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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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The American Law Register, Volume 2; Volume 11

Electronic journals - 1863 - 830 pages
...found in the writings of th( Vol. XI —22 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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The Law of Nations Affecting Commerce During War: With a Review of the ...

Francis Henry Upton - Capture at sea - 1863 - 542 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...
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The American Law Register, Volume 2

Law - 1863 - 832 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...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...
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The Law of Nations Affecting Commerce During War: With a Review of the ...

Francis Henry Upton - Capture at sea - 1863 - 536 pages
...military or naval forces." The court then proceeds to state : " The rule of the common law is, that 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...
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Speeches of Hon. William D. Kelley: Replies of the Hon. William D. Kelley to ...

William Darrah Kelley - United States - 1864 - 92 pages
...deciding the case of the claimants of the schooner Brilliant, etc., vs. the United States, declared that " when the regular course of justice is interrupted...Government were foreign enemies invading the land." Is not "the regular course of justice interrupted" in the rebellious States, "by revolt, rebellion,...
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The Wrong of Slavery, the Right of Emancipation, and the Future of the ...

Robert Dale Owen - History - 1864 - 260 pages
...there exists civil war. The opinion of the court, delivered in March of last year, is as follows : — "When the regular course of justice is interrupted...Government were foreign enemies invading the land."* When one nation is engaged in war against another, all the inhabitants of the latter, without regard...
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War Powers Under the Constitution of the United States

William Whiting - Executive power - 1864 - 376 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...
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The Debates of the Constitutional Convention of the State of Maryland, Volume 1

Maryland. Constitutional Convention, William Blair Lord, Henry Martyn Parkhurst - Constitutional conventions - 1864 - 744 pages
...to be overthrown and destroyed. In other words, bellifferentnghts and powers only exist "so long as the regular course of justice is interrupted by revolt, rebellion, or insurrection, so that the courts cannot be kept open." As soon as the Federal Government reasserts its authority, it ceases, in reference...
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House Documents, Otherwise Publ. as Executive Documents ..., Volume 1, Part 1

United States. Congress. House - United States - 1866 - 756 pages
...the writings of the sages of the common law, may be thus primarily stated: when the regular course ot justice 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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The History of Abraham Lincoln, and the Overthrow of Slavery

Isaac N. Arnold - Dummies (Bookselling) - 1866 - 748 pages
...judicially 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,...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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