Removal (law)

“ Exceptional tribunals and extraordinary commissions are inadmissible. Article 8. Punishments can only be threatened or inflicted according to the law. Article 9. Property is inviolable. It can only be taken or curtailed from reasons of public weal and expediency, and in return for statutory compensation which, in urgent cases at least, shall be fixed beforehand. Article 10. Civil death and confiscation of property, as punishments, are not possible. Article 11. Freedom of emigration can only be limited by the State, with reference to military service. Migration fees may not be levied. ”

“ From the popular hatred and abhorrence of illegal confinement, torture and extortion of confessions of violations of the 'law of the land' evolved the fundamental idea that no man's life, liberty or property be forfeited as criminal punishment for violation of that law until there had been a charge fairly made and fairly tried in a public tribunal free of prejudice, passion, excitement and tyrannical power. ”

“ This power of removal is not to be found in express terms in any part of the constitution; if it be given, it is only given by implication, as a power necessary and proper to carry into effect some express power. The power of removal is certainly not, in strictness of language, an exercise of original jurisdiction; it presupposes an exercise of original jurisdiction to have attached elsewhere. ”

“ After declaring, in the first part of the opinion, his full conviction that the delivery of an alleged fugitive comes within “the express delegation of judicial power,” he uses, farther on, the following language: “It would seem,” says he, “that it only remains to inquire whether the act of 1850 authorizes or requires any thing more than a summary ministerial proceeding in aid of the right secured by the constitution, namely, the right of removal.” And he holds that it does not. ”

“ Where any person, through malice, either acting himself or through the agency of another, kills his own slave, he shall be deprived of the right to testify in court thereafter, as a mark of infamy; and, in order that such rashness may be prevented, he shall [223] be exiled as long as he lives, and be forced to do penance, and his property shall be given to those whom the law has designated as his nearest heirs. ”

“ That no person ought to be taken, imprisoned, or disseized of his freehold, or be exiled, or deprived of his privileges, franchises, life, liberty, or property, but by due process of law.
That no person ought to be put twice in jeopardy of life or limb, for one and the same offence ”

“ If that court was without jurisdiction, by reason of the paramount authority of the constitution and laws of the United States, to compel the plaintiff in error, in response to the writ of habeas corpus, to produce the prisoner, then his committal for contempt was the denial of a right, privilege, and immunity secured by the supreme law of the land. The claim by the plaintiff in error that there was such a denial constitutes the foundation of our jurisdiction. ”

“ The obvious construction of this clause is, that the power to prosecute, convict, and punish offenders against either of the repealed acts, remains as if the repealing act had never been passed. It does not create a power to punish, but preserves that which before existed. Now, it is well settled, that an offence against a temporary act cannot be punished after the expiration of the act, unless a particular provision be made by law for the purpose. ”

“ I concur in the judgment in these cases, but dissent from so much of the opinion as seems to assume that one condition of Federal jurisdiction, in the removal of a cause from a State court, under the first clause of sect. 2, act of 1875, is, that each party on one side of the controversy must be a citizen of a different State from that of which either of the parties on the other side is a citizen. ”

“ But where the courts are good, and presided over by well-trained judges, the penalties to be inflicted may be in a great measure left to them; and as there are to be good courts among our colonists, we need not determine beforehand the exact proportion of the penalty and the crime. Returning, then, to our legislator, let us indite a law about wounding, which shall run as follows:--He who wounds with intent to kill, and fails in his object, shall be tried as if he had succeeded. ”

“ In the cases which justify resistance, the principle upon which the citizen proceeds, is not that he has a legal or constitutional right to annul or repeal the offensive law,—which is the doctrine of the nullifiers,—but that he has a right, which he admits to be illegal and unconstitutional, but which he claims as a natural one, to make a violent opposition to its execution. ”

“ This disposition hath engaged numbers under these unhappy circumstances to attempt screening themselves from the rigour of the laws by sheltering in certain places, where by virtue of their own authority, or rather necessities, they set up a right of exemption and endeavour to establish a power of preserving those who live within certain limits from being prosecuted according to the usual course of the Law. ”

“ Whoever, by virtue of public position under a State government, deprives another of property, life, or liberty without due process of law, or denies or takes away the equal protection of the laws, violates the constitutional inhibition ”

“ The phrase 'For any act' was substituted in 1948 for the phrase 'for any arrest or imprisonment or other trespasses or wrongs.' Like the 'officer * * * or other person' provision, the language specifying the acts on which removal could be grounded had, with minor changes, persisted until 1948 in the civil rights removal statute since its original introduction in the 1866 Act. The language of the original Civil Rights Act-' arrest or imprisonment, trespasses, or wrongs'-is pre-eminently the language of enforcement. ”

“ Light is thrown upon this distinction between the deprivation of a right and its violation-deprivation being competent to the law-making and law-enforcing organs of a State-by comparison of the language of § 1979, establishing liability for the 'deprivation of any rights, privileges, or immunities secured by the Constitution * * *,' 17 Stat. ”

“ And if any one of the houses be unfortunate, and stained with impiety, and the owner leave no posterity, but dies unmarried, or married and childless, having suffered death as the penalty of murder or some other crime committed against the Gods or against his fellow-citizens, of which death is the penalty distinctly laid down in the law; or if any of the citizens be in perpetual exile, and also childless, that house shall first of all be purified and undergo expiation according to law ”

“ Nay, this court, in favour of liberty, hath a power, in all cases; they may, if they see proper, bail a man for crimes that are not ordinarily bailable by common law.
Fifthly, they have a right to hold plea of all the trespasses done vi & armis, though brought principally for a private reparation to the party; for this action favours of a criminal nature, and the king is entitled to a fine for the breach of the peace. ”

