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Updated: May 4, 2025
An indictment is the mode by which all treasons and felonies must be proceeded against, and by which ordinary misdemeanours are usually brought to punishment.
And the Congress shall have authority to execute the judgment of such courts by their own affairs. Piracies and felonies committed on the high seas shall also belong to the department of Congress for them to define, try, and punish, in the same manner as the other causes shall be defined, tried, and determined. All the before-mentioned causes shall be tried by jury and in some sea-port town.
As for the last head it remains yet capital, by virtue of a statute made in the reign of Henry VIII, which had been repealed in the first of Queen Mary, and was revived in the fifth of Queen Elizabeth, by which statute, after reciting that the laws then in being in this realm were not sufficient for punishing that detestable vice, it is enacted that such crimes for the future, whether committed with mankind or beasts, should be punished as felonies without benefit of clergy.
But with the exception of these capital felonies, the president and council were authorized to hear and determine all crimes and misdemeanors, and all civil cases, without the intervention of a jury. These judicial proceedings were to be summary and verbal, and the judgment only was to be briefly registered in a book kept for the purpose.
The act may be one of omission or of commission. Every person who commits a crime may be punished, unless he is under the age of seven years, is insane, or has been made to commit it under compulsion. Crimes are divided into misdemeanours and felonies.
I, too, serve the State, and I comprehend what I owe it, and the dignity with which it intrusts me, and the deep responsibility it lays on me. I therefore cannot assent to future felonies any more than I have to past and present, but must stop them, and will stop them how I can. "So, sir, I offer you the post of honor or a place of shame. Choose! for three whole days you have the choice.
Treasons and some felonies are, indeed, capital: but, in the mercy of modern times, the great majority of felonies, and all misdemeanours, are visited, some with various terms of transportation or imprisonment, which, in most cases, may be with or without hard labour, at the discretion of the court.
ART. IX. The United States, in Congress assembled, shall have the sole and exclusive right and power of determining on peace and war, except in the cases mentioned in the sixth Article; of sending and receiving ambassadors; entering into treaties and alliances, provided that no treaty of commerce shall be made, whereby the legislative power of the respective States shall be restrained from imposing such imposts and duties on foreigners as their own people are subjected to, or from prohibiting the exportation or importation of any species of goods or commodities whatever; of establishing rules for deciding, in all cases, what captures on land and water shall be legal, and in what manner prizes taken by land or naval forces in the service of the United States shall be divided or appropriated; of granting letters of marque and reprisal in times of peace; appointing courts for the trial of piracies and felonies committed on the high seas; and establishing courts for receiving and determining finally appeals in all cases of captures; provided that no member of Congress shall be appointed a judge of any of the said courts.
Their swords were their sceptres; their codes of right, the Brehon traditions, a convenient system, which was called law, but which in practice was a happy contrivance for the composition of felonies. These chiefs, with their dependent clans, were distributed over the four provinces in the following order. The Geraldines, the most powerful of the remaining Normans, were divided into two branches.
Article IX. Congress shall have the sole and exclusive right and power of determining on peace and war, except in the cases mentioned in the sixth article; of sending and receiving ambassadors; entering into alliances, except, etc.; of establishing rules for deciding what captures on land and water shall be legal; of granting letters of marque and reprisal in time of peace; appointing courts for the trial of piracies and felonies on the high seas; for deciding controversies between the States and between individuals claiming lands under two or more States whose jurisdiction has been adjusted; of regulating the alloy and value of coin struck by their authority and of foreign coin; fixing the standard of weights and measures; regulating the trade with the Indians; establishing and regulating post offices from one State to another and throughout all the States, and exacting such postage as may be requisite to defray the expenses of the office; of appointing all officers of the land forces except the regimental; appointing all the officers of the naval forces; to ascertain the necessary sums of money to be raised for the service of the United States and appropriate the same; to borrow money and emit bills of credit; to build and equip a Navy; to agree on the number of land forces and to make requisitions on each State for its quota; that the assent of nine States shall be requisite to these great acts.
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