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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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Great Debates in American History: Civil rights, part 1

Marion Mills Miller - Civil rights - 1913 - 498 pages
..."insurrectionary party" into a "belligerent"? I answer, in the language of the Supreme Court, when in fact ' ' the regular course of justice is interrupted by revolt,...so that the courts of justice cannot be kept open." When, in law, does a revolt become civil war? I answer, in the language of Wheaton, when "the insurrection...
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Ruling Case Law: As Developed and Established by the Decisions ..., Volume 15

William Mark McKinney - Law - 1917 - 1204 pages
...the existence of civil war, as found in the writings of the common law, may be thus summarily stated: "When the regular course of justice is interrupted...government were foreign enemies invading the land." ** In the war of the rebellion the United States sustained the double character of a belligerent and...
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A Treatise on the Law of Insurance of Every Kind, Volume 1

Joseph Asbury Joyce - Insurance law - 1917 - 1252 pages
...by either party, and this is true both of a civil and foreign war, and that a civil war exists and may 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 so that the courts cannot...
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University of Illinois Studies in the Social Sciences, Volume 9

Social sciences - 1921 - 760 pages
...is bound to notice and to know. 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." The Court held that the question of fact as to when an insurrection has reached such alarming proportions...
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Prize Cases Decided in the United States Supreme Court, 1789-1918 ..., Volume 3

United States. Supreme Court - Awards and Prizes - 1923 - 786 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. 7. The present civil war between the United States and the so-called Confederate...
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California Law Review, Volume 12

Electronic journals - 1924 - 580 pages
...territory, because it is claimed and held in possession by an organized, hostile, and belligerent power."2" "When the regular course of justice is interrupted...opposing the Government were foreign enemies invading the land."21* "There is a very great distinction between insurrection and war. It is this: war is an act...
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National University Law Review, Volume 6

Law - 1926 - 666 pages
...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.' "" The nature of belligerent rights finds elucidation in another of the cases originating in the Civil...
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Judicial Interpretation of International Law in the United States

Charles Pergler - Aliens - 1928 - 244 pages
...existence, as found in the writings of the sages of the common law, may thus be summarily stated: [52] "When the regular course of justice is interrupted...government were foreign enemies invading the land." 91 The nature of belligerent rights finds elucidation in another of the cases originating in the Civil...
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Das Staatsarchiv: Sammlung der offiziellen Aktenstücke zur ..., Volumes 8-9

Ludwig Karl Aegidi, Alfred Klauhold, Hugo Kremer (Ritter von Auenrode), Hans Delbrück, Gustav Roloff, Friedrich Thimme - History, Modern - 1865 - 874 pages
...existence, as found in the writings of the sagos of the common law, may be thus summarily stated: — ,When the regular course of justice is interrupted...government were foreign enemies invading the land.' 5] „By the Constitution. Congress alone has the power to declare a national or foreign war. It cannot...
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University of Illinois Studies in the Social Sciences, Volume 9

1921 - 776 pages
...is bound to notice and to know. 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. ' ' The Court held that the question of fact as to when an insurrection has reached such alarming proportions...
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