Court : US Supreme Court
..... congress of 1864. in the case of the protector, [ footnote 10 ] the same rule was applied to the acts of congress of 1798 and 1803 fixing the time within which appeals shall be taken from the inferior federal tribunals to this court. the case before us was decided prior to the decision of this court in hanger v. abbott, with ..... city of new orleans and a small strip of adjacent territory lying along the mississippi river below that city was reclaimed from the dominion of the rebels by the military forces of the united states. even then, no court there, state or federal, was open to the plaintiffs. levy was there, but the other defendants were elsewhere in the ..... state whither the arms of the united states had not penetrated. but without pursuing the subject further, here was a period of more than a year to be deducted, according to the act of congress, from the time necessary under the state law to create a bar, and .....
Tag this Judgment!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important, therefore, to refer to this repealing act further than to say that it is impossible to believe, while the repealed provision was in full force, and the faith of the legislature page 80 u. s. 142 as well as the executive was engaged to the .....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
..... 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
..... 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 .....
Tag this Judgment!Court : US Supreme Court
..... prosecution for other offenses, in a statute having no other object than the protection of extradited offenders, is sufficient to deprive of all force the suggestion that the act of 1869, as a legislative act, gives to the treaty of 1842 the construction contended for by the accused." there are perhaps two or three other cases in which ..... the civilized portion of the world, by various publicists and writers on international law, and by specialists on that subject, as well as by the courts and judicial tribunals of different countries, but the precise questions arising under this treaty, as presented by the certificate of the judges in this case, have recently been very much discussed ..... he remains at all times, and everywhere, liable to be called to answer to the law for his violations thereof, provided he comes within the reach of its arm." and in addition to the proposition urged in the caldwell page 119 u. s. 426 case that a question of that character arising on the treaty is exclusively .....
Tag this Judgment!Court : US Supreme Court
..... and santa fe railway company were so in possession of said railroad, the plaintiff in error, the denver and rio grande railway company, by an armed force of several hundred men, acting as its agents and employees, and under its vice-president and assistant general manager, attacked with deadly weapons the agents and employees of said atchison, ..... in peaceable possession of a railroad from alamosa to pueblo, and while so in possession, the denver and rio grande railway company, by an armed force of several hundred men, acting as its agents and employer, and under its vice-president and assistant general manager, attacked with deadly weapons the agents and employer of the atchison ..... the lives of citizens in order to maintain rights for the vindication of which, if they existed, an appeal should have been made to the judicial tribunals of the country. that the defendant, within the meaning of the rule holding corporations responsible for the misconduct of their servants in the course of its .....
Tag this Judgment!