Opinion of Charles O'Conor, Esq'r, on the Treasury Agent System of Cotton Seizures in the South, Also Concurring Opinion of Wm. M. Evarts, Edwards Pierrepont, and James T. Brady, Esq'rs |
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Opinion of Charles O'Conor, Esq'r, on the Treasury Agent System of Cotton ... Charles O'Conor No preview available - 2017 |
Opinion of Charles O'Conor, Esq'r, on the Treasury Agent System of Cotton ... Charles O'Conor No preview available - 2017 |
Opinion of Charles O'Conor, Esq'r, on the Treasury Agent System of Cotton ... Charles O'Conor No preview available - 2017 |
Common terms and phrases
12 Statutes abandoned or captured abandoned property act of Congress applied authority belligerent powers belligerent rights blockade and contraband captured property cargo ceased cial civil confiscation act consequences constitution construction contemplate continuance contraband of war costs and damages cotton Court of Claims Crown declared deemed designed doctrine EDWARDS PIERREPONT enemy executive exercise existence expressly fact forfeiture hostilities insurgent territory insurrection intent judicial judiciary Kent's law of nations Lawrences Wheaton laws of war legislation legislature letters of marque limitations Maine Insurance neutral New-York non-intercourse act opinion owner person port practice precisely principle prize of war proceedings proceeds thereof public law purpose reason rebellion regarded as abandoned resort return of peace right of capture sanctioned seized side paging Statutes at large subject of capture suppression Supreme Court temporary termination tion Treasury Agent system Treasury Department Treasury-Agent acts ture United Wheaton on Captures whilst Woolsey on Int words employed
Popular passages
Page 18 - The third section of the act provided that " any person claiming to have been the owner of any such abandoned or captured property, may, at any time within two years after the suppression of the rebellion, prefer his claim to the proceeds thereof, in the Court of Claims...
Page 17 - Wisconsin, was adopted in connection with the provisions therein contained, that " the property of no person shall be taken for public use without just compensation," and in subjection to that provision in the Constitution of the United States, which declares that " no person shall be deprived of property without due process of law.
Page 10 - ... are at liberty to reject it; for that were to set the judicial power above that of the legislature, which would be subversive of all government. But where some collateral matter arises out of the general words, and happens to be unreasonable, there, the judges are in decency to conclude, that this consequence was not foreseen by the parliament, and therefore they are at liberty to expound the statute by equity, and only quoad hoc disregard it.
Page 30 - breaks the bands of society and government, or at least suspends their force and effect ; it produces in the nation two independent parties, who consider each other as enemies, and acknowledge no common judge. Those two parties, therefore, must necessarily be considered as constituting, at least for a time, two separate bodies, two distinct societies. Having no common superior to judge between them, they stand in precisely the same predicament as two nations who engage in a contest and have recourse...
Page 11 - ... whenever such intention can be discovered, it ought to be followed with reason and discretion, in the construction of the statute, although such construction seem contrary to the letter of the statute.
Page 32 - ... contraband trade is prohibited to neutrals, and consequently unlawful. This reasoning is not destitute of force ; but the fact is that the law of nations does not declare the trade to be unlawful. It only authorizes the seizure of the contraband articles by the belligerent powers, and this it does from necessity.
Page 11 - Such construction ought to be put upon a statute as may best answer the intention which the makers had in view.
Page 4 - But, lastly, the most universal and effectual way of discovering the true meaning of a law, when the words are dubious, is, by considering the reason and spirit of it; or the cause which moved the legislator to enact it. For, when this reason ceases, the law itself ought likewise to cease with it.
Page 33 - Nations, ascertaining what voyages or merchandise are contraband of war, as having the same extent and effect. It is agreed by every civilized State that if the subject of a neutral Power shall attempt to furnish either of the belligerent sovereigns with goods contraband of war, the others may rightfully seize and condemn them as prize. But we do not know of any rule established by the Law of Nations that the neutral shipper of goods contraband of war is an offender against his own sovereign, and...
Page 23 - That to insure the speedy termination of the present rebellion it shall be the duty of the President of the United States to cause the seizure of all the estate and property, money, stocks, credits, and effects of the persons hereinafter named in this section, and to apply and use the same and the proceeds thereof for the support of the Army of the United States; that is to say: First.