Remarks of Mr Thomas of Massachusetts On the Relation of the Seceded States
Remarks of Mr Thomas of Massachusetts On the Relation of the Seceded States
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Their only escape will be by exile. Where war is actually levied against the United States, where bodies of men have been actually assembled to effect by force of arms their treason- able purposes, all those who perform any part, liowever minute or however remote from the scene of action, and who are actually leagued in the gen- eral conspiracy, are to be considered as traitors. (Ex parte Bolman, &c. , 4 Cranch, 75. ) We have not indeed adopted the law of constructive pres- ence, which holds th...at a man who incites or pro- cures a treasonable act, is, by force of the incite- ment or procurement merely, legally present at the act. But it may be sufficient to constitute presence, if he is in a situation in which he can cooperate with any act of hostility, or furnish counsel and assistance to the parties if attacked. (United States vs. Burr, 4 Cranch, 470. ) The modern facilitiesof communication greatly enlarge the field of cooperation. A commander at the end of a telegraph wire, directing the assault upon a fort of the United States, or at a railroad station with troops ready to be moved to the assistance of the rebel army in action, is, in law, present at the overt acts of treason.
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To quickly assess the difficulty of the text, read a short excerpt:
Their only escape will be by exile. Where war is actually levied against the United States, where bodies of men have been actually assembled to effect by force of arms their treason- able purposes, all those who perform any part, liowever minute or however remote from the scene of action, and who are actually leagued in the gen- eral conspiracy, are to be considered as traitors. (Ex parte Bolman, &c. , 4 Cranch, 75. ) We have not indeed adopted the law of constructive pres- ence, which holds th...at a man who incites or pro- cures a treasonable act, is, by force of the incite- ment or procurement merely, legally present at the act. But it may be sufficient to constitute presence, if he is in a situation in which he can cooperate with any act of hostility, or furnish counsel and assistance to the parties if attacked. (United States vs. Burr, 4 Cranch, 470. ) The modern facilitiesof communication greatly enlarge the field of cooperation. A commander at the end of a telegraph wire, directing the assault upon a fort of the United States, or at a railroad station with troops ready to be moved to the assistance of the rebel army in action, is, in law, present at the overt acts of treason.
What to read after Remarks of Mr Thomas of Massachusetts On the Relation of the Seceded States?
You can find similar books in the "Read Also" column, or choose other free books by Benjamin Franklin Thomas to read onlineMoreLess
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