Samuel Freeman Miller

“ Unless the fact that the original owners were loyal to the government of the United States is of itself sufficient to exempt these vessels from the law of prize, the award of the court must be sustained. If the owners resided on that side of the line of bayonets spoken of in the Prize Cases [4] which adhered to the Union, then they were not liable to condemnation as prize, for their owners could have interposed a claim in the prize court, and on payment of salvage their property would have been restored to them. ”

“ And one vessel and some personal property was condemned as prize in that case, because owned by citizens of Richmond, though no disloyal acts were charged or proved against them.
This rule was acted on by this court in all cases which came within it (and there were several) growing out of the same civil war. The rule is vindicated by the fact that these very vessels were seized and were in use by the public forces of the enemy at the time they were captured, and their capture was a deadly blow at their power to carry on the war. ”

“ The finding of the value of the vessels alleged to have been captured is without warrant of law and wholly unsupported by evidence.
3d. The finding that the property alleged to have been captured was 'lawful prize of war, and lawful subject of condemnation as such,' is errorneous and wholly unsupported by the law and facts.
4th. The finding that the force of the enemy was superior to the forces of the United States ships and vessels engaged in the alleged capture, is erroneous and wholly at variance with and unsupported by the law and the facts. ”