...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,...Government were foreign enemies invading the land." tution. The Constitution confers on the President the whole Executive power. He is bound to take care...

...the courts of justice can not be kept open, civil war exists, and hostilities may be prosecuted on 47 the same footing as if those opposing the Government were foreign enemies invading the laud.'" But when the military power is acting under the Constition in aid of the civil power, and the...

...commander-in-chief. 34 By the Constitution, said Mr. Justice Grier, in the Prize Cases (2 Black., 035), Congress alone has the power to declare a national or foreign war. It eannot declare war against a State, or any number of States, by virtue of any clause in the Constitution....

...been a justification for it. Only a condition of war would be. "When the regular course of justice is interrupted by revolt, rebellion, or insurrection, so that the courts of justice can not be kept open, civil war exists, and hostilities may be prosecuted on 47 the same footing as...

...foreign enemies invading the land. The exact language is as follows : — When the course of justice is interrupted by revolt, rebellion, or insurrection,...government were foreign enemies invading the land. It became, therefore, the highest duty of the President to make immediate provision for Southern military...

...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,...opposing the government were foreign enemies invading the hind. When Judge Black wrote his opinion, revolt was already rife in South Carolina, and was rapidly...

...229 The Supreme Court had decided, during the war, — in the prize cases,1 — that in a civil war "hostilities may be prosecuted on the same footing...government were foreign enemies invading the land." The public law thus asserted was but an application to a given case of the views uniformly held by...

...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,...government were foreign enemies invading the land." "It is not the less a civil war with belligerent parties in hostile array, because it may be called...

...been a justification for it. Only a condition of war would be. "When the regular course of justice is interrupted by revolt, 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...

...been a justification for it. Only a condition of war would be. " When the regular course of justice is interrupted by revolt, 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...