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" To constitute a levying of war, there must be an assemblage of persons for the purpose of effecting by force a treasonable purpose. Enlistment of men to serve against Government IB not sufficient. "
A Digested Index to the Modern Reports, of the Courts of Common Law, in ... - Seite 373
von Nicholas Baylies - 1814
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Reports of Cases Argued and Adjudged in the Supreme Court of the ..., Band 4

United States. Supreme Court, William Cranch - 1812 - 516 Seiten
...Rogers, 165 TERRITORIES OF THE UNITED STATES. See Trial, 2- Jurisdiaion, 14. Treason, 3. TREASON. 1. To constitute a levying of war there must be an assemblage...purpose. Enlistment of men to serve against government is net sufficient. Ex pane Bollman and Swarfwout, • 75 2. When war is levied, all those who perform...
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A Practical Treatise Upon the Authority and Duty of Justices of ..., Teil 261

Daniel Davis - 1828 - 512 Seiten
...States, the following points have been decided. 1 . There must be an assemblage of persons- for the effecting by force a treasonable purpose ; enlistment of men to serve against the government is not sufficient.* 2.- An assemblage of men to revolutionize by force the government...
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Outlines of the Constitutional Jurisprudence of the United States: Designed ...

William Alexander Duer - 1833 - 264 Seiten
...But a mere conspiracy for any such purpose, unaccompanied .' by any overt act, is riot Treason ; and to constitute a "levying of war," there must be an assemblage of persons with intent to effect by force a treasonable purpose ; but • the mere enlistment of men for' such...
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The Magistrate's Criminal Law: A Practical Treatise on the Jurisdiction ...

Oliver Lorenzo Barbour - 1841 - 834 Seiten
...England and this country to have been used in the statute 25 Edw. III. from which it was borrowed. (f) There must be an assemblage of persons for the purpose...treasonable purpose. Enlistment of men to serve against the government is not sufficient.^) But the meeting of particular bodies of men, and their marching...
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The Family Library (Harper)., Band 160

1845 - 436 Seiten
...crime.* But a mere conspiracy for any such purpose, unaccompanied by any overt act, is not treason ; and to constitute a " levying of war," there must be an assemblage of persons, with intent to effect by force a treasonable purpose.f The mere enlistment of men for the purpose is...
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The Law of Magistrates and Constables in the State of South-Carolina ...

Benjamin Chaplin Pressley - 1848 - 552 Seiten
...conspiracy to subvert by force, the government of the country, is not treason. Ex parte Bollman dc Swart. To constitute a levying of war, there must be an assemblage of persons, designed to affect by force a treasonable purpose. The mere enlistment of men for such a purpose is...
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Reports of Criminal Law Cases: Decided at the City-hall of the City ..., Band 2

Jacob D. Wheeler - 1851 - 704 Seiten
...decided in the supreme court of the United States, 4 Cranch, 75. to 137. that to constitute a levying war, there must be an assemblage of persons, for the...purpose of effecting, by force, a treasonable purpose ; and when war is actually levied, all those who perform any part, hoverer minute, and hmcercr remote...
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The Life and Times of Thomas Wilson Dorr: With Outlines of the Political ...

Dan King - 1859 - 376 Seiten
...maliciously and traitorously done. To constitute a levying of war, as it was held in 4 Cranch, 75, &c., there must be an assemblage of persons for the purpose...men to serve against government is not sufficient. It i» riot treason, it thus seems, to enlist men for service, even against a lawful government ; much...
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Reports of Decisions Rendered in the Circuit and District Courts of ..., Band 2

United States. Circuit Courts, Benjamin Vaughan Abbott - 1871 - 648 Seiten
...rebellion may sustain a conviction under that clause of the definition which relates to levying war. Ib. 4. To constitute a levying of war, there must be an assemblage of people with force and arms, to overthrow the government or resist the laws. Ib. 5. Where war has been...
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Notes of Constitutional Decisions: Being a Digest of the Judicial ...

Orlando Bump - 1878 - 474 Seiten
...levying war, must be an assemblage in force. US v. Burr, 2 Burr's Trial, 401 ; US v. Hoxie, 1 Paine, 265. To constitute a levying of war there must be an assemblage of persons in force to overthrow the Government or coerce its conduct. The words embrace not only those acts by...
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