Court : US Supreme Court
..... to be seized and applied, either specifically or in the proceeds thereof, to the support of the army. [ footnote 11 ] but it is to be observed that tribunals and proceedings were provided by which alone such property could be condemned, and without which it remained unaffected in the possession of the proprietors. it is thus seen that ..... property to be collected under it "shall not include any kind or description used or intended to be used for carrying on war against the united states, such as arms, ordnance, ships, steamboats and their furniture, forage, military supplies, or munitions of war." almost all the property of the people in the insurgent states was included ..... its exercise any class of offenders." [ footnote 18 ] it is not important, therefore, to refer to this repealing act further than to say that it is impossible to believe, while the repealed provision was in full force, and the faith of the legislature page 80 u. s. 142 as well as the executive was engaged to the .....
Tag this Judgment!Court : US Supreme Court
..... at the several warehouses in the town in which cotton was stored, so as to control them and prevent anything from being removed. at that time there were no armed hostilities at thomasville, and he was the first to take possession page 92 u. s. 189 of the town. he took no account of the contents of the ..... .s. 187 error to the circuit court of the united states for the district of massachusetts syllabus 1. the united states, in the enforcement of their constitutional rights against armed insurrection, have all the powers not only of a sovereign, but also of the most favored belligerent. as belligerent, they may by capture enforce their authority and, as ..... which is apparently the subject of capture. they act upon appearances, not upon testimony. they occupy on land the same position that naval forces do at sea. their duty is to seize and hold, leaving it to the owners to make good their claim, as against the capture, in the appropriate tribunal established for that purpose. it needs but a .....
Tag this Judgment!Court : US Supreme Court
..... any form or through any of their departments the lawfulness of the rebellious organization or the validity of any of its acts except so far as such acknowledgment may have arisen from conceding to its armed forces in the conduct of the war the standing and rights of those page 96 u. s. 189 engaged in lawful ..... on the footing of those engaged in lawful war, and exempted them from liability for acts of legitimate warfare. but it conferred no further immunity or any other rights. it in no respect condoned acts against the government not committed by armed force in the military service of the rebellious organization; it sanctioned no hostile legislation; it gave ..... would be a strange thing if the nation, after succeeding in suppressing the rebellion and reestablishing its authority over the insurrectionary district, should by any of its tribunals recognize as valid the attempt of the rebellious organization to confiscate a debt due to a loyal citizen as a penalty for his loyalty. such a thing .....
Tag this Judgment!Court : US Supreme Court
..... hostile power, either from without or within a nation, takes possession and holds absolute dominion over any portion of its territory, and the nation by force of arms expels or overthrows the enemy and suppresses hostilities, it acquires no new title, but merely regains the possession of what it had been temporarily deprived. ..... departments -- legislative, executive, and judicial; that they had raised and organized an army and created a navy, elected a congress, and published a legislative act declaring that war existed between the united states and the confederate states, and providing measures for its vigorous prosecution; that they were carrying on hostilities at ..... vessels captured recognized as prizes of war and dealt with accordingly, their property seized on land referred to the judicial tribunals for adjudication, their ports blockaded and the blockade maintained by a suitable force, and notified to neutral powers the same as in open and public war. mauran v. insurance company, 6 wall .....
Tag this Judgment!Court : US Supreme Court
..... court of the state of tennessee syllabus 1. the thirtieth section of the act of march 3, 1863, 12 stat. 731, entitled "an act for enrolling and calling out the national forces and for other purposes," did not make the jurisdiction of the military tribunals over the offenses therein designated, when committed by persons in the military service ..... , to be dealt with as required by law. so ordered. * the same exemption from the civil and criminal jurisdiction of the place is extended to an armed vessel of war entering the ports of a friendly country by permission of its government or seeking an asylum therein in distress. she is accorded the rights of extratorially ..... power to reorganize the local government as the means of enforcing the sovereignty of the conqueror; but the mere occupancy of the territory by his forces does not necessarily displace the local tribunals of justice, as the conqueror, if he sees fit, may suffer them to remain. courts of justice for the trial of criminal offenses .....
