Alexander Collie, Appt.

Y.

UNITED STATES.

liquor; nor as exempting the Corporation from | JOHN YOUNG, Trustee, in Bankruptcy of any control therein to which a citizen would be subject, if the interests of the community should require it. If the public safety or the public morals require the discontinuance of any manufacture or traffic, the hand of the Legislature cannot be stayed from providing for its discontinuance, by any incidental inconvenience which individuals or corporations may suffer. All rights are held subject to the police power of the State.

(See S. C., Reporter's ed., 39-68.)

national forces.

2. The rightful capture of movable property on land transfers the title to the government of the captor, as soon as the capture is complete; and it is complete when reduced to "firm possession." There is no necessity for judicial condemnation. In this respect, captures on land differ from those at sea.

3. The right of suit for the proceeds of property sold under the Abandoned and Car red Property Act, and paid into the Treasury of the United whose property has been taken, States, is given to the subjects of Great Britain as well as to citizens of the United States. A subject of Great Britain, who gave aid and comfort to the enemy, is excluded from suing for such proceeds under such Act.

Confiscation of cotton-capture, effect of—rights of alien-President's Proclamation. We do not mean to say that property actually the United States was a sectional civil war. 1. The late rebellion against the Government of During in existence, and in which the right of the owner the war, cotton, found within the Confederate terhas become vested, may be taken for the pub-ritory, although the private property of non-comlic good without due compensation. But we in- batants, was a legitimate subject of capture by the fer that the liquor in this case, as in the case of 33] Bartemeyer v. *Iowa, 18 Wall., 129, 21 L. ed., 929, was not in existence when the liquor law of Massachusetts was passed. Had the plaintiff in error relied on the existence of the property prior to the law, it behooved it to show that fact. But no such fact is shown, and no such point is taken. The plaintiff in error boldly takes the ground that, being a Corporation, it has a right, by contract, to manufacture and sell beer forever, notwithstanding and in spite of any exigences which may occur in the morals or the health of the community, requiring such manufacture to cease. We do not so understand the rights of the plaintiff. The Legislature had no power to confer any such rights. Whatever differences of opinion may exist as to the extent and boundaries of the police power, and however difficult it may be to render a Argued Apr. 1, 2, 3, 1878. Decided May 13, 1878 satisfactory definition of it, there seems to be no doubt that it does extend to the protection of the lives, health and property of the citi zens, and to the preservation of good order and the public morals. The Legislature cannot, by any contract, devest itself of the power to provide for these objects. They belong emphatically to that class of objects which demand the application of the maxim, Salus populi suprema lex; and they are to be attained and provided for by such appropriate means as the legislative discretion may devise, That discretion can no more be bargained away than the power itself. Boyd v. Alabama [ante, 302].

Since we have already held, in the case of Bartemeyer v. Iowa, that as a measure of police regulation, looking to the preservation of public morals, a state law prohibiting the manufacture and sale of intoxicating liquors is not repugnant to any clause of the Constitution of the United States, we see nothing in the present case that can afford any sufficient ground for disturbing the decision of the Supreme Court of Massachusetts.

Of course we do not mean to lay down any rule at variance with what this court has decided with regard to the paramount authority of the Constitution and laws of the United States, relating to the regulation of commerce with foreign nations and among the several States or otherwise. Brown v. Maryland, 12 Wheat., 419; License Cases, 5 How., 504; Pas34] senger *Cases, 7 How., 283; Henderson v. Mayor of N. Y., 92 U. S., 259, 23 L. ed., 543; Chy Lung v. Freeman, 92 U. S., 275, 23 L. ed., 550; R. R. Co. v. Husen [ante, 527]. That question does not arise in this case.

The judgment is affirmed.

4. The President's Proclamation of Pardon and Amnesty of Dec. 25, 1868, did not restore to such alien the right to sue for such proceeds, but he remained subject to all his original disabilities under [No. 781.]

the statute.

Appeal from the Court of Claims.

Statement by Mr. Chief Justice Waite. This suit arises under the Abandoned and Captured Property Act, 12 Stat. at L., 820, and comes into this court by appeal from the judgment of the Court of Claims against the claimant, upon the following finding of facts:

"I, Alexander Collie, on whose behalf this suit was instituted and in the name of whose trustee in bankruptcy the same is prosecuted, was a subject of the Queen of Great Britain and Ireland, at one time residing in Manchester, England, as a member of the firm of Alexander Collie & Co., but in the years 1862, 1863 and 1864, residing and doing business, in his own name, in London, England, and he has at no time been in the United States.

