Alexandria daily advertiser. [volume] (Alexandria [Va.]) 1803-1808, 1807-09-19
FcoxTISuED.]

s, s,;ssr &c nar,;rular bodies of men, and
their 2unarchir sfsom places Of partlas TO 2
Mace of general rendezvous, would pc
such az assemblsge. q
8 il i. obvious from the context that the
ssccurt must have intended to state case
which would In itself be unequivocai. be-
cause il would have waTlike appearance.
'T The case stated, is that Of distinct bodies
OF men ssse milling at different places and
marching from these places Of partial to
place OF general rendezvous. When this
has been done, al a.semblage is produced
which. would IN itself be uneqnlvocal. ----
But when is ii dones What is the as.
semblsge here described ? The assem-
blaee formed of the different bodies OF
partial al place of general rendezvous.
In describing The mode of coming to this
assc mblage the civil term travelling" IS
dropped, and The military term " march.
sinp'' is em3loyed. Iflhis was intended as
definition Of an assemblsge which would
amount 10 ievying Of war, the dstlnItionre
quires an assemblage at place OF general
Tende zvous, composed of bodies OF men
who had previously assembled at places
of partial rendezvous. But this is not
Intended as de6aition, for clearly If there
should be no places of partial rendezvous,
If troops should embodY 10 the first in.
stance, 10 great force for the purpose OF
subrerting the government by violence, the
act would be uoequivocsl, il world have a
warl,ke appearance, and it would, accord
Ing to the opinloa of ,he supreme court
properly construed, aud according to the
English au horities, amonnt to levying
war. But this though nos definition, IS
put as an example; and surely II may be
safely taken as an example. II different
bodies of men, in pursuance oil trcasoua.
bic design plainly proved, should assem-.
bic in warlike appearances al places OF par.
tial rendezvous, and should march from
those placesto place OF general rendez'
vous, It's dificultto CONCEIVE how such
transaction could take place without exhi
biting the appearance of war, without 40
obvious display of force Atany ralc,
court in siasiDg generally such military
assembisge as would amount TO levyipg
war. and having case before them IN
which there was no assemblage whatever,
cannot reasonably be understood IN putting
zach 40 example, to dispense with those
appearances of war which seem to be re-
auired by the general curreat of author.
ties. Certainly they ought not 70 be 80 ur-
derstood when they say In express terms,
that is more safe as we'll as more con.
sonant to the principlesof our constitution,
that the crime of treason should not De
extended by construction TO doubtful ca
ses and that crimes not already within
the constitutional definition, should re-
ceive such punishment as the legislature
In its wisdom may provide"
After this analysis of the opinion OF the
supreme court, il will be observed, that
the direct question whether OF assembisgs
of men which might be construed to q
mount to levying Of war, must appear
ID force or 10 military form, was not IN ar
gument or in fact before the court, anddoes
30, appear to have been ia terms decided!
The opinion seems to have been drawn
without particularly adserting to this cues.
lion. and therefore upon a transicnt view
Of particular expressions, might inspire the
idea that display offorce, that appearance
es of war were not necessary Ingredients
10 cons.itute the fact of levying war. But
upon more intent and more accurate inves-
tication of this opinion, although the terms
force aud violence are not employed as de.
i scrlpsive Of the assemhlsge, spchrequisitcs
are declared 70 be Indispensable as il can
scarcely exist without the appearance OF
war and the existence of2real force. ~ IS
said that war must be levied 10 fact, shat
the object must be one which is TO be effect
ed by force;- shasshe assemblage must sbe
such as 10 provs tina. this Is It's object. that
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