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Pagina 2
... reasons for believing that this bill is ex post facto and discriminatory and therefore unconstitutional , may I state generally why it should not be passed , even if it was within the power of Congress to pass such a bill . This Harness ...
... reasons for believing that this bill is ex post facto and discriminatory and therefore unconstitutional , may I state generally why it should not be passed , even if it was within the power of Congress to pass such a bill . This Harness ...
Pagina 6
... reasons I ask that this Harness bill be disapproved by this committee . The CHAIRMAN . We will now hear from Congressman Harness . STATEMENT OF HON . FOREST A. HARNESS , MEMBER OF 6 EXCLUDE PERSONS CONVICTED OF WAR DESERTION.
... reasons I ask that this Harness bill be disapproved by this committee . The CHAIRMAN . We will now hear from Congressman Harness . STATEMENT OF HON . FOREST A. HARNESS , MEMBER OF 6 EXCLUDE PERSONS CONVICTED OF WAR DESERTION.
Pagina 8
... reasons which underlie his desire , it is quite natural that Bergdoll should seek to escape the hardships and dangers of exist- ence in Germany . A military prison in America is vastly better than a concentration camp in Germany , and 5 ...
... reasons which underlie his desire , it is quite natural that Bergdoll should seek to escape the hardships and dangers of exist- ence in Germany . A military prison in America is vastly better than a concentration camp in Germany , and 5 ...
Pagina 13
... reason , I understand , that the national com- mander took the position that he thought Bergdoll should be brought back and punished . I might say this -- that I have hundreds of telegrams and letters and resolutions from American ...
... reason , I understand , that the national com- mander took the position that he thought Bergdoll should be brought back and punished . I might say this -- that I have hundreds of telegrams and letters and resolutions from American ...
Pagina 14
... reason he is being exiled , in effect , and his citizenship being forfeited , is because of a prior conviction of desertion . I must say superficially , Mr. Chair- man , that would seem to be a very extreme case of ex post facto law ...
... reason he is being exiled , in effect , and his citizenship being forfeited , is because of a prior conviction of desertion . I must say superficially , Mr. Chair- man , that would seem to be a very extreme case of ex post facto law ...
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amended American citizen American Legion American-born citizen Army Attorney become a citizen Berg BERTA BERGDOLL bill of attainder born CHAIRMAN Chin Bow Civil War legislation COMMITTEE ON MILITARY Congress Congressman Harness Congressman Roberts Constitution convicted of desertion counsel court martial Department of Labor deprived enacted escape ex post facto exile expatriation felony FLOURNOY fugitive from justice Germany Governors Island Grover Cleveland Bergdoll GULLION habeas corpus Harness bill HARRY WEINBERGER Hughes Immigration Act letter loss of citizenship lost his citizenship Military Affairs military or naval offenses opinion pardon passed passport penalty person Philadelphia post facto law President prison punishment question reference refused REILLY relinquished and forfeited right to become rights of citizenship Secretary section 11 Senator AUSTIN Senator Bristow Senator DOWNEY Senator HOLMAN Senator MINTON sentence statement Supreme Court tion United States Code United States Supreme War Department WHITTAKER wife and children
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Pagina 21 - SEC. 1998. That every person who hereafter deserts the military or naval service of the United States, or who, being duly enrolled, departs the jurisdiction of the district in which he is enrolled, or goes beyond the limits of the United States, with intent to avoid any draft into the military or naval service, lawfully ordered, shall be liable to all the penalties and forfeitures of section nineteen hundred and ninety-six...
Pagina 5 - An ex post facto law is one which renders an act punishable in a manner in which it was not punishable when it was committed.
Pagina 5 - Every law that alters the legal rules of evidence and receives less or different testimony than the law required at the time of the commission of the offense, in order to convict the offender.
Pagina 5 - Bills of this sort," says Mr. Justice Story, " have been most usually passed in England in times of rebellion, or gross subserviency to the crown, or of violent political excitements ; periods in which all nations are most liable (as well the free as the enslaved) to forget their duties, and to trample upon the rights and liberties of others.
Pagina 27 - An immigrant born in the United States who has lost his United States citizenship shall be considered as having been born in the country of which he is a citizen or subject...
Pagina 5 - The ground for the exercise of such legislative power was this,- that the safety of the kingdom depended on the death, or other punishment, of the offender ; as if traitors, when discovered, could be so formidable, or the government so insecure ! With very few exceptions, the advocates of such laws were stimulated by ambition, or personal resentment and vindictive malice. To prevent such and similar acts of violence and injustice, I believe the federal and state legislatures were prohibited from...
Pagina 5 - I will state what laws I consider ex post facto laws, within the words and the intent of the prohibition. 1st. Every law that makes an action done before the passing of the law, and which was innocent when done, criminal; and punishes such action. 2d. Every law that aggravates a crime, or makes it greater than it was, when committed. 3d. Every law that changes the punishment...
Pagina 26 - ... of April, 1865, and who, without proper authority or leave first obtained, quit his command or refused to serve after that date, shall be held to be a deserter from the army or navy; but this section shall be construed solely as a removal of any disability such soldier or sailor may have incurred, under the preceding section, by the loss of citizenship and of the right to hold office. in consequence of his desertion.
Pagina 26 - No soldier or sailor, however, who faithfully served according to his enlistment until the 19th day of April, 1865, and who, without proper authority or leave first obtained, quit his command or refused to serve after that date, shall be held to be a deserter from the Army or Navy; but this section shall be construed solely as a removal of any disability such soldier or sailor may have incurred, under the preceding...
Pagina 27 - States shall be considered as having been born in the country of which he is a citizen or subject, or If he Is not a citizen or subject of any country then in the...