Horace Gray

“ In order to come within its purpose and its very words, the property in question must 'have been taken by an enemy of the United States,' and 'retaken' by a public or private vessel of the United States. Where there has been no capture, there can be no recapture. ”

“ He is under no such obligation to protect tem against unwise bargains, or against sales made for inadequate consideration, or by an agent or custodian in excess of his real authority. The jus postliminii attaches to property taken by the enemy with the strong hand against the will of its owner or custodian, and not to property obtained by the enemy by negotiation or purchase. ”

“ Upon the question whether the so-called 'Confederate States' acquired possession of the Eastport by capture or by purchase, the extracts from the Confederate archives, made part of the facts found by the court of claims, appear to this court to have an important bearing, and to be competent, though not conclusive, evidence. ”

“ No land forces took part in the capture, or were in the neighborhood at the time. The Eastport was immediately brought by her captors to Mound City, Ill., and was afterwards coverted by the United States into a gunboat, and put in commission in the navy as such.
The questions of law presented by the record are not free from difficulty. ”

“ And the appropriations for the war department in 1882 included one 'for travelling expenses in connection with collection of Confederate records placed by gift or loan at the disposal of the government.' Act Aug. 5, 1882, c. 389 (22 Stat. 241) . Congress has also occasionally made appropriations 'to enable the secretary of the treasury to have the rebel archives and records of captured property examined, and information furnished therefrom for the use of the government.' Act March 3, 1875, c. 130 (18 Stat. 376) ”