 | Francis Henry Upton - Capture at sea - 1863 - 544 pages
...where the regular course of justice is interrupted, by revolt, rebellion, or insurrection, so that courts of justice cannot be kept open, civil war exists,...government were foreign enemies invading the land. The converse is also regularly true, so that when the courts of a government are open, it is ordinarily... | |
 | Francis Henry Upton - Capture at sea - 1863 - 536 pages
...where the regular course of justice is interrupted, by revolt, rebellion, or insurrection, so that courts of justice cannot be kept open, civil war exists,...opposing the government were foreign enemies invading the laud. The converse is also regularly true, so that when the ' courts of a government are open, it is... | |
 | Law - 1863 - 832 pages
...writings of the sages of the common law, may be thus»summarily stated : " When the regular course of justice is interrupted by revolt, rebellion, or insurrection,...that the Courts of justice cannot be kept open, CIVIL WAK EXISTS, and hostilities may be prosecuted on the same footing as if those opposing the Government... | |
 | Robert Dale Owen - History - 1864 - 258 pages
...opinion of the court, delivered in March of last year, is as follows :— "When the regular course of justice is interrupted by revolt, rebellion, or insurrection,...Government were foreign enemies invading the land."* When one nation is engaged in war against another, all the inhabitants of the latter, without regard... | |
 | William Darrah Kelley - United States - 1864 - 92 pages
...of the schooner Brilliant, etc., vs. the United States, declared that " when the regular course of justice is interrupted by revolt, rebellion, or insurrection,...Government were foreign enemies invading the land." Is not "the regular course of justice interrupted" in the rebellious States, "by revolt, rebellion,... | |
 | 1866 - 706 pages
...kept open, ctvil war exists, and hostilities may he prosecuted on the same footing as if those opposmg the government were foreign enemies invading the land....war. It cannot declare war against a State, or any numher of States, hy virtue of any clanse in the Constitution. " The Constitution confers on the President... | |
 | William Whiting - Executive power - 1864 - 376 pages
...interrupted by revolt, rebellion, or insurrection, so that the courts of justice cannot be kept open, ciril war exists, and hostilities may be prosecuted on the...government were foreign enemies invading the land." Uy the constitution, Congress alone has the power to declare a national or foreign war. It cannot declare... | |
 | Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - Law reports, digests, etc - 1865 - 722 pages
...this question. 2 Black's R. 635. Mr. Justice Grrier, in delivering the opinion of the court, said: "By the constitution, Congress alone has the power to declare a national or foreign war. It can not declare war against a state or any number of states, by virtue of any clause in the constitution.... | |
 | Isaac N. Arnold - Dummies (Bookselling) - 1866 - 748 pages
...by the Supreme Court of the United States, in March, 1863 f The court held "That where the course of justice is interrupted by revolt, rebellion, or insurrection,...those opposing the Government were foreign enemies." "All persons residing in this territory (the insurgent States) are liable to be treated as enemies.... | |
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The true test of its existence, as found in the writings of the sages of the common law, may be thus summarily stated; when the regular course of justice is interrupted by revolt, rebellion, or insurrection, so that the courts of justice cannot be kept... 
