Author: William Rawle
Publisher: Theclassics.Us
Published: 2013-09
Total Pages: 94
ISBN-13: 9781230432984
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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1825 edition. Excerpt: ... APPENDIX, No. I. IT escaped attention till it was too late for the body of the work, that among the restrictions we ought to have adverted to the subject of treason, and the corruption of blood. Treason is the single crime defined in the constitution, and it consists only " in levying war against the "United States, or in adhering to their enemies, giv"ing them aid and comfort." The term "levying "war" is understood to have been taken from the English statute of 25th Edward III., and is to receive the same construction with us which is given to it in that country. The war which is spoken of, embraces both hostilities from abroad and internal rebellion. An insurrection, the object of which was to suppress an office of excise established under a law of the United States, and the marching with a party in arms to the house of the ex* cise officer and committing acts of violence and outrage there, with a view by force and intimidation to prevent the execution of the law, has been held to amount to a levying of war against the United States. (153) A conspiracy to subvert by force the government of the United States, violently to dismember the union, to coerce repeal of a general law, or to revolutionize a territorial government by force if carried into effect, by (153) United States Vigol, 2 Dallas, 346. United States v. Mitchell, ib. 348. embodying and assembling a military body in a military posture is an overt act of levying war, and not only those who bear arms, but those who perform the various and essential parts which must be assigned to different persons for the purpose of prosecuting the war, are guilty of the crime. (154) Similar acts committed against the laws or government of a particular state, are punishable according to the laws...
