f forcible opposition." Of course the court is to
determine the meaning of _force_; and using the same latitude of
construction as in interpreting _levying war_, it would mean, a
_word_, a _look_, a _thought_, a _wish_, a _fancy_ even.
Mr. Ludlow enforced the same opinions, relying in part on the old
tyrannical decisions of the British courts in the ages of despotism,
and on the opinion of Judge Chase--who had derived his law of treason
from that source, and was impeached before the American Senate for his
oppressive conduct while judge in the very trials whence these
iniquitous doctrines were derived! But Mr. Ludlow says "if a _spurious
doctrine have been introduced into the common law ... it would require
great hardihood in a judge to reject it_." So the jury must accept "a
spurious doctrine" as genuine law!
"In treason, all the _participes criminis_ are principals; there are
no accessaries to this crime. Every act which ... would render a man
an _accessary_ will ... make him a _principal_." "If any man joins and
acts with an assembly of people, _his intent is always to be
considered ... the same as theirs; the law ... judgeth of the intent
by the Fact_." This was Judge Kelyng's "law."
"It may be ... advanced that because Hanway was not armed, he was not
guilty. It is perfectly well settled that _arms are not necessary_."
"Military weapons ... are not necessary ... to a levying war." "This
is the opinion of Judge Chase," and "it may be alleged that Judge
Chase was impeached, and that [therefore] his opinions are of little
weight. Whatever may have been the grounds of that impeachment, _it is
not for us to discuss_."
"If a body of men be assembled for the purpose of effecting a
treasonable object [that is, 'to oppose the execution of a public
statute,' no matter what or how] _all those who perform any part,
however minute, or however remote from the scene of action ... are
equally traitors_."
Mr. Brent, the Maryland State Attorney, whom Mr. Webster had sent
there, declared that "_any combination_ like this, of colored and
white persons, _to prevent the execution of the Fugitive Slave Law, is
treason_."
Mr. Cooper, the Pennsylvania Senator, adds, "Castner Hanway ... having
been present ... at the time the overt act was committed, he is a
principal ... provided he was there aiding and abetting the objects of
the confederated parties." "_Persons_ procuring, contriving, or
_consenting_, come within the words
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