Legal Opinion

Lapeyre v. United States

Supreme Court of the United States

Decided April 15, 1873PublishedCited by 44 opinions

Appeal from the Court of Claims ; the case being thus: By the act of 13th July, 1861,* the President was authorized to proclaim, “ that the inhabitants of a State, or any part thereof, where such insurrection exists, are in state of insurrection against the United States;” and thereupon, “all commercial intercourse,” between such inhabitants and the citizens of the rest of the United States; “ shall cease and be unlawful, so long as such condition of hostility shall…

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Appeal from the Court of Claims ; the case being thus: By the act of 13th July, 1861,* the President was authorized to proclaim, “ that the inhabitants of a State, or any part thereof, where such insurrection exists, are in state of insurrection against the United States;” and thereupon, “all commercial intercourse,” between such inhabitants and the citizens of the rest of the United States; “ shall cease and be unlawful, so long as such condition of hostility shall continue.” By the act of July 2d, 1864,* provision was made for the transmission and sale of cotton from the insurrectionary…

1Opinion of the CourtJustice Swayne

The only inquiry presented for our consideration is, when the proclamation, which is the hinge .of the controversy, took effect. The question arises on the third finding of the Court of Claims, which is as follows: “The proclamation of the President of June 24th, 1865, was not published in the newspapers until the morning of the 27th of that mouth; nor was it published or promulgated anywhere, or in auy form, prior to said last-named day, unless its being sealed with the seal of the United States, in the Department of State, was a publication or promulgation thereof.”

There is no act of…

2Cases cited3 opinions

  1. Arnold and Others v. The United StatesSupreme Court of the United States · 1815
  2. Matthews v. ZaneSupreme Court of the United States · 1822
  3. The AnnU.S. Circuit Court for the District of Massachusetts · 1812

3Cited by44 opinions

  1. United States v. WillSupreme Court of the United States · 1980
  2. McElrath v. United StatesSupreme Court of the United States · 1880
  3. Burgess v. SalmonSupreme Court of the United States · 1878
  4. Louisville v. Savings BankSupreme Court of the United States · 1881
  5. Leidigh Carriage Co. v. StengelCourt of Appeals for the Sixth Circuit · 1899

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