The Rights of Citizenship Brief in Re Hr Bills No 1478 6153 And the Petit

Cover 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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