Remarks of the Hon B F Thomas of Massachusetts On the Relation of the Sece

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Remarks of the Hon B F Thomas of Massachusetts On the Relation of the Sece
Benjamin Franklin Thomas
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^ •""'' "^^ '^^d by a i'-e been commit^ "^The, " T° "" "'^^"^ «'-" ex, le. Where war is actualhl I "''"P" "'■" ^e by States, where bodies of m 'L It '»""'"' *« ^nitel Wed to effect by force of arms tl "''"'"^ "^^^■»- Poses, all those who perform " ' '^''^''^^able pur- "^^ however remote frlm tl '' '"'''' '^°'^'''-^^- ™innte -e actually leagued in the tnlrir '""°"' '^"'' "'- oeneial conspiracy, are to be 25 considered as traitors (E, v jmrte Bolman, &c. , 4 Cranch, 75). We have not, indeed, adop...ted the law of con- structive presence, which holds that a man who incites or procures 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 co-operate with any act of hostility, or furnish counsel and assistance to the parties if attacked (United States vs. Burr, 4 Cranch, 470). The modern facilities of communication greatly enlarge the field of co-operation.

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