They are indispensable to the harmony and proper efficacy of the system. Such is the law. We think the exception to this instruction was well taken.* 2. The other instruction to be considered was, substantially, that if the plaintiff had himself been a traitor he could not recover against those who had been instrumental in his arrest, imprisonment, and trial for treason against the Confederacy- the treason alleged to consist in the aid which he had given to the troops of the United States while engaged in suppressing the rebellion. As matter of law, we do not see any connection between the two elements of this proposition. Giving aid to the troops of the United States, by whomsoever given, and whatever the cirsumstances, was a lawful and meritorious act. If the plaintiff had before co-operated with the rebels there was a locus penitentiæ, which, whenever he chose to do so, he had a right to occupy. His past or subsequent complicity with those engaged in the rebellion might affect his character, but could not take away his legal rights. It certainly could not, as matter of law, give impunity to those by whose instrumentality he was seized, imprisoned, and tried upon a capital charge for serving his country. Such a justification would be a strange anomaly. Evidence of treasonable acts on his part against the United States was alien to the issue before the jury. To admit it was to put the plaintiff on trial as well as the defendants. The proofs upon the question thus raised might be more voluminous than those upon the issue made by the pleadings. The trial might be indefinitely prolonged. The minds of the jury could hardly fail to be darkened and confused as to the real character of the case and the duty they were called upon to discharge. The guilt of the plaintiff, if established, could in no wise affect the legal liability of the defendants; nor could the fact be received in mitigation of damages. It is well settled, that proof of the bad character of the plaintiff is inadmissible for any purpose in actions for malicious prosecution.† All the evidence upon this subject disclosed in the bill of exceptions was incompetent, and should have been excluded from going to the jury. This instruction also was erroneous. Judgment reversed, and the cause remanded to the court below, with an order to issue a venire de novo. BIGELOW v. FORREST, 9 Wallace, 339. In this case the court decide that the confiscation act of 17th July, 1862, is to be construed in connection with the joint explanatory resolution of the same date (12 Stat. at Large, 627), and that upon a decree of condemation under this act, all that could be sold was a life estate of the criminal. The learned reader is referred also to the following cases :— McKee v. U. S., 8 Wallace, 168. The Ouachita Cotton Case, 6 ib. 521. * Aylwin v. Ulmer, 12 Massachusetts, 22; New York Fire Insurance Company v. Walden, 12 Johnson, 513; Utica Insurance Company v. Badger, 3 Wendell, 102; Tufts v. Seabury, 11 Pickering, 140; Morton v. Fairbanks, Ib. 368; Fisher v. Duncan, 1 Hening and Munford, 562; Schuchardt v. Allens, 1 Wallace, 359. † 1 Greenleaf's Evidence, § 55. INDEX. ABANDONED PROPERTY. claim to, by a rebel who has taken the oath of amnesty, &c., (S. O. 535.). statutes relating to. See Index, "Capture." 382, 383 see act March 3, 1863, and July 2, 1864, relating to. land in rebel States set apart for freedmen, 474 see act March 3, 1865, ch. 90, sec. 4, relating to. letter to G. W. Julian, relating to, 460 act July 16, 1866, ch. 200, freedman's bureau, relating to. See Index, "Freedman's Bureau." see "Military Government and Reconstruction,” note, 182 act June 27, 1868, relating to, see note, officers who have administered acts of Congress, relating to see act March 3, 1863, and 1868, ch. 267, referred to in note, ADAMS, JOHN QUINCY, AFRICAN DESCENT, PERSONS OF. 182 182 469 451 603 70, 71, 73, 77-81 may be rightfully called on for military service, 20 vice of the United States, see note to page 20, 478-494 laws equalizing their pay with that of white soldiers, see note 478-494 steps taken by Congress in relation to the abolition of slavery, 393-400 rights conferred on them by amendments of the Constitution, 427 see Index, “Constitution," note on Slavery," 393 611 AFRICAN DESCENT, PERSONS OF— continued. for rights of, see Index, "Civil Rights." when deemed captives of war, see Index, "Captives." history of their introduction into our military forces, excluded from the regular and volunteer army by law, prior to residing in this country owe allegiance to the United States, 334 334 are subject to the jurisdiction of military courts and to military 334 rights and liabilities, engaged in commerce, or those who come into the belligerent country — when they become enemies, who join in active hostilities against the United States who have voluntarily enlisted in the service of the United States, 332, 335, 352 their 338 338 their native country, 338 neutral, non-naturalized, who have exercised the franchise of cit- 339 neutral, domiciled in the loyal States, degree of protection ac- naturalized under the laws of the United States, declared subject to non-intercourse acts by proclamation and 343, 352 343 345, 347 347 neutral non-naturalized, having temporary domicile in rebel ALIENS-continued. having mercantile domicile in the rebel States, if prevented by the United States, or those acting under its au- travellers, or those making temporary sojourn here, neutral, whether domiciled here or not, not having exercised 346 345 345 349 349, 352 produce, 349, 350 opinions of Sir William Scott and of the Supreme Court of the 349 liable to military service if they have exercised the elective franchise, or other franchise of citizenship, 339 claim to indemnity if arrested, or imprisoned, 211, 355 arrested and imprisoned, having given reasonable cause for be- lief of their hostile purposes, 354, 355 how affected by treaties of commerce, 352, 354 giving reasonable cause to believe that they are aiding the arrested rightfully by martial law, cannot have their claims for damage adjudicated by civil tribunals, 211 arrested wrongfully, not always entitled to redress, until the 212 362 arrest of non-neutral aliens, claim of indemnity for (S. O. 357), 365 rent of property, in New Orleans, of a rebel enemy (S. O. 368 354, 374 serving in the rebel army not deprived of the benefit of the claims of, since the war; draft of a bill proposed for that purpose, 374 379 residing permanently in rebel districts, have no claim for prop- forced into rebel service, captured by the United States, wheth- of twenty-one years of age, who have served in our army, and see act July 27, 1868, ch. 276, disqualifying them from main- not to maintain, in any United States or State court, against certain, may prosecute claims against the United States, in the not residing in the United States owe no allegiance to our gov- 387 388 339 322 distinction between such aliens and citizens who are public AMENDMENTS. See Index, "Constitution." AMNESTY. property of rebels refusing amnesty should be confiscated; as bestowed by President Johnson, . see Ex parte Garland, when, on whom, and on what terms to be bestowed, is a ques- proposed by President Lincoln, 473 469 565 254 if refused by malignant enemies, their property should be con- |