The Reform
Supreme Court of the United States
On the 13th July, 1861, Congress passed “An act further to provide for the collection of duties on imports, and for other purposes.” The late rebellion was in its rise at this time, but the act did not refer to it, nor was its operation declared, in any part of it, to be temporary.
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On the 13th July, 1861, Congress passed “An act further to provide for the collection of duties on imports, and for other purposes.” The late rebellion was in its rise at this time, but the act did not refer to it, nor was its operation declared, in any part of it, to be temporary. By the 5th section it was enacted that “ whenever” the militia called forth by the President had failed to disperse insurgents in any State against the national authority, it should be lawful for the President, by proclamation, to declare that the inhabitants of such State, or part of a State, were in “ a state of…
1Opinion of the Court
Mr: Justice CLIFFORD
delivered the opinion of the court.
Cause of seizure,, as alleged in the libel of information, was that the vessel with her cargo was, on the seventh day of May, 1862, proceeding from the. port of Baltimore, on a voyage to that part ©f the State of Virginia which was in insurrection against the United States, and which had been so proclaimed to> be by the President of the United States. Allegations of the libel, so far as the charge is concerned, are founded upon the provisions ©f the 5th section of the act of the thirteenth of July,1861, which, under certain conditions,…
2Cases cited1 opinion
- Wood v. United StatesSupreme Court of the United States · 1842
3Cited by11 opinions
- Snell v. DwightMassachusetts Supreme Judicial Court · 1876
- Renehan v. McAvoyCourt of Appeals of Maryland · 1911
- Hearn v. PurnellCourt of Appeals of Maryland · 1909
- Duer v. JamesCourt of Appeals of Maryland · 1875
- Florida Cent. & P. R. Co. v. SullivanCourt of Appeals for the Fifth Circuit · 1903
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