Melville Fuller

“ The Chief Justice continued: 'Commercial nations in the situation of the United States have always a considerable quantity of property in the possession of their neighbors. When war breaks out, the question, What shall be done with enemy property in our country?-is a question rather of policy than of law. The rule which we apply to the property of our enemy will be applied by him to the property of our citizens. ”

“ Not only so as to the owners, but as to the masters and crews. The principle which exempts the husbandman and his instruments of labor exempts the industry in which he is engaged, and is not applicable in protection of the continuance of transactions of such character and extent as these.
In truth, the exemption of fishing craft is essentially an act of grace, and not a matter of right, and it is extended or denied as the exigency is believed to demand. ”

“ Sailors on board enemy's trading vessels are made prisoners because of their fitness for immediate use on ships of war. Therefore the Admiral pointed out the value of these fishing seamen to the enemy, and advised their detention. They Secretary replied that if the vessels referred to were 'attempting to violate blockade' they were subject 'with crew' to capture, and also that they might be detained if 'considered likely to aid enemy.' The point was whether these crews should be made prisoners of war. ”