The Rights of Citizenship Brief in Re Hr Bills No 1478 6153 And the Petit
The Rights of Citizenship Brief in Re Hr Bills No 1478 6153 And the Petit
A M Albert M Gibson
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New York, brought action against the same for damages. The inspectors set up as a defence the act of Congress of March 3, 1865, and averred that, believing the plaintiff to be a deserter, they, upon the proper challenge being made to his vote, admin- istered to him the oath prescribed in case of challenge, whereupon he refusing to answer all questions touching his being a de- serter his vote was rejected. The defence was demurred to by plaintiff on the ground that it did not constitute a defenc...e, and judgment of court was given. Justice Murray in his opinion says : "If it was the intention of Congress, by this act, without a trial, or the adjudication of any court, to deprive this class of persons of citizenship, it would come under that class of legislation designated as bills of attainder. " " Citizenship of the United States is an important right, and the privileges conferred by it are important privileges, dearly prized by the American people. An act that provides for a forfeiture thereof imposes a penalty, and comes within the provisions of the constitution in regard to bills of attainder.
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