Suppose the Government, at his own expense, had constructed seventy miles of railroad in one of the rebel States, and that, at the close of the war, a company should apply to the Executive Department of the Government for a transfer of the road so constructed to it; by what authority or provision of law would Executive Department be authorized to transfer the road so constructed to the company making the application? Mr. Stanton answered: I do not know of any act of Congress that directly, in terms, would authorize any such transfer; but regarding the construction of the road, in time of war, simply as a means, or instrument, of carrying on war, when the war was over I would consider it strictly proven and within the scope of the power of the General Commanding, or especially of the President of the United States, as the Commander-in-Chief of the Army, to render that instrument as available for peace purposes as possible. And inasmuch as the road would be entirely useless unless it was operated, and it would be for the benefit and interest of the public, to have it operated as speedily as possible, I think it would be in the interest of a wise discretion, and exercising proper authority, to turn over that road to any company or individual who would operate it; for, in that way, he would be applying the war material to the only available use to which it could be applied. * * * I would regard the rolling stock as coming, to a certain extent, within the same principle. * * * No transfer of title was at any time made, so far as I know, or could be made, but only possession turned over. When the military use was no longer required, the railroads were turned over to their original owners, or their representatives, with permission to use them. These railroads, their plant and track fixtures, real property, of which the military authorities had only the possessory right and use, but the rolling stock and equipments, and iron not laid down, were personal property, which, by capture, or purchase, or construction, belonged to the United States. Sale could be made, and was made, of the personal property at values estimated by the proper officers. That which constituted real estate, to-wit, the railroad track, fixtures, etc., the military authorities might abandon altogether, or relinquish control and turn over possession to those who would make a beneficial use of it by working the road. Being in the nature of real estate, no title of the Government or of other persons could be divested and conveyed by military authority, but only the control relinquished and the use permitted during the existence of military authority in the department where the roads were situated.