The enquirer. [volume] (Richmond, Va.) 1804-1815, 1807-10-03
RICHMOND, SATURDAY MORNING, oc7oBER s. 1907

admit at 1t, the other circumstances of f~orL
s guns. drums, colours, &c. have been added
: but think The merits OF the cafe have neve
: turned lingly m any Of thefr circumitances.''
l In the Cafes of Damarec and Purchsf-," h,
: continues, which are the lait Printed cafe
WHICH have come in Judgment on the point o
constructive fcvyins war, there was nothing giv
c" ~ evINenee of the ufual paseantry of war, nc
'''"'dry weapons, no banners or drums, nor a.
ny regular combination previous to the ril;ng
ara yet the want of thefs circumstances weigh
ca nothing with the court, tho the priioucr's
couniel intiited much on that matter" In the
lame paragraph he adds what confirms MIR. Dali
las utinct'on-- :" The true criterion in al the!e
Gales IS Oao amino, did the parties aiIembie. !"
Ea1 IN ms crown law, page OF, collects the au-
.hor''rs together and proves the truth of Fof-
ter poiltons, that arms or military array arc
unhecsiiary; and that the intention is the eyits-
If'o".--Judges Chat, Iredeli, and Fofter, sx-
PreiS'y declare thetnf-!vee Of FoAer's opinion.
i neg leave TO read ihort paragraph from judge
Nn"'e charge to the jury on the trial of Fries,
l97' ne court are of opinion that militia ry
weapons las guns and fwnrds mentioned in the
! ,nno'ctmrnt) are not necefary 10 make fuch in
.u'Tec''on or riling amount to ievying war; be-
I'uie numbers ray fupPy the want of military
weapons, and other inFruments may ef.eSt the
intended rDiichef: 7bc hgai grill az k7,yixg
qpNr may he incurred zuitho tie NJ: of ,s.;tarp
FreGooHI ar military arroy.' Ithinl, may now
eouHdsr 1t as proven that arms are not ncceGa-
! W 10 the conftitrfon of treafoa. Since then
no arms were Drcs9ary 10 make the aIemb'see
on the illnd treafonahle aGrmblare. !, is
icafceiy worth while 10 notice Mr.. Wicl,han,'s
onisfvasIon that the riff IS which are proven to
nave ceen IN the hands of the men there, are moi
"ecehari'y military weapons. I fufpeet, how
| ever thaf there may yet be thofe living in Great
nrhain who remember the name of general
morgan, AID who can bear wiiueis that r;Hs
IN inc hands Of A back-woodfman of America is
military weapon, emphaticaIy, ard as form-
oaoie one too as folder need with to en-
counter.
But we arc tod that if arms he not necefIa
rry'Jorre II nree1ar, to AXE an sfiembsge trea-
iohaoie let US now enquire If this be Co.
On TINS branch Of the enquiry beg leave to.
PfeU''e that IN The feveral cafes on this fuhieGf
the word force is generally ufsd figuratively
Intended 10 fenify,tte anemhled body and noi
any deed OF violence actually committed by
them :thus in Vaughan's cafe it is itated that
nc came with All armed force and in the opi
mon OF the prelid'ng judge of this court in the
MOTION to commit the prfoncr in March Iat,
we ah' Ind this word ufed in this fgurative
ienie--Page 50: after fsyiug tbs clear that an
intention to = commit trcaion is an offer ce en-
tirely diainet from the actual commiflion of
mat CRIME the judge proceeds. " War can
o"y be LEVIED by the employment Of at7uaA
,torFe. troops matt be embodied men NUT
be attended in order TO levy war" The troops
then bring embodied, the men being alIeulbled,
war IS thereby levied force is emf loyed not
!hat blow Is actually truck but that there
is BODY capable of uGng force, if they pieafe
10 ule Ii. Sir, as 10 The demand OF aclual VIC.
fence, there Is not an EDglilh authority which
conntenances II they concur in difcIiiming
It, They take the diftinetion between the bel.
nm ie'0fnm aud the beiKuu percr1l,v thus
foiter 2ls. " An adembly armed and arrayed
IN warlIke manner for any treafonab!e purpoie
! is 5elIHn hUatt-n although not beIbg,u bercuC
Fen Lifting and marching are /.Jfeient oysrf
Gfft 7vit@oHt Gaming to battle or at7ion." l.
Ear 81 repeats this doctrine and cites various
cafes IN iupport OF It. Sakelds Reports G35-
there may be levying war without actual
! lighting" Same cafe St. Trials s7.--There
is not lingle EngIih authority which requires
force, that is actual violence, or the Lel2u5l FER
cE0nm the aaemblage and clear evidence Of
the treatonable deiign have alwsy Us been held
| iuthcient. The cafe OF Purchafs has been erro-
neou1y ttated from the bar That cafe did 30.
turn on the queltIon of force or no force the
difficulty IN his cafs arofe from this crcun-
! itance It appeared that Purchafe knew no.
| thing al the dchgns and motives of the riiing (:
| 1t was queGioued therefore whether the aci OF
others could be imputed TO him. Tits is pro-
ven by the original Trial itfelf and 20 Potter
2l5. coniiders it. "Wiih regard to Purcl,afe
| there was fome dveriity Of opinion among the
| Judges pteisnt at his trial, becaufe il did not
| appear upon the evidence that he had any con-
cero in tie original ridng, or vas preient at the
pulling down any Of The houfes, or any way
aGtiTe in the ou.rages Of the night, except his
| behaviour at the Bonfire in Drury Lane, whittier
he came by mere accident for auglt appeared
to the contrary :" but fuppoie he had been
concerned in the original riiing, or had becn
pTeient At the pulling down The houfss and en-
couragcd 1t by lis voice; would there have
been any doubt? The reckoning of the cafe
ihews that there would NOT and even as il was,
although three Of the jndges doubfrd, the ma
iiori'y OF them agreed in his guilt and he was
/ condemned accordingly. The cafe in Kelyug
IS on which the gentleman 70 much relics to
prove the neceffy OF force is one Of thofe cafes
IN which the trcafonabe intent 10 Only manifeit-
cd by the employment OF force and the extent
TO which il is carried. II was the cafe of A
riot, fuddcn ebuili,ion of popular PATTON
preceded by no concert, no arrangement and a
cafe therefore in which the intent was unfufcep.
+ tbe Of proof, except by the ACT of the mob
1t was u cafe, I will add, in which any kind oil
force would not have been fufIicient to'Eake
it tteafon foT If they bad topped with pulling
down one hawdy houIe, or Opening one prifor
10 let out a favourite prfouer, thar would have
been a riot merely; they continued however
4 a =. ( L n