Tag this Judgment!Court : US Supreme Court
..... insurrection had recently been suppressed and was only kept from breaking out again by the presence of the armed forces of the united states, he was not called upon by any rule of law to answer to a civil tribunal for his military orders and satisfy it that they were authorized by his superiors, or by the ..... authority of the confederate government -- that is, into the enemy's country -- their officers and soldiers were not subject to its laws, nor amenable to its tribunals for their acts. they were subject only to their own government, and only by its laws, administered by its authority, could they be called to account. as was observed ..... but, to justify the taking without the consent of the owner, the necessity must be apparent, leaving no available alternative. four months before the marauding expedition, acting under the verbal and secret orders of the defendant, entered the plantation and dwelling house of the plaintiff during his temporary absence and seized the goods and chattels .....
Tag this Judgment!Court : US Supreme Court
..... he was engaged in performing his duties as a revenue officer, but that it was done under and by right of his office, and while he was resisted by an armed force in his attempts to discharge his official duty. this is more than a claim of right and authority under the law of the united states for the ..... is an offense against the peace and dignity of the state alone. hence it is inferred that its trial and punishment can be conducted only in state tribunals, and it is argued that the act of congress cannot mean what it says, but that it must intend only such prosecutions in state courts as are for offenses against the united states -- ..... is well known as a historical fact that no such removal of an indictment in that state was ever made. civil cases pending in the tribunals of other states were in several instances removed under that act into the circuit court and were there adjudicated to final judgment, but there is no authentic account that any state indictment for an offense against .....
Tag this Judgment!Court : US Supreme Court
..... he abandoned his home and entered the military lines of the enemy, he was, beyond question, in full sympathy and active cooperation with those who sought by armed force to overthrow the union. neither in his answer nor in his deposition does he intimate that he had any sympathy with the united states in its efforts to ..... profits of houses belonging to our enemies which are not vacant we hold in trust for them or the government, according to the future decision of the proper tribunals." he concluded his letter in these words: "we have nothing to do with confiscation. we only deal with possession, and therefore the necessity of a strict ..... chit.contr. (11th am. ed.) 1077. the last-named author says: "so the nonperformance of a contract will be excused where such nonperformance is occasioned by an act done by public authority." further citation of authorities would seem to be unnecessary. the reasons assigned in the adjudged cases and by elementary writers in support of the principles .....
Tag this Judgment!Court : US Supreme Court
..... , and the legislatures of the states which adopted it, never contemplated that the prohibition was to be enforced in any other way than through the judicial tribunals, as previous prohibitions upon the states had always been enforced. if congress could, as an appropriate means to enforce the prohibition, prescribe criminal prosecutions for ..... character, and, for that purpose, whether they possessed sound judgment and were free from legal exceptions. the law under which he acted had been in page 100 u. s. 360 force for many years, and had been always considered by the judicial authorities of virginia to be in conformity with its constitution, which ..... would be beset with dangers threatening their peace and safety; that disputes arising from conflicting interests and rivalries, always incident to neighboring nations, would lead to armed collisions, and expose them to reconquest by the mother country. to provide against the possibility of evils of this kind, the articles of confederation were .....
Tag this Judgment!Court : US Supreme Court
..... value of the property, and to be heard thereon. the legislature which determines the public purpose to be accomplished and designates the property to be taken, cannot act as such tribunal and fix the compensation, for that would be equivalent to allowing the legislature to take the property on its own terms. "the proceeding" to assess the ..... to interfere with and destroy the contract rights of the plaintiff is claimed, as already stated, under the power reserved to the state by its constitution, in force at the time, to alter or repeal the law pursuant to which the plaintiff was incorporated. such authority is also asserted from the public interest which the ..... subject it to the judgment of such authorities in a matter so vital to its interests. if the question were one of construction only, this argument might have force, but the dispute now is as to legislative power, not legislative action. the constitution of california, adopted in 1849, prohibited one legislature from bargaining away the .....
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