Carlisle v. United States

Carlisle v. United States, 83 U.S. (16 Wall.) 147 (1872), was a United States Supreme Court case in which the Court ruled, "A alien, whilst domiciled in the country, owes a local and temporary allegiance, which continues during the period of his residence."[1] The case has been cited in articles discussing the "culture defense" in criminal law.[2]

Carlisle v. United States
Supreme Court of the United States
Argued April 3, 1873 Decided April 14, 1873
Full case name	Carlisle v. United States
Citations	83 U.S. 147 (more) 16 Wall. 147; 21 L. Ed. 426
Holding
Subjects of the Queen of Great Britain who had been residents within the United States prior and during the American Civil War and provided support to the Confederate States of America were unconditionally and without reservation pardoned by Proclamation 179 and were allowed to make a claim and recover the proceeds for merchandise confiscated during the war. The opinion of the United States Court of Claims reversed.
Court membership
Chief Justice Salmon P. Chase Associate Justices Nathan Clifford · Noah H. Swayne Samuel F. Miller · David Davis Stephen J. Field · William Strong Joseph P. Bradley · Ward Hunt
Case opinion
Majority	Field, joined by Chase, Clifford, Swayne, Miller, Davis, Strong, Bradley, Hunt

Statement of the case

Prior to the American Civil War, the claimants were subjects of the Queen of Great Britain but had been residents in the United States prior and during the war.[3] In December 1861, the claimants began to manufacture saltpeter, an ingredient of gunpowder, in Santa Cave, a cave 7 miles (11.25 km) southwest of Scottsboro, Alabama.[4] During the war, the saltpeter was sold to the Confederate States military. In 1864, the Union Army in a campaign through Alabama, seized 65 bales of cotton that were valued at $43,232 and stored on the claimant's plantation. On December 25, 1868, after the Confederate government surrenderred, US President Andrew Johnson issued Proclamation 179, which unconditionally and without reservation pardoned and provided amnesty to all those who had supported the Confederate government.[5] After the pardon, the claimants attempted to recover from the US government the proceeds of the 65 bales of cotton.[6]

Court opinion

When the claimants presented their claim after the pardons, the United States Court of Claims denied the request proclaiming that the United States government had the right to confiscate the bales of cotton because the claimants gave aid and comfort to the rebellion, and for that reason were not entitled to recover the proceeds of the cotton seized. However, in a unanimous decision, the Supreme Court reversed and held that:

• British subjects, if otherwise entitled, may prosecute claims against the United States in the Court of Claims.
• the claimants were allowed to make a claim and recover the proceeds because the pardon guaranteed that no offense connected with the rebellion could be imputed to the claimants.
• "[a]n alien, whilst domiciled in the country, owes a local and temporary allegiance, which continues during the period of his residence."[7]

References

1. Carlisle v. United States, 83 U.S. (16 Wall.) 147, 154 (1872).
2. See Nicole A. King, "The Role of Culture in Psychology: A Look at Mental Illness and the 'Cultural Defense'", 7 Tulsa J Comp & Int'l L 199, 218 [1999].
3. Carlisle v. United States, 83 U.S. at 149.
4. Fleming, Walter Lynwood (1905). Civil war and reconstruction in Alabama. Columbia University Press. p. 153. ISBN 9785518487277.
5. "Proclamation 179—Granting Full Pardon and Amnesty for the Offense of Treason Against the United States During the Late Civil War". The American Presidency Project. University of California, Santa Barbara. December 25, 1868. Retrieved May 23, 2017.
6. Carlisle v. United States, 83 U.S. at 148.
7. Carlisle v. United States, 83 U.S. at 154-155.

External links

• Text of Carlisle v. United States, 83 U.S. (16 Wall.) 147 (1872) is available from:  Google Scholar  Justia  Library of Congress  OpenJurist