 | William Whiting - Executive power - 1871 - 736 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...so that the courts of justice cannot be kept open, ciril war exists, and hostilities may be prosecuted on the same footing as if those opposing the government... | |
 | Isaac Grant Thompson - Law reports, digests, etc - 1871 - 670 pages
...independent powers. They may exist between the parties to a civil war. * * * A civil war exists whenever the regular course of justice is interrupted by revolt, rebellion, or insurrection, so that the courts cannot be kept open." Swinton v. Col. Ins. Co., 37 NY 178; "Prize Cases," 2 Black, 667, 668. It is... | |
 | Great Britain - Alabama claims - 1872 - 972 pages
...existence, as fouiid 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... | |
 | United States. Congress. House - United States - 1872 - 1016 pages
...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...insurrection, so that the courts of justice cannot bo kept open,</ri/ irar exints, and hostilities may bo prosecuted on the same footing as if the!*1... | |
 | George Washington Julian - History - 1872 - 512 pages
...prosecuted, on the same footing as if those opposing the government were foreign invaders, whenever the regular course of justice is interrupted by revolt, rebellion, or insurrection, so that the courts cannot be kept open ; " and that " the present civil war between the United States and the so-called... | |
 | William Wait - Civil procedure - 1872 - 950 pages
...by either party, and this is true both of a civil and a foreign war. A civil war exists whenever the course of justice is interrupted by revolt, rebellion or insurrection, so that the courts cannot be kept open. Swinnerton v. Columbia Ins. Co., 37 N. Y. (10 Tiff.) 174, 178 ; Robinson v. International... | |
 | Adolphe de Pineton marquis de Chambrun - Constitutional history - 1874 - 318 pages
...existence are found in the writings of the sages of the common law, and may be thus summarily stated: ' "When the regular course of justice is interrupted...government were foreign enemies invading the land.'" " By the Constitution," adds the Supreme Court, " Congress alone has the power to declare a national... | |
 | Henry Wager Halleck - War - 1878 - 588 pages
...prosecuted on the same footing, as if those opposing the Government were foreign invaders, whenever the regular course of justice is interrupted by revolt, rebellion, or insurrection, so that the courts cannot be kept open. — Prize Cases, 2 Black., 635. No formal declaration of war by the President... | |
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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... 
