
’ auyfcourt of admiralty, or court for determiniiigothe legality
‘A "of captures. on the high seas, can or ought to‘destroy the
> "right of appeal, and the re-examination of the facts reserved
V’ ., tocongress. .. , .4 . o.‘ ', ‘ ;
.w,That nolactof -any onestate can, or oughtfto, destroy the
‘fright ofappeal to congress, in tlieoscnse above declared; E ‘ I
l ‘That congress is,,by these United States, invested with the
supreme sovereign power of war and peaccim " ’ A
That the werrof executin the law of nations is csosen-.
. . ‘ . . f ' . (1 ‘
. V. jtia tot esuprcme sovereign powero , war an peace. M
' Q ‘ ,Tha'tv the’le'gality' of all captures on the high seas must be .
.determinedAby.the law of nations. M ’
Thatthe authority, ,til,'mate,ly and finally to decide on all
‘ 7 . matters and questions touching thclaw of nations, does re- s
. t side and isvested in the sovereign supreme power of war,and
, V l of 7 That a‘coutrol,hy appeal is necessary, in order to compel at
” 7,, L j?.-just and uniform execution ofstlie law of. nations,
‘ .i[Tll3tith Wsaid control must extend as well overvthe deci:
SiO1liS'0fjl1I'lC5’11Sijl.1(lgC3,‘iI1 courts for detcrmiiiiiig the lega:
r