Pelham v. Way
Decision Date | 01 December 1872 |
Parties | PELHAM v. WAY |
Court | U.S. Supreme Court |
ERROR to the Circuit Court of the United States for the District of Indiana.
An act of Congress, approved July 17th, 1862, and entitled 'An act to suppress insurrection, to punish treason and rebellion, to seize and confiscate the property of rebels, and for other purposes,' among other things, provided, 'that if any person within any State or Territory of the United States other than those named as aforesaid after the passage of this act, being engaged in armed rebellion against the government of the United States, or aiding or abetting such rebellion, shall not, within sixty days after public warning and proclamation duly given and made by the President of the United States, cease to aid, countenance, and abet such rebellion, and return to his allegiance to the United States, all the estate, property, money, 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;' and further, 'that to secure the condemnation, and sale of any such property, proceedings in rem shall be instituted in the name of the United States,' in the District Court; and that the proceeding shall conform as nearly as may be to proceedings in admiralty and revenue cases; 'and if said property, whether real or personal, shall be found to have belonged to a person engaged in rebellion, or who has given aid or comfort thereto, the same shall be condemned as enemies' property.'
The President of the United States, by proclamation duly made on the 25th day of July, A.D. 1862, issued public warning to all persons contemplated by the said provision, and the sixty days therein specified expired on the 23d day of September, A.D. 1862.
This act had twice at least been the subject of construction in this court. It came up once in Pelham v. Rose,1 where this court took a distinction between the evidence of a credit and the credit itself; and held that when the debtor had given to his creditor a promissory note, and that note was in existence, and the thing proceeded against, it was necessary to the legal service of any monition that the marshal should seize and take it into his possession and control. The corollary was, that when the note, at the commencement of and during the pendence of proceedings to confiscate was beyond the jurisdiction of the marshal, there was no due service and no confiscation.
The same statute came up for consideration at a later date in Miller v. United States.2
In that case a libel had been filed under the act to confiscate railroad stocks belonging to a rebel, and the notice, instead of being served on the owner, was served on the officers of the railroad company.
The court held that the service was good. It said:
The court accordingly held that the confiscation and sale had made a valid transfer of the stock.
Under this already mentioned act of Congress, of July 17th, 1862, the United States, in 1863, filed a libel of information in the District Court for the District of Indiana, 'against the following described credits and effects of Henry Pelham, . . . that is to say, one promissory note dated March 1st, 1862, for the sum of $7000, and due four years after date, executed by Lewis Pelham to Henry Pelham.' Lewis Pelham was still in Indiana, and within the jurisdiction of the marshal; but Henry Pelham was in Kentucky, outside of the marshal's jurisdiction, and had the note with him there. The libel, after reciting the act...
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...the petitioner, not bonds or certificates evidencing such debts; the two are distinguishable. Pelham v. Rose, 9 Wall. 103, 106; Pelham v. Way, 15 Wall. 196, 202; Miller v. S. 11 Wall. 268; Brown v. Kennedy, 15 Wall. 591, 599; Murray v. Charleston, 6 Otto, 440; Green v. Van Buskirk, 7 Wall. ......
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Laura Wheeler v. William Sohmer
...cited in which this court has pronounced bills and notes to be only evidences of the simple contracts that they express (Pelham v. Way, 15 Wall. 196, 21 L. ed. 55; Wyman v. Halstead [Wyman v. United States] 109 U. S. 654, 656, 27 L. ed. 1068, 1069, 3 Sup. Ct. Rep. 417); and the precise issu......