Morrison Waite

“ But the company not only protected itself against liability for loss occasioned by riots, insurrection, and civil commotions, but against the 'invasion of a foreign enemy.' In the light of history and of facts, familiar to every man who opens his eyes and sees material facts before him, is it not plain that the late war was a war of invasion, and that it was the invasion of an enemy, and that it was the invasion of 'a foreign enemy? ”

“ It is upon these expressions in the opinion of the court, and others like them, that our jurisdiction is supposed to rest; but it must be borne in mind that the only question for decision was whether the society was liable on its policies for losses which resulted from such a fire as that in which the insured buildings were destroyed. The inquiry was not as to the rights of the respective parties under the constitution and laws of the United States, but as to what was meant by certain words used in the contracts they had entered into ”