Besides the general knowledge the claimant should have possessed of
the commercial disabilities consequent upon a state of war, and the
information afforded him by his contract and permit, a proclamation of
the President publicly issued September 24, 1864,[17] furnished abundant
notice of the kind of trading which would be permitted.
The property for which compensation is asked constitutes a part only of
that agreed to be furnished. None of it ever reached the possession of
the agent of the Government, but, as I understand the case, was at the
time of its seizure or destruction still in the territory of the enemy
and in rebellious possession. If in the circumstances detailed it was
treated by our military forces in like manner as other property in the
same situation, there would seem to be no hardship in holding that the
contractor assumed this risk as one arising from his unauthorized and,
if successful, his profitable venture.
Not being satisfied that there are any especial equities which entitle
this claim to more consideration than many others where equities might
be claimed in behalf of those who long ago violated our nonintercourse
laws, I am unwilling to sanction a precedent which if followed might
substantially work a repeal of these laws, regarded necessary and
expedient by those charged with legislation during the War of the
Rebellion, and who had in full view all the necessities of that period.
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