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

pace or general rendezvous WOulu DE SuCn
an asse mblage."
The position here stated by the counsel
for the prosecution is, that the army
+" commencing its march by detachments
to the place or rendezvous CHAT iS OF the
army.) must be sufficient 10 constitute the
crime"
This position is no, admitted by the court
to be universally correct 1t is said 70 be
corr CT with some qualification" What
is that qualification
The travelling of individuals to the
place of rendezvous" (and by this term is
not to be understood one individual by him
self, hus several individuals either sepa-
r1tely or together but not M military forum
g wonld perhaps not be sufficient" Why
not sutic,ent? Because says the court,
THIS would be an e1uvOcai act and has no
Gwar.ike appearance" The act then should
! be unequivoCAl and should have a wariike
appearance 1t aust exhtoit in the words
OF SIR Matthew daie s.feciem 6elii, the APP
! reerance CT wa-. Tins construction is
rendered IN some measure necessary when
we observe thar he court is qualifying the
| position. I" That the army commencing
| eheir march by detachment 10 the place of
! rendezvous must be sufficient to Constitu;e
the crime" in qualifying th's position they
perhaps not be sufficient" Nov, n solita-
ry individual travelling to an point, with
anv intent, could not, withOuj total GiSre
gard of language, be termv' marching
detachment. The court, therefore, must
have contemplated several individuals ira
yelling together /; and the words being Used
in reference to the position they were inten-
ded to qualify, would seem to indicate tine
distinct II between the Appearances atten-
ding the usual movement of a company OF
men for civil purposes, and that military
movement which might in correct langu. &c
he denominatcd marching by dttacn-
lments"
The court then proceeded TO say, g the
meeting OF partcu. ar bodies OF men. and
their marching from places of partial to !;
place Of general rendezvous, would be such
an assenblage."
1t is obvious from the context, that the
| court must nave intended to state case
which would in itself be uHequrvocG', De-
.ause i, W. uld have Il warlke Appearance.
! The case stated, is that Of distinct bodie.
81 men assembling at different places anC
| marching from these places of partial to =
pace of general rendezvous. When thi.
Aas been donc, an asscmbagc is producet
which would itself be uneYuivocal. Eut
when IS it done what is the asSemblage
mere described? The assen.biage formec
of the d fferent bodies of partial at plac.
of general rendezvous. In describing til.
mode of aom:ng to this assem6lage the civi
term " travelling" is dropped, and the
mlitdry term {" marching" IS employed
If this vas intended as defirfi ION of an
asse mEl age which would amount olevying
war, the de6rition requires an assemb!age
at place of general rendezvous; composed
Of bodies of mel who had previously assem-
bled at places 0f partial rendezvous. Put
this snot Intended as q dcfini.ion, for clear.
lily e there should be no places OF pdrtia
rendezvous it troops should embody in the
first instance, in great force tnr the pur-
Ipose OF suDVertiug the government by viOt
cnce, the act wuuidbe uneqnlvncSi it won {
have warlike appearance, and it would
according to the opinion of the supreme
oOu properly construed q Il according Il
the English authorities, amount 60 levyinj
war. But this, though not a definition, j.
put as an example; aud surely it may be
safely taken as an example. II dJheren
bodies Of men, in pursuance Of treasona
bic design plainly proved, should sssembi,
in warike appearance at places of partia
rendezvous, and should march from those
places to a place efgeDeral rendezvous, i
is difficult to conceive now such transGc
tion could take place without exhibiting th,
appearance Of war, without an obvious dis
play OF force. At any rate, 2 court in s:a
ting generally such milt5Ty assembling
as would amount TO leyying war, and hav
ing a case before thcIn in which there wa
40 assembilge whatever, cannot REASONABLE,
be understood in putting such an example
T. dispense with those appearances of wa
which seen TO be required by the genera
T current OF authorities. Certainly the'
ought not 10 be So understood when the
say in express terms, that 4" it is more sal
as well IS more cnnsonant 20 the pr3nCi
Iples Of our constitution, that the crime q
treason should not be extended by con
sttuct6n 70 doubtful cases and tha
crimes not already Within the ccnsttut ona
definition, shond receive such punishment
as the legislature IN its wisdom may pro
p vide"
After THIS analysis Of the opinion of tn,
supreme court, il viii be observed, tina
the direct question whether an sssomblau
, ; Of men which might be construed toam0un
to a levying of war, must appear IN fore
/ or in military form, was not ~ argumen
or in fact before the court, aud Dies not an
. pear 90 have been iu terms decided III
opinion seems 60 have btCn drawn withou
b particularly adyerting tothsque stiou, ant
, therefore dtcu transient flew OF par,icu
= lar c%pr. sions, might inspire the idea thi
a displ, offnrce, dat appearances Of ".
Z were NJ necessary ingredients Co cCnsti
3 tute the fact Of levying var. Bni upon
2 more i,tent and more accurate InvesGga