The enquirer. [volume] (Richmond, Va.) 1804-1815, 1807-09-05

Actually to aileIpb!e an army OF Gao nen is
unGueitlonably TO place thofr who are 10 aiiem-
bed in Rate of open force.
But as the mode of ,expreflion ufed in this
pailage might be miconfrued 70 far as to- coun-
tcnance the opinion that it would be uecetIary
| tn aliemble,the whole army in. order ,o cenlfi-
tute the fa3 of levying war, the court proceeds
to lay, cit is argued that tince it cannot be ne
ceflary that the whole 1000 men mould be al
iembled, their commencing their march by de-
tachments,to the place of rendt zvous NUT be
.uiiic'ent to conititute tile crime"
This petition is correct with fome qualH-
cation. II cannot he neceffary that the whole
army fflould ai.e BILE and that the vari,us par,s
which are to compofe il fhoud have combined.
But it is necefiary there fhould be an actual az
fembl.ge; and therefore this evidence Aould
make the fati uneouivocal.
The travelling of individuals to the place
OF rendezvous, would perhaps not be fufiiccnt.
Tins would be anequivocal act, and has no war
like appearance. The meeting of particular
bodies or men, and their marching from places
OF partial TO place of general rendezvous
would be fuch an ATTENDANCE"
The petition here fated by the council for
the protecntion is, that the army" commencing
Its march by detachments to the place of rem
devious lthat is OF the army,) NUT be fuffici-
ent to contribute the crimes
This petition is not admitted by the court to
be numerically correct. 1t is faid to be correct
with fome qualifications" What is that qualii-
cation
4" The travelling of individuals to the place
OF rendezvous" land by this term isnot to be
underftood one individual by himfelf, but fe-
vera individuals either feparate.y together
but not in military form) '' would perhaps not
he futficient." Why not fufficient Becaufe
lays the court, "this would be equivocal
a Ia,
then ihould be unequivocal and ihould have
warlike appearance. 1t mutt exhibit in the
words of Sir Matthew Hale lpeeiem 6elE, the
appearance of war. This contribution is rem
dered IT. fome meafure neceTary when we OBJ
ierve that the court is qualifying the petition,
That the army commencing their march by
detachments to the place of rendezvous mtft
be tufficient to conftitute the crime" In qua
lifying this petition they fay, IS the travelling
OF individuals would perhaps not be fufficient."
Now, foIitary individual travelling to any
point, with any intent, could not, without
total d'fregard of language, be termed march
ing detachment The court, therefore, mutt
have contemplated fevcral individuals travelling
together; and the words being ufed in reference
to the petition they were intended to qualify,
would feem to indicate the ditinction between
the appearances attending the utna movement
OF company of men for civil purpofes, and
that military movement which might in cor
rect language be denominated " marching by
detachments."
The court then proceeded to fay, "the meet
ing of particular bodies of men, and their
marching from places of partial to place
OF general rendezvous, would be fuch an affem-
blage."
1t is obvious from the context, that the court
mutt have intended to fate cafe which would
IN ltief be uneqnivocal, becaufe it would have
warllke appearance. The cafe Rated, is that
OF diftlnct bodies of men attending at different
places and marching from theie places of partial
to place OF general rendezvous. When this
has been done, an afemblage is produced which
would IN itfelf be unequivocal. But when is it
done what is the aGemblagc here defcribed |?
The affemblage formed of the different bodies
of partial at place of general rendezvous. In
diicriS'ng the mode of coming TO this alTeni-
blage the civil term travelling" is dropped,
and the military term "marc hing" is employed :.
If this was intended as definition of An aliem-
biage which would amount to Ievyug war, the
definition requires an affemblage at place of
general rendezvous, competed of bodies of men
who had prevlouiiy a1enbIed at places of par
tial rendezvous. But this is not intended az a
definition, for clearly if there fIaould be no
places of partial rendezvous, if troops Should
embody in the firif, inttance, in great force for
the purpoic of iubyerting the government by
violence, the act would be uneQuivocal, 1t
would have warlike appearance, and 1t would,
according to the opinion of the fupreme court
properly conftrued, and according to the Eng
llih authorities, amount to levying war. But
this, though not definition, is put as an ex-
ample and furely it may be fdfcly taken as an
example. IF different bodies OF men, in pur-
fuance ola treafonabe defign plainly proved,
ihould aiiembe in warlike appearance at places
OF partial rendezvous, and ihould march from
thote places to place of general rendezvous,
1t is difficult to conceive how fuch a tranlac-
ton could take place without exhibiting the
appearance of war, without an obvious difpay
OF force. AT any rate, court in Eating gene
rally fuch military affemblage as would a
mount to levying war, and having d cafe before
them in which there was no aTemb'sge wbate-
yer, cannot reafonably be underftood in put
ting iuch an example, TO difpenfe with thofe
appearances of war which feein to be required
by the general current Of authorities. Certain
" they ought not to be 70 underftood-wh they
fay in exprefs terms, that " it ia more fate as
well as more confonant TO the principles of our
contribution, that The crime of fon nlould
not be extended by contribution to doubtful
cafes; and that crimes not already within the
confitutional definition, fhould receive fucb pu-
nfhment as the Legislature in its wifdom may
provide"
After this analysts of the opinion of the fu-
preme court, it will be obferved, that the d.
rec queiton whether an afemblage of men
which might be confirmed to amount to levy
Of ruul IN -,