Alexandria daily gazette, commercial & political. [volume] (Alexandria [Va.]) 1808-1812, 1811-12-18
nALElGH, (N. @ october q.

discussed and decided. Among those of the
greatest moment, were the following.
lst TIE United s; ,tes against .4{{en TsviSty.
This was a criminal prosecution in which it
was aIiedged that the defendant had on some
day anterior to the expiration Of the act which
Incorporated the Bank OF the United States,
forced note CT that bark. The counsel for
the defendant cook exception te the jurisdic-
ton OF Tue court, by way Of preliminary qnes-
ton and commended, that after the expiration
of a penal law, the court had no powerto pass
sentence on a criminal under that law, though
tle fact should be committed while the law
existed. This as a general proposition was
conceded by the court. 1t was then argued
for the defendant that the Charter of the Ma
tionaf Bank had expired by the express provl-
sions of the law /; and that had a penal clause
AGAINST forge.ies been inserted in that act, the
power Of furnishing under it would unqucs-
tionablv have ceased with the charter: And,
although the penalty was created by subse-
ouent act, it was contended that the two acts
were IN hari suateria. s should be construed IS
one act and that as in the latter there was no
provisioe for punishment after the expiration
of the charter, both acts ceased TO have effect
at the same time. 1t was also urged that up
on constitutional ground the defendant could
not be punished for that congress had no sub-
iect to act upon after tue expiration OF the
charter They had authority under the con-
stitution to make all laws which should be ne
cessary and proper for carrying the specified
powers into execution, but as the act oil moor
poration was temporary, when that ceased to
be, there was no power necessary to be carried
into execution-no lit subject continued on
which congress could legislate. And exam
pies were put by way of illustration.
But the court held that the primary object,
In the construction Of statutes, was, to ascer-
tain from the letter and spirit OF the acts, the
true meaning of the legislature And to do
SO, it was sometimes necessary TO consider
many statutes on the same subject as one
and sometimes to treat them as distinct acts.
The charter was hm;lcd in It's duration: II
therefore, congress had inserted the penalty
in tie act of incorporation 1t would very pro-
baby have occurred, that the reason tor pu-
nishing forgeries would not cease with the
charter; and that provision would have been
made in the temporary law tor the punishment
Of offences after its expiration But as this
provision was made by subsequent act not
limited in its duration the Legislature con-
sidered, no doubt, that it would have the CT
feet of all laws perpetual iii their form and
that had they intended this to cease with the
former they would so have expressed them
selves Upon the constitutional ground the
court were of opinion that the same reason
existed for passing sentence against an offend
err after the charter expired, as induced the
passing Of the penal act generally and that
therefore the legislature had the right OF ex-
tending the time Of punishment as they have
done. Many reasons were given to elucidate
this opinion, which are necessarily omitted,
2d. The IT, States Us. John Nickel and
ofheTs.--Tbis was an action Of debt brought
on q bond taken according 70 the provisions
OF the Embargo act IF the 9th January, 1909,
for relanding the cargo OF vessel In some
port of the u. States. The defendants had
taken several dispositions 10 prove the distress
OF the vessel at sea, aud an inevitable neces-
sity for running into foreign port FOL the pre-
servation Of the vessel and crew. To the IN
PRODUCTION of this evidence, the Attorney Tor
the U. States objected; because by the 9TH
section OF the above mentioned act, no excuse
can be offered to save the obligation OF the
bond, unless the ta&rc and crew OF the vessel
shall be Produced aa tie trial, and SgcoTn as
competent witnesses. This objection brought
on an argument of considerable length, as
well upon the construction CT the section al
ready mentioned, as upon that OF the prevlso
of the ID section of the non-interconrse act OF
the 18th June, 1899. The Court determined
the true meaning Ct the former act TO be, that
the witnesses therein described should be
produced personally IL Court 10 give evil
dence pigz p0ce and that the rroyiso in the
2d section OF the latter act extended to this
case and continued the mode Of evidence pre-
scribed in the former act. The plaintiffs
therefore obtained verdict, as they had done
IL Inc Court below and upon the same prin-
cip!eS. We regret that the great pressure
OF other important matters excludes the rea-
son;ng of the Bar and of the Court upon this
question.
Sd. TIE Y. States Us. TIE brig Diana. This
Was iiael for an alleged violation of the non
intercourse law. Ono point made BY the At
torrey for the U. States was, whether trade
with Great-Britain was renewed by the Pfesi-