Alexandria daily advertiser. [volume] (Alexandria [Va.]) 1803-1808, 1807-08-26

1or riga ifeasoh against lnc ~ States.
110a.DAY,s August II
Present JoHS MARSHALL, chief Justice q
the United States.
ofr. H.s1-'s Sheee5 conetRdsd.
sIbase also. onitsec, that the persons as
ssembled for leasonable purpose have
committed hos,ili,.es or employed any &C.
14ual force icaotcnd thai. il is not neces.
ssry 10 have wsged battle or 10 have com.
missrd any &C. offviolence. Perhaps the
other side may, however, Contend Though
II an scarcely persuaded thar they willy
that there must be arms aud actual force,
sBus e they do contend Tor this, observe
xhe embarrassment ia which they vii be
involsed by their doctrine. 1t 10000
armed men were 10 march 70 Washington
10 order 10 take possession Of The capital of
the II. S. send The president to Monticello
and turn congress ou, of doors; these per-
sons thus assembled are no traitors. be-
cause they have not struck blow. They
meet with no opposition; the government
dispersss through fears but ;nere is no
treason. The doctrine that would make
force, the presence and actual sxsr'ion OF
arms, nscessasyto The consnnrtatioo OF
treason, would be cninenly fatal Il is.
the very doctrine THAI traitors met together
60 make laws for sheir own secnrisy, would
be most solici.ousto recogdizc: forit they
we're not traitors, ere they had struck a
blow, they would take care never 10 strike
one until they could. do il with effect.
copsend tia, my dac,rineis unequlvocal!y
confirmed by the decision of the supreme
court. There is not q sinsleeword IN IL.
which makes farce or lacsual hcssiiisies ne,
cessary 20 treason.
know pot, but gentlemen may be dis:
posed to take shelter uudsr an opinioa, ex
pressed by judges Chase and Pesers iathel
case of Fries, p. 1917; and most candidly.
admit, that there are eersaip expressions ID
that opinion, which seem TO coapsenaoee
vhSir sGocsriue Bdtl if the observation.
were correct. ia fact, still it should be re /
collected that it was bat the opinion OF su
botdinate judges, which cannon be opposed
90 the decision Of she supreme ceart. 1t.
must also be rscolecsed, that sh-ir opinions
on this point are ex.rajadicisl; by scatter
/ mean, that il was not such point as
was ascessary to be settled 10 the case be /
fore TIE court, The question before them
was mol, whetherfsrce does actually enter
into The composisioa of treason for in The
case Of Fries, there was force enough en-
ploye.i. ftwas a cEsc of an actual oppo-
sision 10 the laws Ct the u. S. by force.
Now, the opinion of any court is never
consiaered as good authority, unless isbe
delivered on the very point actually befors
the coDrt. twill be seen too upon an &C
curatsi inspection, that the opinion Of Judge
Chase is not even consistent with ITSELF
In his definition of treason Cries trial,
page 1867 he expressly says, that $ any
resurrection or ris,ug of any body Of peo.s
BE within the u. S. to attain or effect by
force or violence any object Of q great pub.
lie nature, or of public and national con.
Germ is aiesyipg OF war againstthe Y. ).
Within the con.e mplation and construction
ofthc constitution" Thus excluding FROM
his definition the TWO circumstances which
have excluded from mire, military wea-
mons, and fheoct,sal smh!sgzssns-af farce.
IN the next page, he expressly states. that
military. weapons, &c.are nor nssessary IN.
RE contamination of treason. And yet
in the course of The same charge he scans
10 think that some force must be employed
before the crime is legally complete. The
ideas of judge Peers on this point (see
page 2o4 and page so7) seem TO be in like
manner at variance with each other. The
aru,h is, that they did not express them
selves on this subject, with the precision
which they would have displayed, hadshe
uues,ion before them been what 1t was
before the supreme court and what il is
here. ks.