Alexandria daily advertiser. [volume] (Alexandria [Va.]) 1803-1808, 1807-09-16
oPlNioN
lf.4he Court on TIE anosicn &c Afress q" ~,
evidsnce. Eelivefede n
MONDAY, August 81.
.[coxTasuEpl

pcars 10 have prep Ateu ." 3 CO.. - 80 s.;
<tion. he says ..she cour, aresof op.nfasns
that il 4 BODY of people coaap're snd :fne'
1i,a,e an insutreetion so resist or oppose
The execution IL a ssa,ufe st the Y > .by
force. that they are eriv s l'ltys Ct, .hsgn
sn.isdr meanor b,sh ,hey proceed 10 car.
~ suca intention Ipta cxecu lon by .terees
TIA, they are guity OF The treason o. 'Svy-s
ig wa,; and he q,snsusa OF the lofc Sc : 'll'
pioy ed neis her increases or dssn'n'snes '"e
crime !: whether by ore hontred OF one
.shcuss a,i prrsans, is 1wb dhy 'ninasefial'.
e..fne court sresof opinion. thar cum !.
sbios,,sn or Conspiracy 70 levy war ware, aga'ns,
the II. S. is MOI reasSn unless con- s'nsd
viii, an stse d. OF 10 carry such combination
or conspiracy into easeasion. seine acsus''
f,sce OF violence mast be used N p,issuancs s
of suii'h drsig 90 T. levy war but that u 's
al.aue her i.nmasrr,al wheshsr the sfnr &c
nsefi be srfIisisns 10 4 f-ctuae he cbj scss'
Any inrcs connec.rei wih the in,rn''oI WI
t.nss,,utr the crime ot lrsy,ng OF var
In sarioas psr, sof the opanion-dthve ed
b. Judge Chase. IN The case of FIRES, the
same .rnlm-nts are 10 b. found. IS TO
b. observed, that shssr sjuslg Is arc no, COZ
tent that troops sh. old be assr nhl> q IN 2,
condi ion 10 { faploy force. According 70
them sems ds gree Of force must have 6;en
actually employed
The judges of the u.S. them 50 LAT ss
their op,n,oos have been sqaoied, seem 20
have ,eqalred still more II consti'us Tue
s &c, Of levy ing WAX, than has been re quIso
by ths Esglish books. Our judges seem
= have required shs sssYh d FAys55Sslss 8!
gree Of v,elencr. 7 his however may be,
aad probably is, because. ID the casss 10
which Their soptnious were given, ihe dc.
s.ea no, hs.;pg been to osertnrn the go.
vvtnmenr, bai 10 resis, The execution .ot .
Law, such an assemblage would DC suthc,en,
f3s he parpose, az 10 reqaire the actual
emnloy men of force TO rcnder the object
uneqliScral.
BIZ, !, is said all these authorities have
been ovetruled BY the decision OF he SUI
pre- me cour, ia the case oil, ths IL
,p.,oss Swariweut aud Bpilman.-
/, the Supreme cour, have indeed en-.
,.nrs d the doctrine "a treason. fut,her5,han
i, hs. heretofore bssn CARTS dby the Judges
..of England, or vt this ceunsry, their dc,
cis,ap would be suhm,,'sd to. AT leas.
thls ccu,t could go 20 iur,her than to CO.
des.or gain 10 bring he point drsc y be-
fore ihs IN. IL would however be xpected
that aus opinion which is TO override all Tor.
m. piece dsn,s, and % establish spf'nciPle
never before reccgnised, should be e1.
prrssed in PLAIN an6st xplicit terms. a
mere implication, ought NOT 10 PROSTATE
-pr,nc pie which seer ms TO have been SO we'll
xssabhshtd. Had thriutentio been enter
,ainrd 10 make so material change iarshis
resnrct. the court ought to have expressly
declared, hat any assemblsge ofmen what
ever. who had formed reasonable design,
she her 10 force OF not. whether IN a Con.
sitions 20 attempt the design OF GOT, VIE.
,her attended wihwathke appearances or
NOT. constitutes the lac. 1t isvying war.
Yer no declaration TO- this Smoun Is IN dr.
!. Nat an expire ssion Of the kind 10 to- be
found id the opinion OF the supfeme cout..
The fcunds,ion on which this alenmen,
rests IL the um,ssion of the crurtsto state,
TIA, ih~ ss.,n.bl gr which constitutes the
J. fsct Ut lrsyirg war cush, 10 be IN force,
and snme pass 8 8, which show hat the
.uuss,,on respecting The na,urs of the as
semblsge, " as no, ,hr mind of The court
:. when the. opinion was drawn, which pas.
sages arc m,ns'ed with others which az
$ lras, show that there was no inie ation, 70
j depsr, from the souise>of the precedentsi p
). cases of treason bv ls.y,ng war
Every opinion. 10 be correctly, undef.
s,oad. p0ghsso be considered wish = view
; toihe casr IN which il was deii.rrrd. EIu
che case Of The Uuited S a,es againas Boil.
man ADD Swatswous. there was no e,idspee
that even two men had EYER met for the