Joseph McKenna

“ Cuba was enemy's country, and all persons residing there pending the war, whether Spanish subjects or Americans, were to be deemed enemies of the United States, their property enemy's property, and subject to seizure, confiscation, and destruction. It would seem necessarily to follow that the claimants in this case were enemies of the United States, and their property subject to the necessities of war. And this is but the application of the rule which declares that war makes of the citizens or subjects of one belligerent enemies of the government, and of the citizens or subjects of the other. ”

“ If the record presented such a case, the question could be raised whether it presented one for judicial cognizance, even if a court could share the indignation which the learned commentator says all mankind would feel. ”

“ We only mean that the seizure was for the immediate use of the Army,-a right recognized in that case, for we do not accept the view contended for by claimants, that, with the surrender of Santiago and the cessation of active operations in the Santiago district, enemy property lost such character and was not subject to such right of capture. The war was flagrant elsewhere, and in such case Planters' Bank v. Union Bank is authority for the right, not against it. ”