Pelham v. Rose
Supreme Court of the United States
On certificate of division of opinion between the judges of the Circuit Court for tbe District of Indiana, the case being thus: An act of Congress, approved July 17th, 1862, entitled “ An act to seize and confiscate the property of rebels,” thus enacts: “Sec. 6. All the estate and property, moneys, stocks, and credits, of such person, shall be liable to seizure as aforesaid; and it shall be the duty of the President to seize and use them as aforesaid, or the proceeds…
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On certificate of division of opinion between the judges of the Circuit Court for tbe District of Indiana, the case being thus: An act of Congress, approved July 17th, 1862, entitled “ An act to seize and confiscate the property of rebels,” thus enacts: “Sec. 6. All the estate and property, moneys, stocks, and credits, of such person, shall be liable to seizure as aforesaid; and it shall be the duty of the President to seize and use them as aforesaid, or the proceeds thereof.” “ Sec. 7. That to secure the condemnation and sale of any such property, after the same shall have been seized, so…
1Opinion of the CourtJustice Field
The act of July 17th, 1862, * contemplates the seizure of the property, the forfeiture of which is sought by the proceedings taken under its provisions. It says so in express terms. In one section it makes it the duty of the President “to cause the seizure” of the estate and property, money, stocks, and credits of the persons designated therein. In another section it declares that the like property of persons engaged in armed rebellion against the United States, or in aiding or abetting the rebellion, “ shall be liable to seizure,” and imposes a similar duty upon the President to seize and…
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