Legal Opinion

Union Insurance v. United States

Supreme Court of the United States

Decided March 25, 1868PublishedCited by 41 opinions

This was an appeal from the Circuit Court of the United States for the Eastern District of Louisiana; the case being thus: An act of Congress, of August 6th, 1861, passed during the late rebellion, and entitled “ An act to confiscate property used for insurrectionary purposes,” provides, in different sections, as follows: The first section provides that property used in aid of the rebellion, with consent of the owner, shall be the “lawful subject of prize and capture…

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This was an appeal from the Circuit Court of the United States for the Eastern District of Louisiana; the case being thus: An act of Congress, of August 6th, 1861, passed during the late rebellion, and entitled “ An act to confiscate property used for insurrectionary purposes,” provides, in different sections, as follows: The first section provides that property used in aid of the rebellion, with consent of the owner, shall be the “lawful subject of prize and capture wherever found,” and makes it the duty of the President to cause it “to be seized, confiscated, and condemned.” The second…

1Opinion of the Court

The CHIEF JUSTICE

delivered the opinion of the court.

The first questions in this cause relate to jurisdiction.

It was urged in argument, that the act of Congress does not authorize the proceedings instituted in the Circuit Court.

The answer to this proposition must be determined by the construction of the act.

It is sufficiently obvious that the general object of the enactment was to promote the suppression of rebellion by subjecting property employed in aid of it with the owner’s consent, to confiscation. It extended to all descriptions of property, real or personal, on land or on water. All…

2Cases cited1 opinion

  1. The SarahSupreme Court of the United States · 1823

3Cited by41 opinions

  1. People v. One 1941 Chevrolet CoupeCalifornia Supreme Court · 1951
  2. Felton v. SpiroCourt of Appeals for the Sixth Circuit · 1897
  3. United States v. One 1976 Mercedes Benz 280S, Serial No. 11602012072193Court of Appeals for the Seventh Circuit · 1980
  4. Four Hundred & Forty-Three Cans of Frozen Egg Product v. United StatesSupreme Court of the United States · 1912
  5. Comptroller of the Treasury v. Fairchild Industries, Inc.Court of Appeals of Maryland · 1985

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