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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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Commentaries on the Criminal Law, 2. köide

Joel Prentiss Bishop - 1865 - 806 lehte
...States, " 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...general conspiracy, are to be considered as traitors." l § 1206 [1037]. Still, even in this class of cases, while the opinion has sometimes been expressed...
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Trial of the Conspirators, for the Assassination of President Lincoln, &c ...

John Armor Bingham - 1865 - 128 lehte
...' ' 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...general conspiracy, are to be considered as traitors." In United States vs. Cole et cd., 5 McLean, 601, Mr. Justice McLean says: " A conspiracy is rarely,...
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The Constitutional Text Book: A Practical and Familiar Exposition of the ...

Furman Sheppard - 1865 - 340 lehte
...aid and comfort. able purpose, in order to constitute a levying of war. If war be actually levied, all those who perform any part, however minute, or...however remote from the scene of action, and who are really leagued in the general attempt, are to be considered as traitors. § 536. Treason is the highest...
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A Familiar Exposition of the Constitution of the United States: Containing a ...

Joseph Story - 1865 - 384 lehte
...interpretation of these phrases in the administration of criminal law, which has prevailed for ages. § 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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The Assassination of President Lincoln and the Trial of the Conspirators ...

1865 - 444 lehte
...: •' If war be actually levied— that is, if a body of men be acluMly assembled, for the purpose of effecting, by force, a treasonable purpose, all those who perform any part, howcerr minute, or how•*irr r'mole from the »cene of action, and who arc actually leagued in the...
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The Assassination of President Lincoln and the Trial of the Conspirators ...

1865 - 504 lehte
...words of Chief Justice Marshall, before cited, that whoever leagued in a general conspiracy, performed any part, however MINUTE, or however REMOTE, from the scene of' action, are guilty as principals. In this treasonable conspiracy, to aid the existing armed rebellion, by murdering...
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Commentaries on the Laws of England: In Four Books, 2. köide

William Blackstone, George Sharswood - 1866 - 780 lehte
...committed. 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...treasonable purpose to constitute a levying of war. Ex parte Bollman, 4 Cranch, 126. United States vs. Burr, ibid. 409. People vs. Lynch, 1 Johns. 553....
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A Narrative of Andersonville: Drawn from the Evidence Elicited on the Trial ...

Ambrose Spencer - 1866 - 294 lehte
...levied — that is, if a body of men are actually assembled for the purpose of effecting by force, for treasonable purpose, all those who perform any part,...general conspiracy, are to be considered as traitors." In the United States vs. Cole et al., 5 McLean, 601, Mr. Justice McLean says : "A conspiracy is rarely,...
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Annual Reports of the War Department, 2. osa

United States. War Department - 1866 - 436 lehte
...war be actually levied — that is, if a body of men be actually assembled for the purpo"effscting, by force, a treasonable purpose — all those who perform any part — however ":....,._ however remote from the scene of acttoa, and who are actually leagued intV- , ."' , *. spiracy,...
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History of the state during the war, and the lives of her generals

Whitelaw Reid - 1868 - 1172 lehte
...cogency. '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...general conspiracy, are to be considered as traitors.' 4 C'ranch, 120." lu Eulogizing the Generals in command (Burnside and Cox), lie then asked: "Why are...
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