McVeigh v. United States

78 F.2d 259 (1870)

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McVeigh v. United States

United States Supreme Court
78 F.2d 259 (1870)

RW

Facts

During the Civil War, Virginia was one of the Confederate states that seceded from the United States. The United States government (plaintiff) considered those states and their citizens to be in a state of rebellion. McVeigh (defendant) was a Virginia resident and property owner. Pursuant to a federal statute making rebel-owned property subject to forfeiture and sale, the government published a notice announcing it would petition the District Court of the United States for the District of Virginia for a court order declaring McVeigh a rebel and condemning his property. McVeigh hired an attorney loyal to the United States government to appear in court on his behalf and to oppose the government's petition. The government moved the court to strike the attorney's motions on the grounds that, as a rebel citizen, McVeigh was not entitled to defend himself in a federal court. The district court struck the attorney's motions, declared McVeigh a rebel, and condemned McVeigh's property. McVeigh's attorney appealed to the Circuit Court of the United States for the District of Virginia, which affirmed the district court. McVeigh's attorney appealed to the United States Supreme Court.

Rule of Law

Issue

Holding and Reasoning (Swayne, J.)

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