by John Marshall Harlan, Gates v. Goodloe — Opinion of the Court
“ We only deal with possession, and, therefore, the necessity of a strict accountability, because the United States assumes the place of trustee, and must account to the rightful owner for his property, rents, and profits. ”
by John Marshall Harlan, Gates v. Goodloe — Opinion of the Court
“ The general commanding the Union forces at Memphis was charged with the duty of suppressing rebellion by all the means which the usages of modern warfare permitted. To that end he represented for the time, and in that locality, the military power of the nation. He did not assume authority to confiscate Brinkley's rents, nor did he seize them as booty of war ”
by John Marshall Harlan, Gates v. Goodloe — Opinion of the Court
“ No agent can collect and remit money South without subjecting himself to arrest and trial for aiding and abetting the public enemy.'The object of these regulations was thus distinctly set forth by General Sherman in his letter of instructions: 'I understand that General Grant takes the rents and profits of this class of real property, under the rules and laws of war, and not under the Confiscation Act of Congress ”
