the body of laws governing relations between nations
5, referring to the law of nations for a definition of the crime of piracy, is a constitutional exercise of the power of Congress to define and punish that crime.
5, referring to the law of nations for a definition of the crime of piracy, is a constitutional exercise of the power of Congress to define and punish that crime.
add explanatory notes to or supply with critical comments
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In respect to murder, where "malice aforethought" is of the essence of the offense, even if the common law definition were quoted in express terms, we should still be driven to deny that the definition was perfect, since the meaning of "malice aforethought" would remain to be gathered from the common law.
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Such a mode of proceeding would be consonant with the universal practice in this country and with those feelings of humanity which are ever opposed to the putting in jeopardy the life of a fellow being, unless for the contravention of a rule which has been previously prescribed and in language so plain and explicit as not to be misunderstood by anyone.
a wrongdoing for which an action for damages may be brought
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The special verdict finds that the prisoner is guilty of the plunder and robbery charged in the indictment, and finds certain additional facts from which it is most manifest that he and his associates were, at the time of committing the offense, freebooters upon the sea, not under the acknowledged authority or deriving protection from the flag or commission of any government.
professional wrongdoing that results in injury or damage
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the act of counting; reciting numbers in ascending order
But supposing Congress was bound in all the cases included in the clause under consideration to define the offense, still there is nothing which restricts it to a mere logical enumeration in detail of all the facts constituting the offense.
It is not certain that on examination, the crime would not be found to be more accurately defined in the code thus referred to than in any writer on the law
Page 18 U. S. 182
of nations, but the objection to the reference in both cases is the same -- that it is the duty of Congress to incorporate into their own statutes a definition in terms, and not to refer the citizens of the United States for rules of conduct to the statutes or laws of any foreign country with which it is not to ...
However this may be, in relation to offenses on the high seas, it is necessarily somewhat indeterminate, since the term is not used in the criminal jurisprudence of the admiralty in the technical sense of the common law.
"We, of the jury, find that the prisoner Thomas Smith, in the month of March, 1819, and others, were part of the crew of a private armed vessel called the Creollo, commissioned by the government of Buenos Ayres, a colony then at war with Spain, and lying in the port of Margaritta; that in the month of March, 1819, the said prisoner and others of the crew mutinied, confined their officer, left the vessel, and in the said port of Margaritta seiz...
Although it cannot be denied that some writers on the law of nations do declare what acts are deemed piratical, yet it is certain that they do not all agree, and if they did, it would seem unreasonable to impose upon that class of men, who are the most liable to commit offenses of this description, the task of looking beyond the written law of their own country for a definition of them.
intangible property that is the result of creativity
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And the general practice of all nations in punishing all persons, whether natives or foreigners, who have committed this offense against any persons whatsoever with whom they are in amity is a conclusive proof that the offense is supposed to depend not upon the particular provisions of any municipal code, but upon the law of nations, both for its definition and punishment.
the manner in which something is expressed in words
In respect, therefore, as well to felonies on the high seas as to offenses against the law of nations, there is a peculiar fitness in giving the power to define as well as to punish, and there is not the slightest reason to doubt that this consideration had very great weight in producing the phraseology in question.
Created on Wed Oct 12 23:54:22 EDT 2011
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