Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1807-09-12
IL l-2 Gents Single.

should lie construed i'm reference TO thu
caSeitself; and the mere omission to state,
thdt particular circumstance was neces-
sary TO the contamination Of the crime.
ought not To be construed into declaration
that the circumstance was uoimpurtant -.
Generale express ons ought not 10 be consi.
dered as over-ruing settled prinCiplea
without direct declaration TO that effect
( Alter THIS; preliminary observations tho
court VIII proceed to examine the opinion
win Oh ~ occasioncd them
: The n ST expression in ii bearing on tho
present question is 9 To constitute thar
specific Crime for VIII ca the prisoner now
before the court has been committed, var
must be actually levied gtinst tn United
States However hsgiJious may he tho
CRIME OF conspiracy T. subvert 5y force the,
govern hent OF our country, such conSplra.
cy is no treason. To cOnspre to levy war
ana act ally TO levy war, are distinct of.
/ fences. Tine first must be brought int,
operation by the assemblaye OF men for +,
purpose reasonable in Itself, or the tact of
leVyinS war cannot have been commit.
ted''
Although It is not expressly stated Mat
the asSemblage of men for the purpose NJ
Carrying into operation the reasonable in.
tent, which will amount to Lowing var
must be an assemblAge in force, vet il ia
fairly To be inferred from the context. and
nothing like dispensing with fLrce apDears
in this paragraph. The expressions arc
" to constitute the crime war must be ac-
tualiy levied" A conspiracy to levy war
is spoken OF as I" conspiracy to su5vcrr
bY force the government of our countrv.''
speaEingin general terms ofthe assemblaga
OF men Tor chis, or for any other purpose A
pc son would naturally be understood aS
spS aking OF an assemblage in some degree
adapted to the purpose. An assemblies
70 sunvert by force the government Of our
corntry, and amounting to a lcvying Of war,
should be an aSseInblage in force,
In subsequent paragraph the court
says, - 1t IS NOT the intention of the courr
| TO say, that no individual Can be cuil,v ~
TINS crime who has not appeared in arms
| against his Country. On the Contrary ;f
war be actually levied, that is, if a BODY OF
men be actually assembled in order to- ef-
rect Oy force treasona5le purpose, all
nose VINO perform any part, however nil
| nute, &c. and who gre actually ieap1ed in
the general conspiracy, are traitors. sns
there mast be an actual assembling of rn.,,
Tor the troasnnable purpose to constitute =
levying of war"
The observations m de on the preceding
paragraph apply to this. "a body of mn
| actually assembled, in order to eject ~,
force reasonable purpose" must be y
BODY assembled with such appearance of
force as would warrant the opinion that
they were assembled for the particular
purpose an asSemblaSe TO Constitute an
actual levy ne OF war should he An assem-
DiaSe with such appearance of force az
would justify the opinion that they met fo,.
the purpose.
! This explanation, which is believed m
be the natural, certainly not astrajned ev.
p!anatIon OF the words, derives some add.
ticnal AID from the terms in which the M
! ragraph last quoted Commences. g II ia
not the intention of the court to saw thar NO
individual can he guilty cftreason who has
not appeared IN arms against hi, countrv1
These words seem to oDviate an Inference.
which might otherwise have been dr.n,,
from the preceding Paragraph. They IN.
GiC"te that in the mind OF the court the. as.
SemDia5e stated IN that para graph was an
/ assemb!age III arms. That the ind vidu,,s
VINO composed it had appeared in arms -
gdlnsi their Country. That is in Other ,U,,,,is
'Iat 'he aSSGmOlage was military, u war.
Ike ass mblage.
The succeeding paragraph in tho on.
non relates to conspiracy md serve -,
snow that force and violence were IN ,b-
mind OF the court, and that there was uo
/ idea OF extending the crime of treason bv
! construction beyond the constitutional deG.
milton which had been given Of it.
Returning 20 the case actusIlv nef,,s g..
| court, 1t is said ga design to oycr,urn thS
government of the L. States in New o.
T. ans by force, wou,G have been uno,,cs-
uonably design whiC hif carricd in,s, o..
ecujion would have been treason. and tb.,
asSemblngc of body of men for the ,"-,
pose Cd carrying it into execution wo,,iI
amount to ievyirg Of war against the ~
Now what could reasonably be said %
DC an assemblase Of body Of men for tho
purpose OF oVer,urnDg i.c .o,c,,,,,',.,.' :
Tue -. .. IN Ncw-Orieans by force q -,
tainly an asScmblage in force, I'M sss,.,'.-
blagc prepared and intending tu &C. 80,
force military asscmblaec ihn d.
sions heretofore made by the iudres of tb-
! Un'ted states, are then declared sn b,. -,
conformity with the principles laid down
I ny inc supreme court. Is thus declur,ii,,,
compatible with the idea ofGeD,rti,,, g.,
hose opinions on a point wthih tic Con-,
! tempt iiyn @ tie court fnc opinions 90
] JedSe Patterson and Judge frcdciI ar,. ,.,;1
80 20 iHIiy an actual assembling of me-,
,tHtCeh tEey rather designed TO rousrL 80,
the purpose 70 which tie force was ~ ~.
+. applied than on the nature of the force -,
sell" THIS observation certainly inl 80.
that the necessity Of an assemblare Of 49,,
WAS thc particular point the courf on.