Penhallow v. Doane's Administrators’s Empirical Analysis

Citation profile

23 federal appellate · 6 district · 14 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 70 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “But it was said that New Hampshire had a right to revoke any authority she may have consented to give to Congress, and that by her acts of assembly she did in fact revoke it, if it were ever given. To this a very satisfactory answer was made: if she had such a right, there was but one way of exercising it, that is, by withdrawing herself from the confederacy; while she continued a member, and had representative in Congress, she was certainly bound by the acts of Congress. I am therefore of opinion that those acts of New Hampshire, which restrain the jurisdiction of Congress, being contrary to the legitimate powers of Congress, can have no binding force, and that under the authority of Congress an appeal well lay from the Courts of Admiralty of that State, to the Court of Commissioners of Appeals. That Court has already affirmed their jurisdiction in this particular case, upon a plea put in against it; and upon that account, also, I incline to think that this court, not being a court of superior authority, ought not to call it in question. Under these impressions, I must, of course, decree (whatever may be the hardship of the case) that the Respondents, pay to the Libellants, their damages and costs, occasioned by not complying with the decree of the Court of Appeals, the quantum of which to be ascertained by Commissioners.”

   1 later decision quote this exact passage · from the majority
   e.g. Penhallow v. Doane's Administrators

2. “Resolved, That the General Assembly of the State of Pennsylvania, be requested to appoint a committee, to confer with a committee of Congress, on the subject of the proceedings relative to the sloop Active, and the objections made to the execution of the decree of the committee on appeals, to the end that proper measures may be adopted for removing the said obstacles; and that a committee of three be appointed to hold the said conference, with the committee of the General Assembly of Pennsylvania: "The members chosen, Mr. Paca, Mr. Burke, and Mr. R.H. Lee.”

   1 later decision quote this exact passage · from the majority
   e.g. Penhallow v. Doane's Administrators

3. “Resolved, That Congress, or such person or persons as they appoint, to hear and determine appeals from the courts of Admiralty, have necessarily the power to examine as well into decisions on facts as decisions on the law, and to decree finally thereon, and that no finding of a jury in any court of Admiralty, or court for determining the legality of captures on the high seas, can or ought to destroy the right of appeal, and the re-examination of the facts reserved to Congress:”

   1 later decision quote this exact passage · from the majority
   e.g. Penhallow v. Doane's Administrators