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" Foster, is rendered the more certain by a reference to the case in the State Trials from which the extracts are taken. The words used by the Chief Justice are, "when men form themselves into a body, and march, rank and file, with weapons offensive and... "
A Complete Collection of State Trials and Proceedings for High Treason and ... - Page 535
1816
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Reports of the Trials of Colonel Aaron Burr (late Vice President ..., Volume 1

David Robertson - Burr Conspiracy, 1805-1807 - 1808 - 618 pages
...must be proved under an indictment for levying war. The opinion of the chief justice was as follows: " When men form themselves into a body and march rank...with weapons offensive and defensive, this is levying war with open force, if the design be public.'' " When a ship is armed with guns, &c., and doth appear...
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Reports of the Trials of Colonel Aaron Burr: (late Vice President ..., Volume 2

Aaron Burr - Burr Conspiracy, 1805-1807 - 1808 - 552 pages
...case in the Slate Trials from which the extracts are taken. The words used by the chief justice are " when men form themselves into a body and march rank...with weapons offensive and defensive, this is levying of war with open force, if the design be public." Mr. Phipps, the counsel for the prisoner, afterwards...
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Reports of the Trials of Colonel Aaron Burr (late Vice President ..., Volume 2

Burr Conspiracy, 1805-1807 - 1808 - 652 pages
...case in the State Trials from which the extracts are taken. The words used by the chief justice are " when men form themselves into a body and march rank...file with weapons offensive and defensive, this is Jewing ot war with open force, if the design be public." Mr. Phipps, the counsel for the prisoner,...
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Cobbett's Complete Collection of State Trials and Proceedings for ..., Volume 13

Thomas Bayly Howell, Thomas Jones Howell - Law reports, digests, etc - 1812 - 754 pages
...and others, which ray lord Coke cites, the agreeing to rise and pull down inclosures, and meeting and providing arms for that purpose, is agreed not to...no more treason than it was in that case. LCJ When meu form themselves into * body, and march rank and file with weapons offensive and defensive,* this...
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Reports of Cases Argued and Adjudged in the Supreme Court of the ..., Volume 4

United States. Supreme Court, William Cranch - Law reports, digests, etc - 1812 - 516 pages
...case in the State Trials from which the extracts are taken. The words used by the chief justice are, " When men form themselves into a body, and march rank...with weapons offensive and defensive, this is levying of war with open force, if the design be public." Mr. Phipps, the counsel for the prisoner, afterwards...
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The Writings of John Marshall, Late Chief Justice of the United States, Upon ...

John Marshall - Constitutional law - 1839 - 762 pages
...479. in the State Trials from which the extracts are taken. The words used by the chief justice are, " When men form themselves into a body, and march rank...with weapons offensive and defensive, this is levying of war with open force, if the design be public." Mr. Phipps, the counsel for the prisoner, afterwards...
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Annals of the Congress of the United States, Volume 1; Volume 17

United States. Congress - Law - 1852 - 772 pages
...case in the State Trials from which the extracts are taken. The words used by the Chief Justice are, "when men form themselves into a body, and march,...with weapons offensive and defensive, this is levying of war with open force, if the design be public." Mr. Phipps, the counsel for the prisoner, afterwards...
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The Constitutional Decisions of John Marshall, Volume 1

John Marshall - Political Science - 1905 - 518 pages
...case in the State Trials from which the extracts are taken. The words used by the chief justice are, " When men form themselves into a body, and march rank...with weapons offensive and defensive, this is levying of war with open force, if the design be public." Mr. Phipps, the counsel for the prisoner, afterwards...
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