 | Law - 1904 - 1032 pages
...of its existence, as found in the writing of the sages of the common law, may be summarily stated: When 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... | |
 | John Bassett Moore - International law - 1906 - 1132 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,... | |
 | John Bassett Moore - International law - 1906 - 1136 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 logins by insurrection against the lawful authority of the Government,... | |
 | United States - 1906 - 1132 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,... | |
 | John Cadwalader - Admiralty - 1907 - 736 pages
...the restoration of the constitutional authority of their Government. The rule of the common law is, that, when the regular course of justice is interrupted...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... | |
 | Edgar S. Dudley - Courts-martial - 1907 - 750 pages
...Constitution are for the time being set aside, and the civilian may be tried by military commission. When the regular course of justice is interrupted...Government were foreign enemies invading the land. But when the i Birkhimer's Military Government and Martial Law, 2d Ed., Sec. 436 2 Pomeroy, Const.... | |
 | New York (State). Court of Appeals - Law reports, digests, etc - 1907 - 594 pages
...it by either party; and this is true both of a civil and a foreign 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 (2 Black, Prize Cases, 667, 668). It is further held, by the same authorities,... | |
 | Albert H. Putney - Law - 1908 - 386 pages
...its existence, as found in the writings of the sages of the common law, may thus be 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... | |
 | Albert Hutchinson Putney - Law - 1908 - 396 pages
...actual existence is a fact in our domestic history which the court is bound to notice and know. tion, so that the courts of justice cannot be kept open,...government were foreign enemies invading the land.' "By the Constitution, Congress alone has the power to declare a national or foreign war. It cannot... | |
 | Army Service Schools (U.S.) - Martial law - 1911 - 314 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...Government were foreign enemies invading the land'." By the Constitution, the power to declare a national or foreign war resides in Congress alone. But... | |
| |
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... 
