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Walker v. Whitehead U.S. 314 (1873)

handle is hein.slavery/ussccases0346 and id is 1 raw text is: WALKER V. WHITEHEAD. Syllabus. that decision. She was accordingly sold, and the net pro- ceeds paid into the treasury. Slawson insists that he is en- titled to these proceeds under the act to provide for the collection of abandoned property, even if there had been a valid capture, but the proviso to the first section of this act expressly excludes from its operation property which, like this, has been used for the purpose of carrying on war against the United States. Congress did not think proper to become the trustee for the owner of a steamboat engaged, with his consent, in the military service of the enemy at the very time Charleston was taken. It will not do to say that Slawson acted under compulsion after his purchase. In the first place the Court of Claims do not find this to be the case, and, besides, his conduct is inconsistent with any such theory, for he purchased the steamer while under charter in the Confederate service, and necessarily must have known that he could not recover her from that service. It needs no argument to show that the purchaser under such circum- stances consents that the boat shall be continued in the same business in which she had been engaged from the commence- ment of the rebellion. The claimant is, therefore, excluded from the benefit of the Captured and Abandoned Property Act, and as the Court of Claims has no jurisdiction to try a case growing out of the appropriation of property by the army or navy, it follows that its judgment must be AFFIRMED. WALKER V. WHITEHEAD. 1. The laws which exist at the time of the making a contract, and in the place where it is made and to be performed, enter into and make part of it. This embraces those laws alike which affect its validity, ccnstruc- tion, discharge, and enforcement. The remedy or means of erforcing a contract is a part of that obligation of a contract which the Con- stitution protects against being impaired by any law passed by a State. 2. Held, accordingly, when, on the 1st of January, 1870, suit was brought on a promissory note given in March, 1864, payable in March, 1865, that [Sup. Ct.

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