Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1807-09-16

the object must be one which is to b. cftcC-
ted by force that the asse mblage tnust be
such as To prove that this Is Its object, that it
must not be an equirocai act, without war
like appearance, that it must be an open
asscmblage tor the purpose OF force. In the
course of this opinion, occasions are quoted
and approved, which require the employ
ment OF force to constitute the crime. 1t
seems extremely difficult, if not impossible,
to reconcile these various declarations with
the idea that the supreme court consider
ed a secret unarmed meeting, although that
meeting be OF consprators, and although it
net with treas0nabie intent, as an actual
lsvving of war. Without saying that the
fassvmblage must be in farce or IN war!ike
form, they express themselves so as-t t.
show that this idea was never discarded
aad they use terms which Cannot be other
| wise satisfied.
The opinion of single judge certainly
weighs rs nothing If opposed 10 tiat OF the
supreme COURT but if he was one of the
| Judges who assisted in framing that opini-
on, il while the impression under which it
was framed vas vet fresh upon his mind
he delivered an opinion on the same tes,i-
| mony. not contradictory to that which had
! been given by all the judges together, but
| showing the sense in which he under
| STOOD terms that might be differently ex-
pounded, it may fairly be said to be in
some measure e2pianatnry OF the opinion
tself
TJthe Judge before whom the rye
! against the prisoner 1T the bar was first
nrouglt, the same testimony was offered
with that which had been exhibited before
| the supreme court, and ne was required n
give an opinion in almost the same case -
| Upon this occasion lie said, I" War can
only be levy by the employment Cf actu
| Il force: Troops must be embodied mer
| must be assembled IN order TO levy Wa. Z"
| Again he observed, 4" The fact TO &c pro.
| we'd in this c1se is an act of pub &c notorety.
! Il mus exist in the view ct Che world or
cannot exist a ell. The assembling # for
ces to levy w ris visible transACton, arc
| numbers must witnass it."
[ is not ssy e. doubt villa; Kind Of as
ssmblaye was in the mind O; the Judge VII
used these expressions, Ind il is to be recu
lecyed that he had just returned from IL
supreme court and vas speaking on thew
~ facts on which the opinion OF that cour
was delivered.
The same Judge in his charge to tia,
Grand Jury who found this bill, observed
- to constitute the fact Of lev1ing war, it B.
not necessary that hnstil.ties shall have
,ually Commenced by eng aging the mi!ita-
| ~ fnrce pr 70 ~ M, r .upee A.,
y;olenc,e .,,,,irst the. o,,ycrrm.n, Ill ~
,een car,,ed into evecu,,on Bnr Ie,,,,;n,
| ,y,r;. . g. -, tho constit,;t;or &c ,yI;c;
lorca &C an ird,sner.s;hl.. IN ..rod nnt A.,
co-,l,instio, ~ srT;,,crt NV ofor,,t. tia o.,
t,s,.r,,,c,,, ,,Fth.IT 6 ,,ioIerfI tn di.,ncS2,,
her tbe rn;on. 70 cor,peI a. chance in tbc
! adroinietrst ion. -, "a &C. The REVEAL cr -
don,;Cr of trenerit law &c n coneD;rscv .
an3 &c Inc cons,irory I've c,r;ieu
INTO 1fGct Inv the actual ero,ovmc.,t oi
force nv the emI,oAyioq and ssseml,,ino 81
,cn lc,. tse ,,,,r,,o,, of ,,crutino ,h.. ttS.,.
sonshje dee;en ,gi,ysh was =, ..,,,I,u,.r CON.
ca;vsd ;, .,Tcc,,nTs - LEVINE r. VA !,
lb,s h.cr; tell ,h,. .s,r,,e are Nor e,.,e,r;ll
m ievvin,s va. r,r,,.;lird tG,. fo,.c, ao.en.
lied he ey,fTctcrr ia tan. or rcrba.s ,,
/ insrifv n.temnt:nr the object yyithcut ,bcm {,
'Fnis ,,ara,,..,t,l = in,rncdiat.Iy iolio,ve, n,
4 reference ~ fhe opirioo cf the s;,Urerny
! court.
I II reonires M comr}t .nta--v ,lnon these
words ~ aI,nv. thot in tre on,r,i,, ,f ~,
iuaoa Win uttered them. IN assctub zoe -
lmrf1 which shr.ld constitute the fsctSf le.
wing v,a,.. r,ust b,. an as;cmblae.a in force
and that he So understood tine oDiIricn Of tb,
supreme cours. If in that opirior. ibcrs
NAV bc found in some passages, q want o
precision. an indefini5ene5s Of e,;pressicn
which has accustomed il T. be oifTsrently
understood by different persons, that ma
well be accounted for wien il IS recollccl
ed that in the particular case there was nj
asycmlIage whatever. In exp0undirg tha