Bigelow v. Forrest
Citation | 76 U.S. 339,9 Wall. 339,19 L.Ed. 696 |
Parties | BIGELOW v. FORREST |
Decision Date | 01 December 1869 |
Court | United States Supreme Court |
ERROR to the Supreme Court of Appeals of Virginia, the case being this:
Congress, by an act commonly called the Confiscation Act, passed July 17th, 1862,1 during the late rebellion, 'to suppress insurrection, to punish treason and rebellion, to seize and confiscate the property of rebels, and for other purposes,' after enacting that treason should be punished with death, provides:
This 5th section proceeded to name six classes of persons whose property should be liable to seizure, and first among them:
'Any person hereafter acting as an officer of the army or navy of the rebels in arms against the government of the United States.'
And the last clause of it enacts that
'It shall be a sufficient bar to any suit brought by such person for the possession or use of such property, . . . to allege and prove that he is one of the persons described in this section.'
The act proceeds:
property, and become the property of the United States, and may be disposed of as the court shall decree, and the proceeds thereof paid into the treasury of the United States for the purposes aforesaid.
By the latter clause of a 'joint resolution explanatory'2 of this act, passed on the same day with it, it was resolved by Congress that no punishment or proceedings under the act should be 'so construed as to work a forfeiture of the real estate of the offender beyond his natural life.'
It was a part of the history of this legislation of July 17th 1862, that the then President, Mr. Lincoln, immediately after the passage of the act by both houses of Congress, had prepared the draft of a message objecting to provisions that might result 'in the divesting of title forever,' and suggesting or showing that the bill, as Congress had passed it, was in conflict with that clause of the Constitution, which ordains that 'no attainder of treason shall work corruption of blood or forfeiture, except during the life of the person attainted;'3 that before his message was presented to Congress, the joint resolution, above quoted, was passed to remove his objections; and that the President, in a message of July 17th, 1862, mentioned, that before he was informed of the resolution, he had prepared the draft of a message, stating objections to the bill becoming a law; a copy of which draft he submitted; and also mentioned that, considering that act of Congress, and the joint resolution explanatory thereof, as substantially one, he approved and signed both.
Under this act, above quoted, as appeared by a case agreed on and stated, in the nature of a special verdict, the District Attorney of the United States for the Eastern District of Virginia, in September, 1863, caused a tract of land in the eastern part of Virginia, of which a certain French Forrest (a person acting as an officer of the navy of the socalled Confederate States, from July 1st, 1862, to April, 1865, and thus one of the persons described in the 5th section of the above quoted act), was seized and possessed in fee, to be seized. A libel was afterwards, on the 9th November in the same year, filed on behalf of the United States, in accordance with the act, in the District Court of the district just named, 'against all the right, title, and interest, and estate of the said French Forrest, in and to the said tract of land.' The said libel proceeded to judgment in accordance with the act, and on the 9th of November, 1863, an order of condemnation was made by the court, by which it was decreed that the clerk should issue a venditioni exponas to the marshal, and that the property described in the libel be sold by the marshal of the district, for cash, to the highest bidder, and that he execute a deed to the purchaser for the same.
In pursuance of the decree the land was publicly sold, and knocked off on the 10th July, 1864, to one Buntley, to whom the marshal made a deed reciting the renditioni. Buntley's rights under the sale became afterwards vested in a certain Bigelow. Forrest died intestate November 24th, 1866, and his only child and heir-at-law, Douglass Forrest—whom the cases agreed on stated was 'one of the persons described in said section 5th, that is to say, who acted as an officer of the army and navy of the so-called Confederate States, from and after the passage of the said act till April, 1865.'—brought an action of ejectment, on the 1st of April following, in the Circuit Court of Fairfax County, one of the State courts of Virginia, against Bigelow, to recover the land, averring seizure in himself on the 1st of January, 1867.
The defendant having pleaded to issue, on the 8th day of November, 1867, filed his petition for the removal of the cause into the Circuit Court of the United States, under the provisions of the 5th section of the act of Congress of March 3d, 1863,4 entitled 'An act relating to habeas corpus, and regulating judicial proceedings in certain cases.'
This act thus provides:
Bigelow's petition for removal complied with the requisitions of this statute, respecting the form of procedure for removal.
The prayer of the petition was, however, denied, and, by agreement of the parties, the case already set forth, was stated in the nature of a special verdict, upon which the court gave judgment for the plaintiff. A petition was then presented to the District Court of Appeals praying for a writ of supersedeas to the judgment, and assigning as errors that the Circuit Court denied the motion to remove the cause into the Circuit Court of the United States upon the petition which had been filed for such removal, and also that the judgment was not warranted by the facts found in the agreement made in lieu of a special verdict, and that it was against the law and the evidence. The District Court of Appeals, however, being of opinion that no error had been committed in the cause by the Circuit Court of Fairfax County, refused the supersedeas. A petition was then presented by the defendant to the Supreme Court of Appeals of the State, complaining of the action of the District Court of Appeals, and praying for a writ of supersedeas to the judgment, assigning the same errors which he had assigned in his petition to the District Court. The application to the Supreme Court was unsuccessful. The supersedeas was denied, and thereupon the present writ of error was sued out. There were two questions, therefore, presented by the record:
1st. The question whether there was error in the refusal of the State Circuit Court to allow a removal of the cause into the Federal court; for if there was not, then obviously there was no ground for complaint that the Court of Appeals had refused a supersedeas to the judgment because such removal had not been allowed.
2d. The...
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