Although he was carrying grenades and rifles when captured, it matters not whether Walker ever shot an American or even discharged a weapon. Nor does it matter whether Congress declared war. It is constitutionally sufficient that there is a military conflict where the United States is involved. "[I]f a body of men be actually assembled, for the purpose of effecting by force a treasonable purpose" then any act by the accused, however "minute" or "remote" is treason, according to Chief Justice John Marshall almost 200 years ago.