“ An Act for the Appointment of a Taxing Master for the High Court of Chancery in Ireland. The Chancery Taxing Master (Ireland) Act, 1845. 8 & 9 Vict c. 117. An Act to amend the Laws relating to the Removal of poor Persons born in Scotland, Ireland, the Islands of Man, Scilly, Jersey, or Guernsey, and chargeable in England. The Poor Removal Act, 1845. 8 & 9 Vict c. 118. An Act the title of which begins with the words " An Act to facilitate the Inclosure," and ends with the words "Powers in certain cases." ”

“ Thus, as assurance against ancient evils, our country, in order to preserve 'the blessings of liberty', wrote into its basic law the requirement, among others, that the forfeiture of the lives, liberties or property of people accused of crime can only follow if procedural safeguards of due process have been obeyed. ”

“ But it cannot be the intention of the Constitution to prevent, by this, a removal in any other way. Such a principle, if once admitted, would be attended with very inconvenient and mischievous consequences.
The gentleman further contends that every man has a property in his office, and ought not to be removed but for criminal conduct; he ought not to be removed for inability. I hope this doctrine will never be admitted in this country. A man, when in office, ought to have abilities to discharge the duties of it. If he is discovered to be unfit, he ought to be immediately removed ”

“ The law affords remedy by giving execution against the person, or the property, or both. The same power which can withdraw the remedy against the person, can withdraw that against the property, or that against both, and thus effectually defeat the obligation. The constitution, we are told, deals not with form, but with substance; and cannot be presumed, if it designed to protect the obligation of contracts from State legislation, to have left it thus obviously exposed to destruction. ”

“ The court did not stop to inquire whether there had been a compliance with the removal provisions, holding that under those circumstances it did not lie in the mouth of the receiver to deny the jurisdiction he had sought. And see Toledo, St. L. & W.R. Co. v. ”

“ This right of removal is statutory. Before a party can avail himself of it, he must show upon the record that his is a case which comes within the provisions of the statute. His petition for removal, when filed, becomes a part of the record in the cause. ”

“ But it is advisable for persons so situated, on their intended removal, to make application to Government for a special pass, rather than to trust valuable property to the effect of a mere intention to remove, dubious as that intention may frequently appear, under the circumstances that prevent that act from being carried into execution. ”

“ Coming in the light of these principles to apply the statute, it is not open to question that its provisions expressly or by necessary implication prohibited the surrender of a person in one state for removal as a fugitive to another where it clearly appears that the person was not and could not have been a fugitive from the justice of the demanding state. ”

“ That the power of removal is constitutionally vested in the President of the United States, is a principle which has been not more distinctly declared by judicial authority and judicial commentators, than it has been uniformly practiced upon by the Legislative and Executive Departments of the Government. ”

“ The hardship of removal, however, has grown with the growth of the United States, and there is a natural desire to prevent it when possible, if a preliminary sifting will show that there is no probable cause for the charge. ”

“ No one may enter another's land and tenements by strong hand nor with a mob, upon pain of imprisonment and ransom at the King's will.
Charters, releases, obligations, quitclaim deeds and other deeds burnt or destroyed in uprisings shall be reissued without fee, after trial by the king and his council. Manumissions, obligations, releases and other bonds and feoffments in land made by force, coercion or duress during mob uprisings are void.
Men who rape and women consenting after a rape shall lose their inheritance and dower and joint feoffments. ”

“ Contributing nothing to 'the reparation of injury, the re-establishment of right, and the restoration of order,' such action on the part of government would of itself be an injury to the citizen, a palpable denial of his common and constitutional right, and the sure promoter of disorder and discontent. ”

“ Accordingly, punishment by death or imprisonment is at once put aside by the proclamation in the case of all who shall submit themselves to the government, and who are not murderers; and whilst confiscation of proprietary rights in the land is declared to be the general penalty, the means of obtaining more or less of exemption from it, and of establishing a claim to restitution of rights, have been pointed out, and are within the reach of all without injury to their honour. ”

“ The judicial power-whether State or Federal-can examine and condemn, as unconstitutional and utterly void, every legislative act and every executive decree which, by its terms, purport, or intent, would debar the prisoner from a discharge to which, in the judgment of the judiciary, he is entitled by the Constitution. ”

“ And the right of removal was given only to the defendant in a suit commenced in a state court against an alien, or by a citizen of the state in which the suit was brought against a citizen of another state; and, under certain circumstances, to the party in an action in which the title to land was concerned who relied upon a grant from a state other than that in which the action was pending. 1 Stat. 78, 79, c. 20. ”

“ They are through out punitive and highly penal; they punish with death or with imprisonment almost as bad as death, the crime of treason; they create a new crime, that of rebellion, and punish it with imprisonment or fine, or with both, at the discretion of the court, and, to all these penalties superadd those of confiscation and of civil disability, heretofore unknown to our penal code. No one can doubt, that this is a penal statute designed to punish treason and rebellion. ”

“ It is essential to the idea of a law, that it be attended with a sanction; or, in other words, a penalty or punishment for disobedience. If there be no penalty annexed to disobedience, the resolutions or commands which pretend to be laws will, in fact, amount to nothing more than advice or recommendation. This penalty, whatever it may be, can only be inflicted in two ways: by the agency of the Courts and Ministers of Justice, or by military force; by the coercion of the magistracy, or by the coercion of arms. The first kind can evidently apply only to men: ”