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and _hope thereby to get it repealed, this is a levying war and high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!

To connect Mr. Hanway with this constructive treason, the government
relied on the evidence of Mr. Kline, the Deputy Marshal of the court,
a man like Mr. Butman and Mr. Patrick Riley, so well known in this
court, and so conspicuous for courage and general elevation of
character. Witnesses testified that Kline was so much addicted to
falsehood that they would not believe him on oath,--but what of that?
He had "conquered his prejudices." It appeared that Mr. Hanway went to
the scene of action on a sorrel horse, in his shirt-sleeves, with a
felt hat on, and did not join the Deputy in attempting to kidnap when
commanded. Hear how Mr. Ludlow constructs levying war out of the
disobedience of a non-resistant Quaker in a felt hat and
shirt-sleeves, mounted on a sorrel horse! Hearken to this voice of the
government:--

"Suddenly he sees the assembled band of infuriated men....
Does he leave the spot? No, Sir! Does he restrain the
negroes? Take the evidence for the defence in its fullest
latitude, and you will perceive he raised the feeble cry,
'Don't shoot! for God's sake don't shoot!' and there it
ended. Is that consistent with innocence?... according to
their own evidence the conclusion is irresistible that he
was not innocent."

"But he does more than this." When summoned by the Deputy to steal a
man "he is thrown off his guard, and exclaims, 'I will not assist
you;' 'he allowed the colored people had a right to defend
themselves.' 'He did not care for that Act of Congress or any other
Act of Congress.'"

And so with his unsaddled sorrel nag this non-resistant miller levies
war upon the United States by crying "Don't fire," and commits treason
by the force and arms of a broad-brimmed Quaker hat. "The smallest
amount of force is sufficient," "military weapons are not necessary to
levy war!"

Mr. Brent thought if Mr. Hanway was not hanged it would appear that a
"sma