An exceptional post KI. I could feel the weight upon Lincoln's shoulders. Heavier than the war I feel.
I am curious as to how you are going to get around 'An Act of Attainder' here. Should be interesting just how much the Constitution can be bent.
Isn't the theory that the individual rebel not the state has divested himself voluntarily of his citizenship. The fact the country he has subsequently declared himself a citizen of doesn't exist anymore is the individuals problem.
Nonetheless you can expect a case like Ex Parte Garland to come up before the Supremes.
Permanently barring "foreigners" or denying entry to stateless persons must be legal surely? Confiscating assets used to support an insurgency against the territorial integrity of the US (supporting terror in modern parlance) also seems justifiable.
Perhaps these are early Patriot Acts! God help the US.
The Supreme Court will certainly be busy. The irony of course is that the incoming Congress would far prefer to hang half the rebels and imprison the other half indefinitely. We will see a 14th Amendment drafted to give effect to the idea a citizen can expressly or by their actions surrender their citizenship...
I'm personally interested in the Confiscation Act (particularly the state one already passed in Kentucky). Specifically, who gets the confiscated lands? The notion that the federal government has a higher claim on them than the states runs counter to precedent in this era - and, attainder or not, the chance of beating the Proclamation of Abandonment in the current political climate is zero, so opponents of the regime and rebel apologists will be focusing their efforts first on watering down or beating Confiscation. Since the new state governments will be initially pro-administration, the administration probably won't fight that too hard - and centralizing Southern state governments could come back to haunt them after Reconstruction. Just musing.
You continue to delight, KI.
I am myself wondering about the fight in Congress about the fate of confiscated land - between selling off the land to pay down the Government debt, endowing it to states to use to fund projects (see the Land Grant Universities like Cornell), allocation to Southern Unionists, veterans, freedmen, or its sale at an undervalue to the ner do well younger brothers and cousins of Republican party machine members...We'll have to see.
How would those removed of US citizenship be found? Those that don't declare for the Union? Any confederate official?
More than a few are Prisoners of War. The OMI can probaby produce a long list from captured records in Richmond and elsewhere.
I wonder if those goin into voluntary exile will have their property confiscated too?
General Stone and the OMI will certainly have a role to play is preparing the "List of Proscribed Persons"...
I'm guessing that anyone taking up arms against the US would be deemed to have de facto renounced their citizenship. You could then set up conditions under which citizenship could be regained, which could include a blanket amnesty for certain categories.
Which ought to be dealt with in detail by the revised Naturalization Act.
You did not have to be a citizen to live in America at the time.
Many people who fought for both sides were not US citizens.
The only significant foreigners who jump to mind (as in foreign citizens not just foreign born) are Major General Polignac of France, Colonel George St Leger Grenfell of Britain and that mad Prussian Major who rode with Stuart. They're all deportation jobs at least.
I think this is a fair bet. Unless they were involved in egregious war crimes, in order to avoid international difficulties they will be shipped home. Luckily General Leventhorpe, formerly of Her Majesty's Royal Army, is a naturalized citizen...well lucky for everyone except for him.
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