Opinion of Charles O'conor, Esq'r, On the Treasury Agent System of Cotton Seizures in the South, Also Concurring Opinion of Wm. M. Evarts, Edwards Pierrepont, And James T. Brady, Esq'rs

Cover Opinion of Charles O'conor, Esq'r, On the Treasury Agent System of Cotton Seizures in the South, Also Concurring Opinion of Wm. M. Evarts, Edwards Pierrepont, And James T. Brady, Esq'rs
Opinion of Charles O'conor, Esq'r, On the Treasury Agent System of Cotton Seizures in the South, Also Concurring Opinion of Wm. M. Evarts, Edwards Pierrepont, And James T. Brady, Esq'rs
O'conor, Charles, 1804-1884
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Section 4 of the first act is one of these. (12 Statutes at large, p. 820 ;) yet, here we observe the same ab- sence of any expressed limitation as to time. If such a limita- tion must be implied in one part of the act, surely it may be implied in another part.
The moment we look upon its institution as a war measure, to be pursued only during the prevalence of hostilities, the system loses all its odiousness, and the acts establishing it are relieved from any and every just objection.
Independ
...ently of these general proofs of an intent that these agencies were merely temporary expedients to be em- ployed only during the emergency which induced a resort to them, there are several pointed indications to the same effect, which are fully equivalent to the most direct-and unequivocal expression : First. The very definition given as a guide to the agents in ascertaining what is " abandoned property," is itself conclu- sive. It is that property shall be regarded as abandoned when the owner is voluntarily absent therefrom, " and engaged in aiding or encouraging the rebellion." How can this category Digitized by Google 14 exist after " the suppression of the rebellion," or when there is no rebellion ?

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