Treason And Rebellion Being in Part the Legislation of Congress And of the St
Treason And Rebellion Being in Part the Legislation of Congress And of the St
United States. Circuit Court (4th Circuit)
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Is it so that a man who incites, puts on foot, engages in an insurrection, is not a traitor ? Mr. CLARK. It may be. Mr. WADE. No, sir, it cannot be so. He is a principal traitor. The man who aids, incites, abets, stirs up, or in any manner assists a rebellion is as much a prin cipal traitor as he who goes to battle with arms in his hands. There is no differ ence between the first section and the second section as to the crime which each attempts to define. Both these sections aim to punish prec...isely the same thing, but with different punishments ; and it would be an anomaly in law to have such an absurdity upon our statute book. * * * * * * * The absurdity is that you undertake to make two different offenses out of one and precisely the same thing, and to affix different pun ishments for that which is the same. I do not think that a bill so vague, so indefinite, and with such a confusion of ideas running through it, ought to be per mitted to go upon the statute book. Mr. CLARK. I think that when the Senator considers the bill a little further, he will come to a different conclusion in regard to it.
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