Salmon P. Chase

“ In the first place, bands of men have formed combinations to resist the authority of the United States in portions of its territory. They deny and will not recognize the laws and authorities of the United States, and have taken up arms to enable them to hold our territory forcibly, to the exclusion of our law officers. ”

“ We must be governed by the principle of public law, so often announced from this bench as applicable alike to civil and international wars, that all the people of each State or district in insurrection against the United States, must be regarded as enemies, until by the action of the legislature and the executive, or otherwise, that relation is thoroughly and permanently changed. ”

“ It would be unreasonable to ask, that a widow, sixty-five years old, of infirm health, probably, who has lived in one spot-a plantation, in a rural parish-for thirty years, should leave the only home she has on earth, and follow the army of the United States, under penalty of being declared judicially a 'rebel,' and of having her estate confiscated. ”

“ The Parish of Avoyelles, which included the cotton plantation of Mrs. Alexander, included also Fort De Russy, constructed in part by labor from the plantation. The rebels reoccupied the fort as soon as it was evacuated by the Union troops, and have since kept possession.
It is said, that though remaining in rebel territory, Mrs. Alexander has no personal sympathy with the rebel cause, and that her property therefore cannot be regarded as enemy property; but this court cannot inquire into the personal character and dispositions of individual inhabitants of enemy territory. ”

“ There is certainly no authority to condemn any property as prize for the benefit of the captors, except under the law of the country in whose service the capture is made; and the whole authority found in our legislation is contained in the act for the better government of the navy, approved July 17th, 1862. ”

“ That proclamation, having been issued by the President of the United States, in so far forth as it held out inducements and made promises, and persons acted under and in pursuance with it, constitutes a legal contract, which shall be alike binding on the Government and such persons. The moment she took the oath prescribed by that proclamation, she was entitled to the full benefit of the 'restration of all rights of property,' as therein promised, so far as this cotton is concerned.
3. There can be no valid capture by the navy of enemy property on land. ”

“ As there should be no right without a remedy, so the courts will not suffer our loyal people, who have been, themselves and their property also, placed in peril by this unfortunate conjunction of political circumstances, for which they are in nowise responsible, to go away without redress. When delivered from these perils by the act of the Government, they and their property should be subjects of fostering care by all departments of the Government, where no rights are to be violated and no well-defined principles ignored. ”

“ Neither does her case come within the Abandoned Property Act of March 12, 1863. It is no part of this case that Mrs. Alexander ever abandoned her plantation. On the contrary, much of the argument of the other side proceeds on a supposition-a true one that she remained on it; and so remained in an enemy's country.
2. If the property is not enemy's property at all, it matters not whether it be one sort of product or another. It is to be protected, being private. 'Private property on land is now,' says Halleck, [6] 'as a general rule of war, exempt from seizure or confiscation ”

“ Fort De Russy was captured by the Government forces about the middle of March, and our forces held complete possession though temporary-for about eight weeks. During this time, an election took place for delegates to a State Convention ”

“ He also held that when property is once captured on the high seas, and it is unlawfully carried ashore, the captors may recapture it on the land.
It is worthy of remark that Lindo v. Rodney, and Alexander v. The Duke of Wellington, cited to sustain the position that lawful captures may be made on land by naval forces, both disclose the important fact that that jurisdiction is derived from municipal law. Lord Mansfield cites and relies upon treaties, acts of Parliament, &c., to sustain this jurisdiction. The statutes are 17 Geo. ”