Court : US Supreme Court
..... court of claims shall not extend to or include any claim against the united states growing out of . . the appropriation of property by the army or navy . . engaged in the suppression of the rebellion." by the act of congress of 1855, [ footnote 1 ] constituting the said court, jurisdiction is given to it to hear and determine all claims against the ..... conferred by that provision. by the act of july 4, 1864, it is provided that the jurisdiction of the court of claims shall not extend to or include page 80 u. s. 631 any claim against the united states growing out of the destruction or appropriation of, or damage to, property by the army or navy, or any part of ..... part of the army or navy, engaged in the suppression of the rebellion." viewed in that light, the case is free of all difficulty, as the jurisdiction of the court, by the express words of the act of congress, extends to claims founded upon an implied contract as well as upon that which is express. certain other acts of congress have .....
Tag this Judgment!Court : US Supreme Court
..... footnote 10 ] that of 1862, [ footnote 11 ] and that of 1864. [ footnote 12 ] it is necessary in this case to consider only one clause of the 10th section of the act last mentioned, which is as follows: "the net proceeds of all property condemned as prize, when the prize was of superior or equal force to the vessel or vessels ..... , 1865, the insurgent troops evacuated the neighboring forts and abandoned the city. this became known the next morning. the fleet thereupon approached the city by water and the army by land. the gladiolus, a steam propeller of the navy, was one of the leading vessels. when she was off the battery at charleston, a boy from the ..... pinckney. at 10, a military officer reached charleston and the city surrendered itself and the rebel stores, arms, and property there to him. contemporaneously with these transactions the army approached the city and the fleet moved towards its wharves. as the latter came near page 80 u. s. 390 to land, a boy on shore gave information that .....
Tag this Judgment!Court : US Supreme Court
..... by the petition in respect to the leasing of the plantation, under the amendment to the captured and abandoned property act made by the second and third sections of the act of july 2, 1864. these sections provide for leasing abandoned lands by the agents of the treasury department and the payment of the net amounts of rents ..... of the destruction or appropriation of or damage to property by the army or navy engaged in the suppression of the rebellion from the commencement to the close thereof." an act of july 2, 1864, * amendatory of the abandoned and captured property act (an act which provides for taking possession and selling of captured and abandoned property ..... or damage to property by the army or navy engaged in the suppression of the rebellion." the second, because presenting the leasing of the property not otherwise than as an incident to the unlawful appropriation and spoliation of the plantation, and therefore not within the second and third sections of the act of july 2, 1864, which .....
Tag this Judgment!Court : US Supreme Court
..... cincinnati, sold, and the proceeds paid into the treasury. the claimant was proved to have given no active aid to the rebellion except that on the approach of the union army she fled south with thirty or forty of her slaves to avoid emancipation. this was in september, page 80 u. s. 155 1863. judgment was rendered against her ..... be brought within "two years after the suppression of the rebellion." the proclamation of the 25th of december granted pardon unconditionally and without reservation. this was a public act of which all courts of the united states are bound to take notice and to which all courts are bound to give effect. the claim of the petitioner was ..... on the 4th of april, 1870, and an appeal taken to this court. the chief justice delivered the opinion of the court. the "abandoned and captured property act" provides for the restoration of the proceeds of property on proof that the claimant has never given any aid or comfort to the present rebellion. the court of claims seem .....
Tag this Judgment!Court : US Supreme Court
..... unaffected in the possession of the proprietors. it is thus seen that, except to property used in actual hostilities, as mentioned in the first section of the act of march 12th, 1863, no titles were divested in the insurgent states unless in pursuance of a judgment rendered after due legal proceedings. the government recognized to ..... reservation, to all who had participated in the rebellion, with restoration of rights of property as before. no oath was required. it is true that the section of the act of congress which purported to authorize the proclamation of pardon and amnesty by the president was repealed on the 21st of january, 1867, but this was after ..... was made the duty of the president to cause the same 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 .....
