Court : US Supreme Court
..... were not deposed. there was no armed resistance, but the city was bitterly disaffected, and was kept in order only by severe military discipline, and the rebel army was still organized and in the vicinity. [ footnote 2 ] the blockade in question, as already mentioned, was declared by proclamation of president lincoln in april, ..... the naval investment. there is a distinction between simple and public blockades which supports this conclusion. a simple blockade may be established by a naval officer, acting upon his own discretion or under direction of superiors, without governmental notification, while a public blockade is not only established in fact, but is notified, by ..... the british forces. the counsel for the captors insisted that though the settlement had become british, the penalty would not be defeated, as the intention and the act continued the same; that there was no case in which such a distinction had been allowed on the question of contraband. "the distinction," it was remarked, .....
Tag this Judgment!Court : US Supreme Court
..... the sole property of the captors, or in certain cases divided equally between the captors and the united states. by the twentieth section, all provisions of previous acts inconsistent with this act are repealed. this act excludes property on land from the category of prize for the benefit of captors, and seems to be decisive of the case ..... the military occupation by the union troops lasted rather less than eight weeks. its duration was measured by the time required for the advance and retreat of the army and navy. the parish of avoyelles was a part of the district thus temporarily occupied, and the plantation of mrs. alexander was in this parish and upon ..... district of country on red river came under the control of the national forces. this control, however, was of brief continuance. an unexpected reverse befell the expedition. the army under general banks was defeated, and was soon after entirely withdrawn from the red river country. the naval force, under admiral porter, page 69 u. s. 418 .....
Tag this Judgment!Court : US Supreme Court
..... vindication of them would be superfluous. the question raised as to the constitutional power of the page 69 u. s. 217 legislature of illinois to pass the private acts modifying the general course of proceedings in similar cases, was necessarily decided by the circuit court of the state, under whose order and supervision this sale was made. ..... to "common certainty," of the land, should be made at all. with this general statute in existence and force, the legislature of illinois passed, in 1821, a private act, reciting that beck and o'harra, administrators of aron crane, had, by petition to it, set forth that the said crane, late of missouri, had died intestate, not ..... , and although the same general subject is regulated by general statute much more full and provident in its nature. in making the order of sale under such private act, the court is presumed to have adjudged every question necessary to justify such order or decree, viz., the death of the owners; that the petitioners were his .....
Tag this Judgment!Court : US Supreme Court
..... and executive action of the national government in respect to the portions of the states in insurrection occupied and controlled by the troops of the union. the fifth section of the act of july 13, 1861, providing for the collection of duties and for other purposes, provided that under certain conditions, the president, by proclamation, might declare ..... by conquest. 3. substantial, complete, and permanent military occupation and control, as distinguished from one that is illusory, imperfect, and transitory, works the exception made in the act of july 13, 1861 ( 5), which excepts from the rebellious condition those parts of rebellious states "from time to time occupied and controlled by forces of the united ..... city was held in subjection, it was so held only by severe discipline, and both it and the region around it was largely hostile. the rebel army was hovering in the neighborhood. such were the facts. but to understand the arguments in the case, it is necessary to make mention of certain .....
Tag this Judgment!Court : US Supreme Court
..... be by the president of the united states. allegations of the libel, so far as the charge is concerned, are founded upon the provisions of the 5th section of the act of the thirteenth of july, 1861, which, under certain conditions, conferred authority upon the president to declare by proclamation that the inhabitants of a state or ..... and the citizens thereof and the rest of the united states should cease and be unlawful so long as such condition of hostility should continue. purpose of the section was in case of such insurrection not only to interdict commercial intercourse, but to enforce the prohibition by forfeiture. provision was accordingly made that all goods and ..... that when the case came here to be heard on appeal, the insurrection, in vigor when the libel was filed, had been in effect suppressed. the rebel armies had everywhere surrendered. the civil head of it was a prisoner of the united states in one of its fortresses, and the whole insurrectionary combination was scattered and .....
