| Isaac Grant Thompson - 1871 - 670 páginas
...independent powers. They may exist between the parties to a civil 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." Swinton v. Col. Ins. Co., 37 NY 178; "Prize Cases," 2 Black, 667, 668. It is... | |
| Great Britain - 1872 - 972 páginas
...existence, as fouiid 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, Congress alone has the power to declare a national or foreign war. It cannot... | |
| United States. Congress. House - 1872 - 1016 páginas
...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...insurrection, so that the courts of justice cannot bo kept open,</ri/ irar exints, and hostilities may bo prosecuted on the same footing as if the!*1... | |
| Lewis Hamilton Bond, United States. Courts of Justice. Circuit Courts - 1872 - 694 páginas
...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...rebellion, or insurrection, so that the courts of justice can not be kept open, civil war exists, and hostilities may be prosecuted on the same footing as if... | |
| George Washington Julian - 1872 - 512 páginas
...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 ; " and that " the present civil war between the United States and the so-called... | |
| William Wait - 1872 - 950 páginas
...by either party, and this is true both of a civil and a foreign war. A civil war exists whenever the course of justice is interrupted by revolt, rebellion or insurrection, so that the courts cannot be kept open. Swinnerton v. Columbia Ins. Co., 37 N. Y. (10 Tiff.) 174, 178 ; Robinson v. International... | |
| Adolphe de Pineton marquis de Chambrun - 1874 - 318 páginas
...existence are found in the writings of the sages of the common law, and may be thus summarily stated: ' "When the regular course of justice is interrupted...government were foreign enemies invading the land.'" " By the Constitution," adds the Supreme Court, " Congress alone has the power to declare a national... | |
| Henry Wager Halleck - 1878 - 588 páginas
...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. — Prize Cases, 2 Black., 635. No formal declaration of war by the President... | |
| Boston (Mass.) - 1879 - 92 páginas
...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... | |
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