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" It is not the intention of the court to say that no individual can be guilty of this crime who has not appeared in arms against his country. On the contrary, if war be actually levied, that is, if a body of men be actually assembled for the purpose of... "
Commentaries on the constitution of the United States - Page 541
by Joseph Story - 1851
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Eloquence of the United States, Volume 4

Speeches, addresses, etc., American - 1827 - 536 pages
...leagued in the general conspiracy, shall be considered as a traitor." The import of these words, " perform any part, however minute or however remote from the scene of action," as meant by the supreme court, has certainly been misunderstood by gentlemen. Does the opinion of the...
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The Knickerbocker: Or, New-York Monthly Magazine, Volume 60

Charles Fenno Hoffman, Timothy Flint, Lewis Gaylord Clark, Kinahan Cornwallis, John Holmes Agnew - American periodicals - 1862 - 628 pages
...States, t ' if war be actually levied, that is, if a body of men actually assembled for the purpose of effecting by force a treasonable purpose, all those...general conspiracy, are to be considered as traitors.' By thus committing treason, the party has broken his original bond of allegiance, and forfeited his...
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Reflections on the trial of the prince de Polignac and his colleagues ...

sir William Shee - 1836 - 160 pages
...Rep. 553. contrary, if war be actually levied, that is, if a body of men be actually assembled for the purpose, all those who perform any part, however minute,...considered as traitors. But there must be an actual assembly of men for the treasonable purpose to constitute a levying of war. The other part of the clause...
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Reflections on the Trial of the Prince de Polignac and His Colleagues: The ...

William Shee - France - 1836 - 154 pages
...1807. contrary, if war be actually levied, that is, if a body of men be actually assembled for the purpose, all those who perform any part, however minute,...leagued in the general conspiracy, are to be considered aa traitors. But there must be an actual assembly of men for the treasonable purpose to constitute...
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A Practical Abridgment of American Common Law Cases Argued and ..., Volume 8

Jacob D. Wheeler - Common law - 1836 - 624 pages
...contrary, if war be actually levied, that is, if a body of men be actually' assembled for the purpose of effecting by force a treasonable purpose, all those...remote from the scene of action, and who are actually league;! in the general conspiracy, are to be considered as traitors. But there must be an actual assembling...
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The Writings of John Marshall, Late Chief Justice of the United States, Upon ...

John Marshall - Constitutional law - 1839 - 762 pages
...contrary, if war be actually levied, that is, if a body of men be actually assembled in order to effect by force a treasonable purpose, all those who perform any part, however minute, &c., and who are actually leagued in the general conspiracy, are traitors. But there must be an actual...
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A Familiar Exposition of the Constitution of the United States: Containing a ...

Joseph Story - Constitutional law - 1840 - 394 pages
...interpretation of these phrases in the administration of criminal law, which has prevailed for ages. ยง 405. The other part of the clause, requiring the testimony of two witnesses to the same overt act, or a confession in open court, to justify a conviction, is founded upon the same reasoning....
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Report of the Trial of Thomas Wilson Dorr, for Treason Against the State of ...

Joseph Story Pitman - Dorr Rebellion, 1842 - 1844 - 142 pages
...if a body of men be actually assembled for the purpose of effecting by force, a treasonable object, all those who perform any part, however minute, or...leagued in the general conspiracy, are to be considered traitors. Both circumstances, says Judge Marshall, must concur. They must perform a part which will...
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Report of the Trial of Thomas Wilson Dorr, for Treason Against the State of ...

Joseph Story Pitman - Dorr Rebellion, 1842 - 1844 - 142 pages
...if a body of men be actually assembled for the purpose of effecting by force, a treasonable object, all those who perform any part, however minute, or however remote from the scene of 127 action, and who are actually leagued in the general conspiracy, are to be considered traitors....
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Historia Placitorum Coronae: The History of the Pleas of the Crown, Volume 1

Sir Matthew Hale - Pleas of the crown - 1847 - 784 pages
...if a body of men be actually assembled for the purpose of effecting by force a treasonable object, pp. 288. 714. In a late case, (Commonwealth v. Mailer,) belbre the Supreme Court of Pennsylvania, the Ex pertc Bollman if Swartwovt, 4 Cranch, 126. If an army should be actually raised for the avowed purpose...
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