Speech #510137782

This property was taken in that way. 1. The Supreme Court of the United States decided in 1864 that the military occupation of the city of New Orleans by the forces of the United States after the dispossession of the rebels from that immediate region in May. 1862. may be considered as having been substantially complete from the publication of General Butlers proclamation of the 6th (dated on the lst) of that month. and all the rights and obligations resulting from such occupation. or from the terms of the proclamation. existed from the date of that proclamation. 2. This proclamation. in announcing. as it did. that "all rights of property" would be held "inviolate. subject only to the laws of the United States." and that "all foreigners not naturalized. claimingallegiance to their respective governments. and not having made oath of allegiance to the government of the Confederate States." would be "f protected in their persons and property as heretofore under the laws of the United States." did but reiterate the rules established by the legislative and executive action of the National Government. and which may also be inferred from the policy of the war in respect to the portions of the States in insurrection occupied and controlled by the troops of the Union. It was the manifestation of a general purpose. which seeks the reestablishment of the national authority and the ultimate restoration of States and citizens to their national relations under better forms and firmer guaranties without any view of subjugation by conquest. 3. Substantial. complete. and permanent military occupation and control. as distinguished from one that is illusory. imperfect. and transitory. works the exception made in the act of July 13. 1861. which excepts from the rebellious condition those parts of rebellious States "from time to time occupied and controlled by forces of the United States engaged in the dispersion of the insurgents.I" and such military occupation draws afterit the full measure of protection to persons and property consistentwith a necessary subjection to military government. (The Venice. 2 Wallace. pages 258 and 259.) A military commander commanding the department in which the city of New Orleans was situate had not the right on the 17th of August. 1863. after the occupation of the city by General Butler. and after his proclamation of May 1. 1862. announcing that "all the rights of property of whatever kind will be held inviolate. subject only to the laws of the United States. " to seize private property as. booty of war. or. in face of the acts of Congress of 6th of August. 1861. and July 17. 186"2. make any order as commander confiscating it. (Planters Bank vs.