A Century of Federal Judicature. and domestic dangers and distress for two years! It would end the war, and where it would leave us with neutral powers, it is fearful to contemplate." This problem was solved by Justice Grier, speaking for the majority of the court, in an opinion which constitutes a valuable addi-
Copyright ly Hampten L. Carson.
tion to international jurisprudence. "The greatest of civil wars," he said, "was not gradually developed by popular commotion, tumultuous assernblies, or local unorganized insurrections. However long may have been its previous conception, it nevertheless sprung forth suddenly from the parent brain, a Minerva in the full panoply of war. The
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President was bound to meet it in the shape it presented itself without waiting for Con gress to baptize it with a name, and no name given to it by him or them could change the fact. It is not the less a civil war, with belligerent parties in hostile array, because it may be callled an 'insurrection' by
CoHrttsy of P. li'. Ziegltr and Company.
one side, and the insurgents be considered as rebels or traitors." After referring to Queen Victoria's proclamation of neutrality, and similar declarations or silent acquies cence by other nations, he continued: "Af ter such an official recognition by the sov ereign, a citizen of a foreign state is estopped to deny the existence of a war, with all its
