The Constitutionality and Expediency of Confiscation Vindicated: Speech of Hon. Lyman Trumbull, of Illinois, on the Bill to Confiscate the Property and Free the Slaves of Rebels : Delivered in the Senate of the United States, April 7, 1862Printed at the Congressional Globe Office, 1862 - Всего страниц: 15 |
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Constitutionality and Expediency of Confiscation Vindicated (Classic Reprint) Lyman Trumbull Недоступно для просмотра - 2016 |
Constitutionality and Expediency of Confiscation Vindicated (Classic Reprint) Lyman Trumbull Недоступно для просмотра - 2018 |
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act of Congress aid and comfort arms arrested articles of war authority belligerent right bellion bill of attainder Charles Sumner clause colleague Commander-in-Chief common law condemn all property confiscate enemy property confiscate the property Consti constitutionality court say courts condemn CowAN crime domestic violence due process enacted enemy's ernment erty executing the laws exer exercise fifth amendment fiscation follows or abandons foreign gress judicial process law of nations laws of war legislation nor adjudication legislature liberty loyal citizens militia modern law modern usage objection obnoxious pass person petit jury power of confiscation power to declare President process of law property of rebels propose to touch prosecution punishment raise and support reach of judicial rebel property Republican party Senator from Pennsylvania slavery slaves of rebels sovereign follows speech stitution support armies Supreme Court tion touch the property traitors treason TRUMBULL unconstitutional Union United wicked rebellion
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Стр. 8 - to raise and support Armies" and "to provide and maintain a Navy.
Стр. 3 - States shall, under any pretense whatever, assume to decide on the validity of the claim of any person to the service or labor of any other person or surrender up any such person to the claimant on pain of being dismissed from the service.
Стр. 9 - TIley might, if they had deemed it most advisable to do so, have placed it in the power of a court to decide when the contingency had happened which required the Federal Government to interfere.
Стр. 9 - That war gives to the sovereign full right to take the persons and confiscate the property of the enemy wherever found, is conceded. The mitigations of this rigid rule, which the humane and wise policy of modern times has introduced into practice, will more or less affect the exercise of this right, but cannot impair the right itself. That remains undiminished, and when the sovereign authority shall choose to bring it into operation, the judicial department must give effect to its will. But until...
Стр. 7 - Many cases exist where the forfeiture for acts done attaches solely in rem, and there is no accompanying penalty in personam. Many cases exist where there is both a forfeiture in rem and a personal penalty. But in neither class of cases has it ever been decided that the prosecutions were dependent upon each other. But the practice has been, and so this Court...
Стр. 3 - That the several district courts of the United States are hereby invested with jurisdiction to prevent and restrain violations of this Act, and it shall be the duty of the several district attorneys of the United States, in their respective districts, under the direction of the Attorney General, to institute proceedings in equity to prevent and restrain such violations.
Стр. 9 - Under this article of the constitution it rests with congress to decide what government is the established one in a State. For as the United States guarantee to each State a republican government, congress -must necessarily decide what government is established in the State before it can determine whether it is republican or not.
Стр. 9 - So, too, as relates to the clause in the above-mentioned article of the constitution, providing for cases of domestic violence. It rested with congress, too, to determine upon the means proper to be adopted to fulfill this guarantee.
Стр. 9 - The fourth section of the fourth article of the constitution of the United States provides that the United States shall guarantee to every State in the Union a republican form of government...
Стр. 9 - The United States shall guaranty to every State in the Union, a republican form of government, and shall protect each of them against invasion ; and on application of the Legislature, or of the Executive, (when the Legislature cannot be convened,) against domestic violence.