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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... "
The North American Review - Seite 288
1922
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Treason and Rebellion: Being in Part the Legislation of Congress and of the ...

1863 - 76 Seiten
...guilt of treason. " If war be actually levied," says Chief Justice Marshall, * See Note A, Appendix. " that is, if a body of men be actually assembled for...effecting by force a treasonable purpose, all those who perform any part, however minute, or however remote from the scene of action, and who are actually...
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Trial of the Conspirators, for the Assassination of President Lincoln, &c ...

John Armor Bingham - 1865 - 128 Seiten
...Roscoe, 84.) In Ex parte Bollman and Swartwout, 4 Cranch, 126, Marshall, Chief Justice, rules: ' ' If war be actually levied — that is, if a body of...effecting, by force, a treasonable purpose, all those who perform any part, however minute, or however remote from the scene of action, and who are actually...
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The Assassination of President Lincoln and the Trial of the Conspirators ...

1865 - 444 Seiten
...Roscot, 84. In Ex parte Bollman and Swarturout, 4 Cranch, 12>3, Marshall, Chief Justice, rules : •' 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...
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Commentaries on the Criminal Law, Band 2

Joel Prentiss Bishop - 1865 - 806 Seiten
...somewhat difficult United States at Boston, employed the following language : "It is settled, that, if a body of men be actually assembled for the purpose of effecting a treasonable purpose by force, that is levying war. But tt must be an assemblage in force, a military...
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Beadle's Monthly, Band 1

1866 - 584 Seiten
...Marshall, in administering this act, thus interpreted it : " It is not the intention of the courts to say that no individual can be guilty of this crime...be actually levied ; that is, if a body of men be actuallyassembled for the purpose of effecting by force a treasonable purpose — all those who perform...
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Commentaries on the Laws of England: In Four Books, Band 2

William Blackstone, George Sharswood - 1866 - 780 Seiten
...of men for a purpose treasonable in itself, or the fact of levying war cannot have been committed. If war be actually levied, — that is, if a body...effecting by force a treasonable purpose, — all those who perform any part, however minute, or however remote from the' scene of action, and who are actually...
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Annual Reports of the War Department, Teil 2

United States. War Department - 1866 - 436 Seiten
...Roscoe, 84.) In Ex parte Bollman and Swartwout, 4 Cranch, 126, Marshall, Chief Justice, rules: "I-~ 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 ":....,._...
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A Narrative of Andersonville: Drawn from the Evidence Elicited on the Trial ...

Ambrose Spencer - 1866 - 294 Seiten
...97 ; Eoscoe, 84). In ex parie Bollman and Swartwout, 4 Crancb, 126, Marshall, chief justice, rules, "If war be actually levied — that is, if a body of men are actually assembled for the purpose of effecting by force, for treasonable purpose, all those who...
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House Documents, Otherwise Publ. as Executive Documents: 13th ..., Band 8

United States. Congress. House - 1868 - 902 Seiten
...97 ; Roscoe, 84.) In ex parte Hollinan and Swartwout, 4 Cranch, 126, Marshal. Chief Justice, rates: "If war be actually levied, that is, if a body of...effecting, by force, a treasonable purpose, all those who perform any part, however minuî», or however remote from the scene of action, and who tire actually...
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Trial of Andrew Johnson: Opinions and appendix

Andrew Johnson - 1868 - 446 Seiten
...CODetitute a levying war. (Sprague, J., charge to grand jury; 23 Law Reporter, 705; ibid., 597, 601.) If war be actually levied, that is, if a body of men...effecting by force a treasonable purpose, all those who perform any part, however minute or however remote from the scene of action, and who are actually...
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