they disregard the limits of all their own powers as prescribed by the Constitution, or the rights and powers reserved to the States and the people. A civil war, or any other, does not enlarge the powers of the Federal Government over the States or the people beyond what the compact has given to it in time of war. A state of war does not annul the tenth article of the amendment to the Constitution, which declares that ‘the powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.’ Nor does a civil war, or any other war, absolve the judicial department from the duty of maintaining with an even and firm hand the rights and powers of the Federal Government, and of the States, and of the citizens, as they are written in the Constitution, which every judge is sworn to support. Upon the whole the Court is of opinion that the regulations in question are illegal and void, and that the seizure of the goods of Carpenter, because he refused to comply with them, can not be sustained. The judgment of the District Court must, therefore, be reversed, and the goods delivered to the claimant, his agent, or proctor.The proclamation of the President required by the act was issued on August 16, 1861, declaring certain states and parts of states to be in insurrection, etc. Under it some licenses were issued to places in Kentucky and Missouri where the United States forces were located, without any fruitful results. Some strong military and naval expeditions were fitted out to invade us and occupy the ports where cotton and other valuable products were usually shipped. An advance was made up the Cumberland and Tennessee rivers and down the Mississippi, as has been stated elsewhere. The ports of Beaufort, North Carolina, Port Royal, South Carolina, and New Orleans, Louisiana, were declared by proclamation of the President of the United States to be open for trade under the new system. Licenses were granted to foreign vessels by United States consuls and to coasting vessels by the Treasury Department, and the blockade was relaxed so far as related to those ports except as to ‘persons, property, and information contraband of war.’ Collectors were appointed at the above-mentioned ports, and a circular was addressed to the foreign ministers at Washington announcing the reopening of communication with conquered Southern localities. Again, on March 3, 1863, an act was passed which authorized the Secretary of the Treasury to appoint special agents to receive and collect all abandoned or captured property in any state or portion of a state designated as in insurrection. Under this act a paper division of the whole of our territory was made into five special districts, and to each a special agent was appointed with numerous assistants. Abandoned property was defined to be that which had been deserted by the owners, or that which had been voluntarily abandoned by them to the civil or military authorities of the United States. Property which had been
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