(Download) "United States v. Padelford" by United States Supreme Court " eBook PDF Kindle ePub Free
eBook details
- Title: United States v. Padelford
- Author : United States Supreme Court
- Release Date : January 01, 1869
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 62 KB
Description
Mr. J. S. Hale, special counsel of the United States: 1. The Abandoned and Captured Property Act provides that the claimant shall prove 'that he has never given any aid or comfort to the rebellion.' And the subsequent act, that he shall 'prove affirmatively' that he 'did during said rebellion consistently adhere to the United States, and did give no aid or comfort to persons engaged in said rebellion.' The findings of the court come short of these requirements. In each case the words of the statute are carefully chosen, and this prescribed form of words cannot be supplied by the general averment that the claimant did 'consistently adhere to the United States.'2. The facts found by the court, in regard to the inducements to the claimant for making the contribution of $5000 to the Confederate loan, do not excuse the complainant from the consequences of his act. The findings of the court only amounts, in substance, to the fact that there was popular enthusiasm and popular clamor in behalf of the subscription to this loan. This is not the force, coercion, or putting in fear which the law recognizes as an excuse for the commission of an offence, or for the performance of a forbidden act. Such an act can only be excused on the ground of fear, proceeding from an immediate and actual danger threatening the very life of the party.5