"You will receive the law from the court." "You are bound by the instructions which the court may give in respect to it;" "it is in no sense true that you are judges of the law." "You must take the interpretation which the court puts upon it. You have a right to apply the law to the facts, but you have no right to go further."
"The crime charged against this defendant is ... that of levying war against the United States. The phrase levying war was long before the adoption of the Constitution, a phrase ... embracing such a forcible resistance to the laws as that charged against this defendant [that is, speaking against the fugitive slave bill and refusing to kidnap a man is 'levying war against the United States']!"
It is treason "if the intention is by force to prevent the execution of any one ... of the general laws of the United States, or to resist the exercise of any legitimate authority of the government."
"Levying war embraces ... any combination forcibly to prevent or oppose the execution ... of a public statute, if accompanied or followed by an act of 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 aid and abet." So "if he encourages, assists, or consents to the act, it is enough; he becomes at once an aider and abettor, and obnoxious to all the pains and penalties denounced against it." "If persons do assemble themselves and act with some force in opposition to some law ... and hope thereby to get it repealed, this is a levying war and high treason." That is, an assembly of men acting against any law, with any force of argument, in order to procure its repeal, levies war and is guilty of treason!