II. In the year 1862, the said Collie engaged in fitting out, lading and sending steamships to run the blockade of the ports in *States [40 which were then in rebellion against the United States; and for about two years he continued engaged in that business, sending a large number of such vessels for that purpose, which succeeded many times in running the blockade, in and out, and carried into some of those ports general merchandise, which was there sold, and also munitions of war, to wit: arms, gunpowder, armorplates for war vessels, army clothing, cannon, shot, ammunition and quartermaster and medical stores, which were purchased in England by said Collie, or by agents of the socalled Confederate States of America, to whom, in aid of such purchases, the said Collie made large advances of money; and when said munitions of war were run into said ports, they were

I remain, dear sir, yours faithfully,

(Signed)

Alex. Collie.'

and the said White entered into the following On the 27th of October, 1863, the said Collie agreement:

delivered to the Government of said Confederate | the good faith of the Governor and Government
States. The vessels so engaged in running the of your State I ask them to place in me.
blockade took back from said ports, to said
Collie, large quantities of cotton, partly received
from said Government in payment for the muni-
tions of war, and other things received from
him, and partly bought for him by his agents in
those States, with moneys derived from the sales,
there of the cargoes of merchandise taken into
said ports by the ships of said Collie. The cot-
ton, for the recovery of the proceeds of which
this suit was brought, was purchased by said
Collie's agent in the said Confederate States,
with money so derived.

The said Collie, on the 1st of October, 1863, addressed the following letter to John White, special commissioner for the State of North Carolina, then in England:

Special Comr. for North Carolina:
Dear Sir: Being desirous of aiding in any
way in my power the Government of your State
in its present struggle, it seems to me that the
time has come when this can be done very effi-
ciently and, with this view, I now ask your care-
ful consideration of the following propositions:
From all I can learn, the chief requirement
of your country at the present moment, as far
as concerns business here, is to receive supplies
of railway iron, rolling-stock, and a few other
articles, with regularity, expedition and econ-
omy. To effect this, I propose:

First. To furnish, with as little delay as pos-
sible, four steamers, of the most suitable de-
scription for blockade running, of which your
State will own one fourth interest, the other
three fourths being held by myself and friends.
41] *Second. To give up to the Government
of your State, when required, the entire inward
carrying power of said steamers from the island
to the Confederacy, at a moderate rate, to be
fixed hereafter.

Third. That the Government of your State be entitled to one fourth space of the outward carrying power of each steamer, for cotton or other produce; and this arrangement will, I estimate, yield to your State funds sufficient to pay cost and all charges on inward cargo, cash of its share of outward cargo, and (if cotton of good quality be sent out) a very large surplus will be left at the credit of your State on each trip. If at any time there should be a deficiency of cargo for government or other account, freight will be taken, if procurable, from other parties, and a due share of any freight so carried will be credited to the State. In a business such as that now sought to be inaugurated, it is manifestly impossible to provide for all contingencies which may arise; all I can at present do is to indicate the chief aims, objects and conditions. The rest must be left to the good faith and honorable dealing of the Government of your State on the one part, and of myself on the other. I need hardly add. that any proposition from your Government for altering or amending any of the conditions you and I may agree to will be met by me in the most liberal spirit, and that I place the same implicit confidence in

'With the view of carrying out efficiently the business indicated in the preceding letter of 1st instant, it is hereby agreed by Alex. Collie, for himself and friends, on one part, and John White, of North Carolina, for the Governor of that State, on the other part, that Alexander Collie will furnish four steamers of suitable construction and speed, as soon as practicable; that one fourth interest in each of these steamers will belong to the Government of North Carolina, three fourths owned by Alexander Collie and friends. The Government will pay their share of the costs and outfit of such steamers by cotton warrants (Manchester issue), at par, and the working expenses of such steamers will be

paid by the respective owners, in their due proportion; that is, one fourth of the working expenses will be paid by the Government of North Carolina, and three fourths by the other [42 be deemed prudent to sell any of the steamers, owners; and if from any sufficient cause it should the net proceeds of such sale, or any money earned, in the shape of freight, will be duly credited in like proportion. Under this contract, The Hansa and The Don, both most excellent boats, now running between Wilmington and the islands, will, on next arriving at the islands, be made over to the State, in the proportion of one fourth interest in each; and these steamers will be charged, £20,000 sterling for The Hansa, and £20,000 sterling for The Don, this being the estimated total cost price of each at the islands, and considerably under the estimated value. Another screw-steamer, similar to The Ceres, will be ready for sea in about four weeks, and in about two months the fourth will be despatched. By this arrangement, the chief objects sought to be obtained are:

First. To supply railway iron and rollingstock, and such other articles as may be needed by the State, at a moderate rate of freight, and in regular quantities.

cotton for the State, to enable it to benefit from
Second. To run out regularly a quantity of
the very high prices ruling here.

as possible by dividing the interest of the Gov-
Third. To reduce the risk of capture as much
ernment over four or more steamers.
to secure the greater economy, and the more ef-
In order
ficient working facilities, the working manage-
ment of the steamers will rest in the hands of
Alex. Collie & Co., who, as representing the
larger proportion, will appoint the captains and
officers; but no important steps, such as dispos-
ing of any of the steamers, or replacing any of
them, or adding to their number, will be under-
taken without the full knowledge and consent
of Mr. White, the special commissioner here.
Under this arrangement, the parties interested
will have the benefit of a well-trained and ex-
perienced staff of men, at all points, and the
Government of the State, on its part, will give
all the aid in its power to the efficient working
of the business now inaugurated. It will give
all the aid it can do to get transportation of

(Signed)

London, June 13, 1864.'

