Knote v. United States 13 Ct. Cl. 517

KNOTE’S CASE.

(10 C. Cls. R., 397; 95 U. S. R., 149.)

John Knote, appellant, v. The United States, appellees.

On the claimant’s Appeal.

Personal property of the claimant is seized, libelled, condemned, and forfeited by a dearee of a district court on the ground of his treason, and the proceeds paid into the Treasm'y. Se alleges that by virtue of the proclamation December 25, 1868, he was pardoned and released of all penalties, and “ is entitled to receive from the United States the said proceeds.” The defendants demw.

The court below holds that property duly confiscated by judgment is beyond the reach of executive clemency; that it is absolutely n ational property, of wliich the control is given by the ‘Constitution to Congress and not to the President. Judgment for the defendants. The claimant appeals.

The judgment of the court below is affirmed on substantially the same grounds. The Supreme Court also holds that there is no implied contract to support the action, there being no obligation, or duty, or consideration operating on the Government to pay over the money.