Alexandria daily advertiser. [volume] (Alexandria [Va.]) 1803-1808, 1807-08-25

necessary to say any thing ). aitihS
charged in the indictmeoo,, = ). 'as caa,s,'
war against" the u. States. -: levi,
being thus cons,i,u,ioually dess JUS
only question at this stage Of , IN
is, what shall constitute an o ~. seqqGA
levyirg wa. against the u. s ssg
1t is obvious that the ip,e,v.,.
the first movements Of .rea.ao.s ss'sss
spiracy and actual hosulitie, ;.s aSs Co..
There may be a conspiracy to ,s' @'as
bur this is no, treason. 1b,v ssy va
vance step farther. They NAV va %ay
prcjee. atp!an for Iesyiog war. S N.Y. q
may proceed ,o,levy troops; ba !" !. sa'!
not 40 Overt act Of treason. j, h.. ,ps
been adjsdged by the suprem. coa, r' !. va
y. States thar the concerned person. aas
proceed one step further; the sen,es a'y
dividuals may proceed TO place # ~
devious; aud yet remain on the s,r 81
Of the line Of treason. Bur. cen,I.s
common sense and principles found. 1s
considerations of na.iona! safev oh,s
" require~that the crime CT treason ,s.,
be declared to be complete, b.for.
con mission of actual hos.lIi;ies sp,;,., u
government. If any hos:il;;ies maa1 '
committea. wha; is the coaseqssoe,, S
Why, that mae NAV take It's s,en, ~,
he is sufficiently strong 10 laugh at Al S Sa.l
definitions Of treason. He will 20, , n,a
blow; he will no. ecmmeec1 ac,usIh'.
siIiiies, until be is prepared to CIV. sG,,,,
to that slow and TO bid defiance IL r...
governments. Where then is the pon, :,
which reasonable conspiracyshaa Sc .,a
to have arrived at It's maturity ! sn.v.,
when there's IN assemblsg- of nsu en-,
veued for the purpose of efsc.uc b. fa,,,
a reasonable design; which force !, n
tended to be employed before their tI;s,,,
sion. The acswer which | ncw or. !,
notli'erally, bet is substantially The s.n.
with tina, furnished by the supreme CON-
Of the U. S. and is given in couforc,i,y !,
wha. understand to be the .e;s;, Of b.,
decision. In the epioion of tina. csur, d..
iiyerea by the chief justice on III. cas,,oI
Bollnaan and Swarswou,, theirs occur Il.
following expressions: "It is 40, III. in,
.ention Of the court to say, that no i,H.
ridual eau be guilty of this crime who b.,
not apps Jared in arms against ais ceusy
% the contrary. /. war be actually levi
ed, tia. is, if a body efmes be actually as.
semb!ed .jar the purpose Of e8ecmG !;
fierce, q reasonable purpose, ali those sho
perform any part, however sunie or hcg.
ever remote from the sceus OF ae.i1u, sed
who are actually leagued 10 tie g:o.;l
conspiracy, are 70 be considered as lrai.
.tors.;' II war then BE actually j.si.d ia
this manner, every person ceaee5cad iso
he considered as traitor. The came ils.
is ezpfessed.in Ten or Gfteeo o,hsr esrll Of
this decision. "To complete the cNa.
Ct Ievying war against the Uoi'sd Staisi'
there mus, be an actual assenk!aqe q ntr
far the. Purpose Of executing a trsassnsAs
design" And agsin 9 Ia tie case s'T
before the court, a desisntc ovet'ugu tie
goveynmentes The T. S. at ~ CricsssbY
lsrce, would hare been unquestiouab'g a
design, which, i carried ia.o execution,
would have been ,rsason,. and tie ass,n'
5!ags cfG body s'e, for the purpose Of
carrying into execution, you'd amount 70
levYing war. aga;nst,.as UniIed States i;
but no conspiracy for this object, no co.
listing of men,;o effect it., would be 40 az
tual levying of ws-'' Ii then according
20 this definition. the accused and bis ssse.
.eia,es had assembled together to attack NJ
Orleans aud separate it from the Ual'a'
though 30 actual force had been u'so'
though no battle had beer fought, 'h'F
would have been guilty OF treason. inc
same idea also occurs lie these passages
" It eanoot be necessary, that the wholea
my should be assembled and that the var ~,
ous paris whic!, are to compose j. sb0u'
have combined. Eu. it Is necessary A,'
there should be an actual sssenelsSS''
I" The meeting ofpar;iculsr bodies OF Hta