 | Boston (Mass.) - Boston (Mass.) - 1879 - 92 pages
...the Supreme Court of the United States held, in 1863, in the case of the Hiawatha, "that where the course of justice is interrupted by revolt, rebellion,...those opposing the government were foreign enemies. All persons residing in the insurgent States are liable to be treated as enemies. . . . They are none... | |
 | United States. Supreme Court - Law reports, digests, etc - 1879 - 790 pages
...may exist where one of the belligerents claims sovereign rights against the other, the rule being, that when the regular course of justice is interrupted...insurrection, so that the courts of justice cannot be open, civil war exists, and hostilities may be prosecuted to the same extent as in public war. Prize... | |
 | Robert Desty - Admiralty - 1879 - 584 pages
...declaration;2 it can only be entered into and carried on by national authority.8 Civil war exists whenever the regular course of justice is interrupted by revolt, rebellion, or insurrection,* or When one portion of an empire rises up against another, and no longer obeys its sovereign.6 The... | |
 | United States, Robert Desty - Constitutional law - 1884 - 522 pages
...land and water ; War is that state in which a nation prosecutes its rights by force.1 Civil war exists when the regular course of justice is interrupted by revolt, rebellion, or insurrection.3 "To declare " may be as well by a formal recognition as by a declaration in advance.3... | |
 | David Dudley Field - Law - 1884 - 604 pages
...the sages of the common law, may be thus summarily stated: ' When the regular course of justice ia interrupted by revolt, rebellion, or insurrection, so that the courts of justice can not be kept open, ciml war exists, and hostilities may be prosecuted on the same footing as if... | |
 | Law reports, digests, etc - 1885 - 890 pages
...order to dismember and destroy it, is not war, because it is an insurrection." And again the court say: "When the regular course of justice is interrupted...be kept open, civil war exists, and hostilities may Ьз prosecuted on the same footing as if those opposing the government were foreign enemies invading... | |
 | Francis Wharton - Government publications - 1886 - 858 pages
...be 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. Civil war begins by insurrection against the lawful authority of the Government,... | |
 | United States. Supreme Court, Samuel Freeman Miller - Law reports, digests, etc - 1887 - 996 pages
...fact in the domestic history of the country of which the courts must take judicial notice. 6. 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, and hostilities may be prosecuted on the same... | |
 | Law reports, digests, etc - 1888 - 864 pages
...of civil war, as foand in the writings of the sages of the common law, may be thus eonmarily stated: 'When the regular course of justice is interrupted...government were foreign enemies invading the land.' .... " It is not the less a civil war with belligerent parties in hostile array, because it may be... | |
 | Law reports, digests, etc - 1888 - 884 pages
...a fact which a court is bound to notice and to know. Its true test is to bo 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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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... 