Tag this Judgment!Court : US Supreme Court
..... both, she was sent down the sound to capture or destroy them; "general beauregard," the log stated, or as captain rodgers testified, "the general commanding the rebel army in the military department of charleston and savannah" -- following with a select party in a wooden gunboat behind to witness her anticipated conquest. it was early in the morning ..... accomplishing his purpose. the point presented is whether, under these circumstances, the nahant is to be regarded as one of the capturing vessels within the meaning of the act of congress. the importance of the point is this: the weehawken was confessedly inferior in force to the atlanta, and if she is alone to be regarded in ..... the prize court has no power to award the percentage. the agent should apply to the proper officers of the government entrusted with the distribution of the money. an act of congress * of july 17, 1862, provides that prizes taken by the navy at sea, when of equal or superior force to the vessel or vessels making the .....
Tag this Judgment!Court : US Supreme Court
..... and verified by oath, obtain the judge's order of discharge in favor of any person so imprisoned, on the terms and conditions prescribed in the second section. this act made it the duty of the district attorney of the united states to attend examinations on petitions for discharge. by proclamation, [ footnote 3 ] dated the ..... such localities, to authorize trials for crimes against the security and safety of the national forces may be derived from its constitutional authority to raise and support armies and to declare war, if not from its constitutional authority to provide for governing the national forces. we have no apprehension that this power, under our ..... been and was again threatened with invasion by the enemy, the occasion was furnished to establish martial law. the conclusion does not follow from the premises. if armies were collected in indiana, they were to be employed in another locality, where the laws were obstructed and the national authority disputed. on her soil there was .....
Tag this Judgment!Court : US Supreme Court
..... occupied by settlers, and the possession afterwards confirmed by congress, and a military post established at the saut for their protection and encouragement in that remote section of the country. if these grantees, their descendants or assignees had fulfilled the conditions of the grant, introduced and established tenants upon the seigniory, and ..... new france, and monsieur bigot, intendant of the same, by instrument -- reciting that the chevalier de repentigny and captain de bonne, officers of the french army, entertaining the purpose of establishing a seigniory, had cast their eyes upon a place called the saut of st. marie; that settlements in that place would be ..... and where the relations to their ancient sovereign are dissolved. speaking of the cession of florida, he observed: "had florida changed its sovereign by an act containing no stipulation respecting the property of individuals, the right of property in all those who became subjects or citizens of the new government would have been .....
Tag this Judgment!Court : US Supreme Court
..... united states makes ample provision for the establishment of courts of justice to administer her law and to protect and enforce the rights of her citizens. article iii, section 1 of that instrument, says that "[t]he judicial power of the united states shall be vested in one supreme court, and such inferior courts as the ..... in the senate of the congress of that confederacy, and was a member of the senate at the time of the surrender of the confederate forces to the armies of the united states. in july, 1865, he received from the president of the united states a full pardon for all offences committed by his participation, direct ..... this last clause is promissory only, and requires no consideration. the questions presented for our determination arise from the other clauses. these all relate to past acts. some of these acts constituted, when they were committed, offences against the criminal laws of the country; others may or may not have been offences according to the circumstances under .....
Tag this Judgment!Court : US Supreme Court
..... established, divided the states named into five military districts, and made it the duty of the president to assign to each one an officer of the army, and to detail a sufficient military force to enable him to perform his duties and enforce his authority within his district. it made it the duty ..... congress is the legislative department of the government; the president is the executive department. neither can be restrained in its action by the judicial department, though the acts of both, when performed, are, in proper cases, subject to its cognizance. the impropriety of such interference will be clearly seen upon consideration of its possible ..... would have been heretofore addressed to it. occasions have not been wanting. the constitutionality of the act for the annexation of texas was vehemently denied. it made important and permanent changes in the relative importance of states and sections, and was by many supposed to be pregnant with disastrous results to large interests in particular .....
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