Tag this Judgment!Court : US Supreme Court
..... of a court without jurisdiction. if it errs in deciding the question of jurisdiction, the error must be corrected in the mode prescribed by the 25th section of the judiciary act, not by denial of the right to make inquiry. i have still less doubt, if possible, that a writ of habeas corpus may issue from ..... constitute military offenses, and prescribe their punishment. no interference with the execution of this power of the national government in the formation, organization, and government of its armies by any state officials could be permitted without greatly impairing the efficiency, if it did not utterly destroy, this branch of the public service. probably in every county ..... within the line of its duties, and its control over the subject is plenary and exclusive. it can determine, without question from any state authority, how the armies shall be raised, whether by voluntary enlistment or forced draft, the age at which the soldier shall be received, and the period for which he shall be taken .....
Tag this Judgment!Court : US Supreme Court
..... and took a deed thereof from the trustee, saunders, cancelled the bond ($13,000), and gave his notes for the balance of the $17,000 purchase money. while the rebel army was in possession of the estate, a certain drake, one of its officers, burned two mills and a valuable wharf and greatly injured the houses and orchards. this destruction occurred ..... between page 81 u. s. 306 1861 and 1865, during the existence of the civil war, but the evidence wholly fails to show that the injury was caused by any act of the defendant's. it was done by the confederate military forces in waller's absence, and, so far as it appears, without his knowledge. it is further insisted ..... been in foreclosure shall have been brought back to the mortgagor. 5. a decree ordering the payment in coin of a debt contracted before the passage of the legal tender acts reversed on the authority of the legal tender cases, 12 wall. 457. on the 2d april, 1853, waller, of virginia, made an agreement in writing with one bigler, of .....
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..... the cotton, upon his death, came into the possession of the claimant as administratrix, and was in her possession at the time it was captured by the army of the united states. she offered evidence to establish her own loyalty, and that she never gave aid or comfort to the rebellion, which seems to have ..... money which may have been paid, together with the expense of transportation and sale of said property, and any other lawful expenses attending the disposition thereof." under this act, mrs. lucy carroll, administratrix of her husband, george carroll, presented a claim for the proceeds in the treasury of certain cotton. the husband, as appeared from ..... having been taken after the decedent's death and from the administrator, and not from him. the owner, within the sense of the statute, was the administratrix. the act of march 12, 1863, "to provide for the collection of abandoned property in insurrectionary districts within the united states," enacts that: "any person claiming to have been .....
Tag this Judgment!Court : US Supreme Court
..... prior date, "to provide for the collection of abandoned property and for the prevention of frauds in insurrectionary districts within the united states," enacted in its 8th section that it should be lawful for the secretary of the treasury "to authorize agents to purchase for the united states any products of states declared in insurrection . ..... who held the cotton, so advised the plaintiff." the plaintiff asked the court to charge: "if the cotton described in the petition was not captured by the army of the united states, nor surrendered to them, was not abandoned property, nor was ever property of the confederate states, but was produced on plantations of ..... treasury department, and that the cotton, being virtually in the custody of the united states, was not liable to sequestration, and that all his, flanders', acts in reference to it were official, and not private; that accordingly the court had no jurisdiction over the matters complained of, but that such jurisdiction was exclusively .....
Tag this Judgment!Court : US Supreme Court
..... an exchange of lands with the indians residing in any of the states or territories and for their removal west of the mississippi river." the first and second sections of the act authorized the president of the united states to exchange certain lands west of the mississippi river with any tribe or nation of indians residing within the limits of ..... the treaty of july 19, 1866 -- $2500." the twenty-eighth article of the treaty read thus: "the united states hereby agree to pay for provisions and clothing furnished the army, under ap-pothe-le-ha-la-le, in the winter of 1861-62, not to exceed the sum of $10,000 on the account page 84 u. s. 218 ..... states troops, not exceeding in the aggregate $20,000, to be ascertained by the secretary of the interior." the indian appropriation act of congress, just mentioned, contains appropriations [ footnote 14 ] "for provisions and clothing furnished the army under ap-pothe-le-ha-la-le in the winter of 1861-62, per twenty-eighth article of the treaty of july 19 .....
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