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" When the regular course of justice is interrupted by revolt, rebellion, or insurrection, so that the courts of justice cannot be kept open, civil war exists, and hostilities may be prosecuted on the same footing as if those opposing the government were... "
In Memoriam, Edwin McMasters Stanton, His Life and Work: With Account of ... - Page 49
by Joseph Beatty Doyle - 1911 - 405 pages
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New Englander and Yale Review, Volume 28

Edward Royall Tyler, William Lathrop Kingsley, George Park Fisher, Timothy Dwight - United States - 1869 - 912 pages
...and becomes such by its accidents. The true test of its existence may be thus summarily stated : " when the regular course of justice is interrupted...government were foreign enemies invading the land." 2. Although by the Constitution Congress alone can declare war, and the President has no power to initiate...
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Cases and Opinions on Constitutional Law: And Various Points of English ...

William Forsyth - Constitutional law - 1869 - 616 pages
...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...opposing the Government were foreign enemies invading the laud' " (2 Black. 667). Applying this rule to the present case, it follows that civil war can no longer...
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Reports of Cases in Law and Equity, Argued and Determined in the ..., Volume 37

Georgia. Supreme Court - Equity - 1869 - 790 pages
...a fact which a Court is bound to notice and to know. Its true test is to be found in the fact that the regular course of justice is interrupted by revolt,...so that the Courts of justice cannot be kept open. A civil war exists, and hostilities may be prosecuted on the same footing as if those opposing the...
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Cases Argued and Adjudged in the Supreme Court of Florida, Volume 12

Florida. Supreme Court - Law reports, digests, etc - 1869 - 744 pages
...history, which the court is bound to notice and to know. 3d. Civil war existed and hostilities might be prosecuted on the same footing as if those opposing the government were foreign invading the land. 4th. Each party is deemed a belligerent nation, having the sovereign rights of war—...
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A Historical Account of the Neutrality of Great Britain During the American ...

Mountague Bernard - Great Britain - 1870 - 536 pages
...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...Government were foreign enemies invading the land.' '• By the Constitution, Congress alone has the power to declare a national or foreign war. It cannot...
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A Historical Account of the Neutrality of Great Britain During the American ...

Mountague Bernard - Great Britain - 1870 - 542 pages
...the sages of the common law, may be thus summarily stated :—' When the regular course of ju-tice is interrupted by revolt, rebellion, or insurrection,...Government were foreign enemies invading the land.' '• By the Constitution, Congress alone has the power to declare a national or foreign war. It cannot...
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Reports of Cases Determined in the Circuit Court of the United States for ...

United States. Circuit Court (1st Circuit), William Henry Clifford - Law reports, digests, etc - 1870 - 736 pages
...of the sages of the common law, may be thus summarily stated : — When the regular course of public justice is interrupted by revolt, rebellion, or insurrection,...may be prosecuted on the same footing as if those opposed to the government were foreign nations invading the land. The court expressly say in that case...
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Cases Argued and Adjudged in the Supreme Court of the United States, Volume 9

United States. Supreme Court - Law reports, digests, etc - 1870 - 868 pages
...tersely stated by Grier, J., speaking for the court in the Prize Ci.v.?.* **When the regular coarse of justice is interrupted by revolt, rebellion, or...so that the courts of justice cannot be kept open, cicil war exists," 4c. The test of its termination is logically the same. When the armed organization...
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A Historical Account of the Neutrality of Great Britain During the American ...

Mountague Bernard - Great Britain - 1870 - 558 pages
...the sages of the common law, may be thus summarily stated : — ' When the regular course of ju-tice is interrupted by revolt. rebellion, or insurrection,...so that the Courts of Justice cannot be kept open, ciul war exists, and hostilities maybe prosecuted on the same footing as if those opposing the Government...
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War Powers Under the Constitution of the United States: Military Arrests ...

William Whiting - Executive power - 1871 - 728 pages
...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...government were foreign enemies invading the land." By the constitution, Congress alone has the power to declare a national or foreign war. It cannot declare...
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