icipation in a Rebellion unless said action could be shown to
have resulted from fear of conscription and to have sprung, not from
repugnance to military service, but from want of sympathy with the
insurrectionary movement. (United States _v._ Powell, 27 Fed. Cas. No.
16,079 (1871)).

[1226] Perry _v._ United States, 294 U.S. 330, 354 (1935) in which the
Court concluded "that the Joint Resolution of June 5, 1933, insofar as
it attempted to override" the gold-clause obligation in a Fourth Liberty
Loan Gold Bond, "went beyond the congressional power."

_See also_ Branch _v._ Haas, 16 F. 53 (1883), citing Hanauer _v._
Woodruff, 15 Wall. 439 (1873) and Thorington _v._ Smith, 8 Wall. 1
(1869) in which it was held that inasmuch as bonds issued by the
Confederate States were rendered illegal by section four, a contract for
the sale and delivery before October 29, 1881 of 200 Confederate coupon
bonds at the rate of $1000 was void, and a suit for damages for failure
to deliver could not be maintained.

_See also_ The Pietro Campanella, 73 F. Supp. 18 (1947) which arose out
of a suit for the forfeiture, prior to our entry into World War II, of
Italian vessels in an American port and their subsequent requisition by
the Maritime Commission. The Attorney General, as successor to the Alien
Property Custodian, was declared to be entitled to the fund thereafter
determined to be due as compensation for the use and subsequent loss of
the vessels; and the order of the Alien Property Custodian vesting in
himself, for the United States, under authority of the Trading with the
Enemy Act and Executive Order, all rights of claimants in the vessels
and to the fund substituted therefor was held not to be a violation of
section four. An attorney for certain of the claimants, who had asserted
a personal right to a lien upon the fund for his services, had argued
that when the Government requisitioned ships under the applicable
statute providing for compensation, and at a time before this country
was at war with Italy, the United States entered into a binding
agreement with the owners for compensation and that this promise
constituted a valid obligation of the United States which could not be
repudiated without violating section four.

[1227] Civil Rights Cases, 109 U.S. 3, 13 (1883). _See also_ United
States _v._ Wheeler, 254 U.S. 281 (1920) on which it was held that the
United States is without power to punish infractions by individuals of
the