Alexandria daily advertiser. [volume] (Alexandria [Va.]) 1803-1808, 1807-09-17
OPINION
9Th Court on the m0sia,l to arrest fas
evidence. DeAveredon (
MONDAY. August 81.
fcoaTlNuED.l

n
speech: crlla { for which the prisoner now
before tiscouft hss, been committed, war
soussbe acsaaliy levied against the u >.
However asgi.,ous may be the crime OF
conspiracy 10 snbyertby force the govern:
H,ent of~ourecounuy, such conspiracy q
Dot. ireas..r. To con~pise 10 levy arand
attualIY tojesy war, are dlsf1net offences.
The. 6rss NOR DC breaght inso operation
by The assen6lsge Of men for 9 purpose
asseasenabls III itself, or the facs>os lssyirg
Nv ar .caannt have been comaaltiedD
sAlihoughsiti is not expressly stated that
1 the sssembisge of men for the purpose OF
carrying 1n;o ope. asiop the .treasonabie in'
tent, wbichwllI smoant 10 levying war.
mnstbe an .assemb!age IN fsrcs, yet Il is
fairly 10 be inferred Isota the context, and
nothing ike dispensing wishtoFse appears
40 this paragraph. ms -Espfs-2soss ase'
: :" TO .cepstituls the crime war most be &C,
.uailY levied. p" a conspiracy TO ley @a a
) 10 spoken of as g q conspiracy 70 subyert
by force the government Of our country"
speaking 10 generalterms ofan asss mblage
of men tor this, or for &,y other purpose,
: person would naturally be uneerstood as
speski0gof an sssenblsge in some degree
5 adapted 70 The. pp,pose, IA assemoage
10 subsert by force The gpsernmensof our
coun,ry. and amounting to a lsvying OF
war, should be an assemblaSe IN forcr.
In subsequent paragraph The court says
"it is not the intention OF the courtto say,
thar 20 individualcanbs quits ct ihis crime
who has not appeared 10 arms against ms
xonn,ly. On The contrary if war be ac,u
! altyleyied, thar is.&if body OF. men be
actually assembled 10 order 10 effect by
force. a treasonabls purpose, all those who
perform any part, however minute, &c, &
who are acknowledgement n'he general con-
spiracy, are.rrai,ors. But there; mast be
an aciua! assembling Of men for the trea !,
sonable purpose to constitute alevying ct
war
i The observations made Cd the preceding
paragraph apply to This. "A body of msn
actually assembled, in order 10 e!fect by
force reasonable purpose must be a
body assembled with such appearance. of
force as would warrant the opinion that
they wsre assembled forthe partieularpur-
pose an assamblsge to constitute. an assu-
slieyyiag of war should be an assemblage
with sueh appearance of force as would
Justify the opinion that they met for the
purpose.
This explanation, which is believed to be
'syhe natural, certaioly not strained expla-
tipn Of the words. derives some additional
aid from The terms 10 which The paragraph
Ia, quoted, commences. I" Il is not the
insension Ct the court TO say that no indivi-
dual cap be gaAsy Of treason who has NOT
appeared in arms against his country. -
These words seem TO obviase an inference
which might otherwise have, been drawn
fran, the preceding paragraph. They in-
dicMe ina: in The. mind of the court the.
asssmblage stated 10 that paragraph was an
assemblsge 10 arms. Tha, the individuals
who composed it had appeared in arms
against their cosntry. That is in other
words thar the assemhlase was military
warhke assemblage-
Tbs succeeding paragraph IN the opinion
reia,esto q conspiracy aud serves 10 shew
that force aud violence were 10 the mind
of the court, and that there was no idea
Of extendng.ihe crime of,reasoa by con.
struction beyond the constitutional defni-
ton which had been given of it.
Re,urningto the case actsally before The
court. il is said ga design to overturn the
government al the Upiled States In New
Orleans by force, would have been unqnes-
tionably deslgo which If carried into effect
would amount to levying ofwar against the
u So
Now What could reasonably be said 70 be
az assemblags of a body of anen for the
purpose OF over,urning the government OF
the United States 10 New Orleans by