Alex. Collie.
C. J. McRae,
Agent C. S. A.

be allowed the privilege of residing in the Con- | their private property on land in the confeder federacy, free from liability to conscription, and ate territory, who have been deprived by the every reasonable facility is to be allowed them Government of the right to recover their capfor effectually carrying out the terms of this tured property, consists of the subjects of neuagreement. tral states, domiciled under the protection and allegiance of their own Government, who carried on their trade and commerce with the Confederate States under the authority and protection of the law of nations. The result of this construction of the legislation of the Government would be, that the United States has undertaken to discriminate in favor, not only of its own enemies, but, of its own rebels and traitors, against the de jure and de facto subjects of friendly foreign States, who owed the United States no duty and were under obligations of fidelity and allegiance only to their own Sovereign.

Under this contract, in the winter of 1863-64, and the spring and summer of 1864, divers steamers were supplied, and importations of supplies and munitions of war for the Confederate Government were run by them into Wilmington, and return cargoes of cotton, on account of that Government and of said Collie, were run by them out of that port to England. In March, 1864, the said Collie sent, as a present to the Confederate authorities at Wil- In order that the action of the Government mington, on one of his steamers engaged in run-of the United States in reference to this subject ning the blockade into that port, a Whitworth shall conform to the requirements of internagun for field service, with carriage, caisson, limbers and all other customary appendages, together with a large quantity of shot of the proper calibre for the gun, in regard to which he wrote to the Governor of North Carolina as follows:

'I have shipped on board The Edith a new kind of gun, which is reported to be particularly destructive; and I have to ask the authorities at Wilmington to accept it as a "substi46] tute" for *some of our people, who, but for our business, would have been doing business in another capacity.'

This gun was received by the Confederate authorities in Wilmington, and used in defense of that port and in aiding the entry into it of blockade running steamers, by repelling the vessels of the United States engaged in pursuing those steamers.

In the year 1864, the said Collie sent on one of his blockade running vessels, to the Government of said Confederate States, as a gift from himself, two Whitworth guns, which were received by that Government and used in its service.

In the same year, the said Collie made a donation to that Government of $30,000, to aid the needy and the suffering in the insurgent States, and more particularly those who had been made so through the war.

III. In the years 1862, 1863 and 1864, the said Collie, through an agent in the insurgent States, sent out by him in 1862, purchased, with money derived from sales of cargoes run through the blockade into ports in those States, in said Collie's steamers, 3,096 bales of upland cotton, and 1,757 bales of sea-island cotton; all of which was stored in Savannah at the time of the capture of that city by the military forces of the United States in December, 1864, and was there seized and taken by those forces, and thence shipped to New York, where it was sold by an agent of the United States, and the proceeds thereof, amounting to $950,076.71, were paid into the Treasury of the United States."

Messrs. J. Hubley Ashton, W. W. MacFarland, J. W. Denver, C. F. Leck and James Thomson, for appellant:

If the doctrines contended for by the United States in this case are sound the only class of persons affected by the hostilities, in respect of

tional law, it must be declared by this court, either that the claimant's acts were not such acts as constituted aid or comfort to the rebellion, in the sense of this statute, or that the consequences annexed to those acts, if they were aid or comfort, in the sense of the statute, have been removed by the pardon and amnesty of the Executive.

It was manifestly the scheme and design of the Captured and Abandoned Property Act of Mar. 12, 1863, to impose a disability to reclaim and recover the proceeds of captured property upon those persons only who committed and were guilty of the crime of giving aid and comfort to the rebellion, and to restore to all other persons whose property should or might be affected by operations under the authority of the Act, the proceeds of captured property, on application within two years from the close of the war.

This territory was enemies' territory; the inhabitants were enemies of the United States; and, as such, their property was enemies' property, and everywhere the lawful subject of capture and confiscation by the United States.

The Prize Cases, 2 Black, 687, 17 L. ed., 483; Mrs. Alexander's Cotton, 2 Wall., 419, 17 L. ed., 919.

The purpose clearly was, to affect with the statutory disability only those who were guilty of offenses of the class of the crimen majestatis, of which allegiance is a necessary ingredient; and the property of all other persons, whether captured on land by military or naval forces, or captured on inland waters by naval forces, was intended to be restored, through the restoration of its proceeds, by judgment of the Court of Claims.

The statute discards the idea of appropriating, ever so indirectly, as booty of war, any property captured on land, owned by persons who were not personally guilty of some overt act of treason against the United States, during the progress of the rebellion.

The rule of construction was laid down and applied by Chief Justice Marshall in Burr's Case. "So far as the meaning of any terms, particularly terms of art, is completely ascertained, those by whom they are employed must be considered as employing them in their ascertained meaning, unless the contrary is proved by the context." 2 Burr's Trial, 401.