Alexandria daily advertiser. [volume] (Alexandria [Va.]) 1803-1808, 1807-09-21
OPINION
IcosrlNuED.l

saersme court bni if be was one Of the
iuo Who assisted t:,iramihg that opiniop,
if wh.lr The impression under which i. was
framed was We, fresh upon his mlnd, ne
delivered sn opiniou 90 the same ,ess'mo.
ny. %. Contrary 10 that which had been
given BE- all ahe Judges togesher. Blu, show.
sinr the sense ia which he naderstood terms
s<Esha1 mi ghsbe diHsrepsly exrounded, u may
fairly be SAID 10 be 10 some measure e&Pia.
nasory Of The opinionSisss!f.
To the Judge before whom the charge q.
gainss the prisoner, at The BAT was FIJI bro't
the same :essimony was offered with that
which had been rxhibited before the SUI
pre- me court, and hs was required to give
al opinion 10 almost The same case. Upon
shis occa.ioo .he said, War can only be
lssisd by Inc employment of actual iorce.
Troops mus, be embodied; meD must De
asse mhl ed la order TO levy war" Again
5 he obss5veS, . The fac, 10 be proved 10
this csss IS ao act Of public uo,oriety. II
must exis, 10 the view of the world Or u
cannot exist az all The assembling OF
foressio levy war is viaible transaction,
and numbers must witness 1t
tits no, easy 70 doubt what kind OF a.
srmblsge was 10 the mind of the judge
who used these expressions, aud Il IS to
ae recolIessed that he had just returned
from che supremescoart and was speaking
fou the very facts on whish the opinion OF
that cauf, Was delivered.
The sane Judge in his charge to the
grand Jury who found this bill, observed
1.so constitute the fac, of levying war, il
is NOT necessary ,ha. hostiIities shall have
actually commenced by engaging the mill
tar, force of the u. S. or that measures
of violence against the government shall
have bsrp carried into execution. But lie.
wing war is afactiu the constitution Of
which force is an indispensable Ingredient
Any combination 10 sub9er, by force the
,goseronent of the Us. violsnsly TO- dis.
member the union, TO compel charge in
the standardization, to eoerce the repeal or
adoption of general law, is conspiracy
to levy war, and if the conspiracy be csrr-
ed into effect blythe actual employment Of
force. BY The embodying and asseslblicg of
men forthe pu, pose of executing the ,rea
sonable design which was previously con-
.seived, il amounts 20 ievying of war. /,
has been held tha, aruls are not essential! 10
1evying war, provided the force assembled
be sufficient to attain, or perhaps to justify
attempting the obiec. without shem." This
paragraphs Immediately followed by re-.
ference to the opinion OF the supreme
court.
flt requires 40 commentary upon these
words 10 show, tha, ia the opinion OF the
Judge who uttered ihem, an sssemblsge OF
men which should constitute the fact of
Sssyyipg war must be an assemblage 10
force, and that he so understood the opini.
on Of ine> supreme court. It 10 that OPT.
MON there DAY be found 10 some passages,
. wan4 ofrpresis;on, ap Indebtedness Of
expression, which has occasianed tito be
diHsrenlly und-rssood By differeut perssps.
that may veil be accounted for when il -
retolIerscd thatin the particular sase there
was no asscnah]age whatever, 10 exPound.
iiug that opinion the whole shonld be rakes
together, ADD 10 reference to the psssic ular
case id-which4s was, delivered Il 10 how.
ever not Improbable that the misunder.
standing has arisen from this circumstance.
The court unques,ionably did not consider
arms az al indispensable requisite 70 levy
jig war an assemblage adapted 20 the OBJ
iect might Be 10 coalition 70 effect or 90
a,sempt Il without them. Nor did The
cout, consider the actsal application OF the
force to the object as, at all times, 40 in-
dispensibie requisite for "A assemblase
might be in : condition 10 apply atosce.
might be 10 asate adapted 90 real war,
without having made the actual application
of that force From these positions, which
are 70 De found 10 the opinion, il may have
been inferred, it's thought TOO hastily, that
the nature OF that asscmhiage was uniua,