...of estate is permitted only during the lifetime of the person convicted. The penalty for treason i "On the contrary, if war be actually levied, that...purpose of effecting by force a treasonable purpose, all who perform any part, however minute, or however remote from the scene of action, and who are actually...

...committed. The actual enlistment of men to serve against the government does not amount to levying war. It is not the intention of the court to say that no...of this crime who has not appeared in arms against this country. On the contrary, if war be actually levied, that is, if a body of men be actually assembled...

...six months before, for their participation in Burr's expedition, Marshall had used this language : "It is not the intention of the Court to say that no individual can be guilty of this crime [treason] who has not appeared in arms against his country. On the contrary, if war be actually levied,...

...fact of levying war cannot have been committed." Ex parte Bollman. 4 Cr. 75, 126, Feb. Term, 1807.) "It is not the intention of the court to say, that...country. On the contrary, if war be actually levied, that IB, tf a body of men be actually assembled, for the purpose of effecting by force a treasonable purpose,...

...order for a conspiracy to subvert the government to amount to a levying of war, it is necessary that "a body of men be actually assembled for the purpose of effecting by force a treasonable purpose . . . ." ' Shortly after Ex parte Bollman, Chief Justice Marshall presided over the treason trial of...

...treason." Marshall then added a paragraph that was more loosely worded than the situation required: It is not the intention of the Court to say that no...country. On the contrary, if war be actually levied ... all of those who perform any part, however minute or however remote from the scene of action, and...

...But this, apparently, did not mean that he had to be present where the overt act of treason occurred: If a body of men be actually assembled for the purpose...all those who perform any part, however minute, or remote from the scene of the action, and who are actually leagued in the general conspiracy, are to...

...and comfort to the enemy, although they may not actually bear arms. The language of the Court is : If war be actually levied, that is, if a body of men...all those who perform any part, however minute, or how^ ever remote from the scene of action, and who are actually leagued in the general conspiracy,...

...full sense. On this point John Marshall wrote as follows in the famous Bollman and Swartwout case : It is not the intention of the court to say that no...effecting by force a treasonable purpose, all those persons who perform any part, however minute, or however remote from the scene of action, and who are...

...treason." (4Sawy.,457.) In ex parte Bollman et al. (4, Cranch., 75), Chief Justice Marshall said (126): "It is not the intention of the court to say that no individual can be fuilty of this crime (treason) who has not appeared in arms against is country. On the contrary, if...