 | T. Carpenter - Burr Conspiracy, 1805-1807 - 1808 - 482 pages
...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... | |
 | Elijah Paine, United States. Circuit Court (2nd Circuit) - Law reports, digests, etc - 1827 - 748 pages
...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 - Law reports, digests, etc - 1838 - 620 pages
...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 - Constitutional law - 1839 - 762 pages
...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 - Criminal law - 1851 - 704 pages
...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 - Law - 1852 - 772 pages
...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 - United States - 1852 - 774 pages
...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 - Law reports, digests, etc - 1864 - 754 pages
...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 - Constitutional history - 1876 - 536 pages
...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.... | |
 | Hermann Von Holst - Constitutional history - 1877 - 538 pages
...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 to the principles of our constitution, lhat the crime of treason should not be extended by construction to doubtful cases." Cranch, Rep.,... | |
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... should be ordained by general laws, formed upon deliberation, under the influence of no resentments, and without knowing on whom they were to operate, than that it should be inflicted under the influence of those passions which the occasion seldom... 
