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" The true test of 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 by revolt, rebellion, or insurrection, so that the courts of justice cannot be kept... "
House Documents, Otherwise Publ. as Executive Documents: 13th Congress, 2d ... - Page 542
by United States. Congress. House - 1866
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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 Law of Nations Affecting Commerce During War: With a Review of the ...

Francis Henry Upton - Capture at sea - 1863 - 536 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,...opposing the government were foreign enemies invading the laud. The converse is also regularly true, so that when the ' courts of a government are open, it is...
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The American Law Register, Volume 2

Law - 1863 - 832 pages
...writings of the sages of the common law, may be thus»summarily stated : " When the regular course of justice is interrupted by revolt, rebellion, or insurrection,...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 Wrong of Slavery, the Right of Emancipation, and the Future of the ...

Robert Dale Owen - History - 1864 - 258 pages
...opinion of the court, delivered in March of last year, is as follows :— "When the regular course of justice is interrupted by revolt, rebellion, or insurrection,...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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Speeches of Hon. William D. Kelley: Replies of the Hon. William D. Kelley to ...

William Darrah Kelley - United States - 1864 - 92 pages
...of the schooner Brilliant, etc., vs. the United States, declared that " when the regular course of justice is interrupted by revolt, rebellion, or insurrection,...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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Papers Relating to Foreign Affairs, Accompanying the Annual ..., Volume 5

1866 - 706 pages
...kept open, ctvil war exists, and hostilities may he prosecuted on the same footing as if those opposmg the government were foreign enemies invading the land....war. It cannot declare war against a State, or any numher of States, hy virtue of any clanse in the Constitution. " The Constitution confers on the President...
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War Powers Under the Constitution of the United States

William Whiting - Executive power - 1864 - 376 pages
...interrupted by revolt, rebellion, or insurrection, so that the courts of justice cannot be kept open, ciril war exists, and hostilities may be prosecuted on the...government were foreign enemies invading the land." Uy the constitution, Congress alone has the power to declare a national or foreign war. It cannot declare...
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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
...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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Reports of Cases Argued and Determined in the Supreme Court of ..., Volume 23

Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - Law reports, digests, etc - 1865 - 722 pages
...this question. 2 Black's R. 635. Mr. Justice Grrier, in delivering the opinion of the court, said: "By the constitution, Congress alone has the power to declare a national or foreign war. It can not declare war against a state or any number of states, by virtue of any clause in the constitution....
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The History of Abraham Lincoln, and the Overthrow of Slavery

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