Alexandria daily advertiser. [volume] (Alexandria [Va.]) 1803-1808, 1807-09-12
OPINION
Cf@tte Court on the motion to arrest the
evidence. Delivered on
MONDAY, August 81.
TcoNrINuED.]

been maintained on the part OF The prose.
cu.iop, that neither arms nor the sppliea.
ton Of forcc. or violence are inaispensably
necessary to constitute the tact-ot lesying
war. To illustrate those posiHons several
cases have been stated, naaay OF whleh
would clearly amount 10 treason. 10 ala
of them, except that which vas probably
Intended TO be this case, aud on which 20
observation will &c made, the object OF the
assemblsge was clearly reasonable hs
character was unequivocal, AID wss,de.
H.onstra.ed by evidence furnished ~ the
assemblagc Itself; there was no necessity
to rely upou Information drawo from ez.
trirsic sources, or in order to understand
the fact, TO pursue course ef iatriea:e
reasoning and 70 conjecture motives. a
force is Supposed to beccilecsed for az a.
vowed ,reasonab!e object, in condition to
attempt that object, aud to have comaenc-
ed the attempt BY moving towards It,
state these particulars because although the
cases put may establish the doctrine they
are intended TO support may prove tnsi
the absence Of arms, or the failure toapp.y
force 70 sens,ble objects by the actual com.
mission of violence on those objects, may
be supplied by other circumstances. get
they also serve to show that the mind re.
quires those circumstances to BE sa:isIrd
that war is levied.
Their construction of NE opinion OF the
supreme court is, think, thus tar correct.
/, is certainly ,hc,opinion which was az the
time entertained 5y myself, and which is
still entertained If a rebel army avowiog
its hostility to the sovereign power, should
fron, tia. of,he government, should maren
and counserma1ch before i, should naalru-
vre il its face, and shos,d then dispense
from any cause whatever without hiring a
gun, confess / could Dot without sone
surprise, hear gentlemen seriously con'snd
that this could nos amount TO 40 acs OF le
vying war. A case equally strong may De
put with respecttO the absence CT military
weapons. If the parry be in q ecndlt'on
10 execute the psrposed treason witnoutthe
usual nipple menss Of war, can perceive 10
reason for requiring those implements in
order 10 constitute the crlu,e.
ltls argued that ne adjudeed case can be
produced from the English books where ac-
tual VIOLENCE has not been eommited.--
Suppose th,s were true. No adjudged case
has, or tits believed, can be produced from
those books in which il has been laid deWe,
that war cannot be levied without the sc'u.
al application Of violence 30 externs! CD
.ie:.s. The silence Of the reporters On this
po;a, may be readily accounted tor. y In
cases of acsual rebellion against slic govern
.ment, the most active and lnauent,ai ie2d
ers are generally aaost actively engaged 10
the war. aud as the object can never be 20
extend punishment TO exterminat'on, a snt'
racien. number are found anopg those who
have committed actual hos.ilitIes, % salts.
fy, the aveng,ng arm of justice. IN cases
of constructive TREASON, such as pulling
down meeting houses, where the direct &
ayoweel object is noithe destruction Ct the
sovereign power, some act ct vioseuce
nigh. be generally required TO give 10 the
crime suficien, degree Of naaiigni,y TO
convert it into treason, 10 render the guilt,
Of any individual nnequivocai.
Buy:'Vaughan's case is case where there
was 90 real application Of violence, aud
where the &C, was adjuged 10 pc treason
Gentlemen argue that :Vaugilan was oo!Y
Guilty OF adhefipg TO the kings ensaaies ebut
they have not The authority of the court
for the saying. The judges unqaessicna-
bly, ,rea, the cr1iaisg 81 Vaughan as an act
of levying war.
The opinions Of The bsss elementary
writers concur 10 decisrin5 ,ha, where ho.
dy Of men are assembled for The purpose
Of making war against the government, and
are in condition 10 make that war, the
assemblage is an act Of levylng VAL
These MONS are coD.radicssai by No ad-
iadscd case and are sur anrts1l hN WAUGH