Report of the Trial of Thomas Wilson Dorr, for Treason Against the State of Rhode Island: Containing the Arguments of Counsel, and the Charge of Chief Justice DurfeeJoseph Story Pitman Tappan & Dennet, 1844 - 131페이지 |
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Aaron Burr Anthony's house armed array arsenal Artillery asked assemblage assembly attack attempt Attorney authority believe Burrington Anthony called cannon Carter challenge charge Chief Justice citizens city of Providence Colonel Blodget command committed Company council of officers Counsel Court Cranston crime of treason Cross Examination D'Wolf Defendant disband discharge Dorr's duty elected escort evidence Federal Hill fire force gentlemen Glocester Governor Dorr Governor King guard guilty guns heard the Prisoner indictment insurgents intent Jurors Jury Legislature marched meeting at Chepatchet ment military morning night o'clock object officers opinion overt act party people's constitution present Prisoner's prove Providence County punish purpose question recollect requested Rhode Island Saturday saw the Prisoner sovereign power sovereignty suffrage summoned supposed sword taken Tammany Hall testimony Thomas W Thomas Wilson Dorr tion told took traitorous trial Turner United verdict votes witnesses Woonsocket
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118 페이지 - State, was, as they expressed it, to hold forth a lively experiment, that a flourishing civil State may stand and be best maintained with full liberty in religious concernments...
127 페이지 - On the contrary, if war be actually levied, that is, if a body of men be actually assembled for the purpose of effecting by force a treasonable purpose, all those who perform any part, however minute or however remote from the scene of action, and who are actually leagued in the general conspiracy, are to be considered as traitors.
126 페이지 - ... and other warlike weapons, as well offensive as defensive, being then and there unlawfully, maliciously, and traitorously assembled and gathered together...
130 페이지 - ... revise and reverse their acts in this particular, without usurping their power. Were the votes on the adoption of our present constitution now offered here to prove that it was or was not adopted ; or those given for the governor under it, to prove that he was or was not elected ; we could not receive the evidence ourselves ; we could not permit it to pass to the jury. And why not ? Because, if we did so, we should cease to be a mere jndicial, and become a political tribunal, with the whole sovereignty...
127 페이지 - ... use it, if necessary, to further, or to aid, or to accomplish the treasonable design. If the assembly is arrayed in a military manner — if they are armed and march in a military form, for the express purpose of overawing or intimidating the public — and thus they attempt to carry into effect the treasonable design — that will, of itself, amount to a levy of war, although no actual blow has been struck, or engagement has taken place.
126 페이지 - To constitute an actual levy of war, there must be an assembly of persons, met for the treasonable purpose, and some overt act done, or some attempt made by them with force to execute, or towards executing, that purpose. There must be a present intention to proceed in the execution of the treasonable purpose by force. The assembly must now be in a condition to use force, and must intend to use it, if necessary, to further, or to aid, or to accomplish the treasonable design.
128 페이지 - ... in its face, and should then disperse, from any cause whatever, without firing a gun, I confess I could not, without some surprise, hear gentlemen seriously contend that this could not amount to an act of levying war. A case equally strong may be put with respect to the absence of military weapons. If the party be in a condition to execute the purposed treason without the usual implements...
68 페이지 - That that act, if constitutional, gives this court no jurisdiction to try this indictment in the County of Newport, all the overt acts being therein charged as committed in the County of Providence. 4. That the defendant acted justifiably as Governor of the State, under a valid constitution rightfully adopted, which he was sworn to support. 5. That the evidence does not support the charge of treasonable and criminal intent in the defendant.
125 페이지 - Treason against the state shall consist only in levying war against the same, or in adhering to its enemies, giving them aid and comfort. No person shall be convicted of treason unless on the testimony of two witnesses to the same overt act, or on confession in open court.
127 페이지 - ... executing, that purpose. There must be a present intention to proceed in the execution of the treasonable purpose by force. The assembly must now be in a condition to use force, and must intend to use it, if necessary, to further, or to aid, or to accomplish the treasonable design. If the assembly is arrayed in a military manner, — if they are armed and march in a military form, for the express purpose of overawing or intimidating the public, — and thus...