Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1807-11-03
FOR THE sNGUS.

tie motion 10 Grrest evidence.
THERE is no part of our constitution OF
which clear and satisfactory exposition
would be more grateful to the American
public, than that which defines the crime
of treason. An important trial is now con
Guided, from the issue Of which, we had 4
right to have expected such anexposiuon
and II is with deep regret that we sec in
the result of that trial, new grounds OF IN
certainty and doubt.
II IS TO be hoped that some person with
talents. industry and opportunity comPe-
tent TO the task, will devote some time, u
not to an eXposi,ion) at least to an exposure
Of the numerous sophisms which abound IN
the opinion of Justice Marshall, and which
beniider the understandings of ordinary
readers. The writer of this article, among
other objections to undertaking the task,
has too limited an access &c, books OF legal
suthoritv, 20 Justify him in the attempt.
But there is Que part of the Judges OPT
mon so glaringiy absurd, and to all appear
ance so designcdly sophistical, rs to inva-
lidatc with me the authority of the whole,
and to destroy all respect for the opinion
and fr the Judge.
The part to which allude is that where
the Judge labors with go much art and in
duStry, TO prove that force, either actual or
apparent, is a necessary constituent of the
crime of treason. In order to prove this
tavoritc position, he selected various passa
ges from Hale, Hawkins and others; in all
Of which, a similar mode of expression &C.
ours, and are all To this eject; that when
persons assemble together TO do a certain
set Soitf orcc, such assembling amounts TO
n levying war. The words sVith force. are
distinguished by italic letters throughout
the opinion, ard the attempt is repeatedly
made by species of judicial egerdemain,
and even sometimes By force, 10 wrest these
unfortunate words from their proper posi-
zion in the sentence, and TO Connect them
with the FIRST instead Of the latter part Of
ihe sentences in which, they occur. In o.
ther words he endeavors To make the su-
,hors say, that the asSemhiage should he
attended with force; whereas the obvious
meaning liz that the act intended to be per-
petrated, would be effected by force.
Whether in writing or speaking. wher
the expression is used, that men assembled
10 do a certain sct, it il universally UNDER
stood as descriptive of the purpose for
which, and the intention with which they
assemble, whether SUCH intention he exc
cutcd or not. For example, people may
assemble together to dance, and may cnlv
play cards; vet We should still say they
assembled to dance. Or they NAV assem-
| bic together for the purpose OF seeing state
trial, and they may see only a farce, vet we
should still say that they assembled 10 see
n trial.
| The authors who have defined the i'm
Iport of tho term ieUying 7oar, found it nc
cessary to introduce the words wiih force,
and for this evident reason. In order 10
iconstitute rho crime Of treason, the object of
the asscmhlage must be Of public nature,
land It was of primary Importance to dis
t'uGuish such assemblies rs intend to accom-
iplish their purpose by remonstrance and
Ipttitlon, from such rs intend to accom-
push the same purpose. by force and vio-
ience If the people Of Kentucky should
assemble in numbers, however great, in or
der TO petition congress that the country
! west Of the Allegheny should be erected
into separate sovereignty, this assemblage
would not he reasonable. Rut should they
assemble fer The purpose OF effecting that
| separation by force, this would be an act of
treason: although in every other respect,
and to all outward appeance, these two as
semblies might differ in no degree.
1t was in order 70 draw this necessary
and important distinction between treason
able assemblies, and those whose object i,
J 1'i''A'i W w CHSCl Ilc SdNiC purpose Dy la "
! tui means, that the respectable Judges who
have commented on the law of treason, have
introduced the words gvifh force i; and for
this purpose they have placed them where
they are placed, and not where Judge Mar.
shall would wish them to be placed
Permit me here, by way of illustration
20 call the attention of the reader to the le
gal definition of an offence where a similar
mode of expression has been adopted, and
IN stronger language, with respect to the
terms force and Uioience, these nugae ca
noreS of the law. | allude to an offence or
rather class of offences termed riot, route
and unlawful assembly. prefer refer
ence to these, because in the external ap-
pearance, the overt act, they strikingly re-
senble the crime oflevying war againstth
state, and differ from il only In object and
degree the one being of private, and tho
other OF a public nature.
This class of offences is Thus defined.
"When three persons or more shall as
assemble themselves together, with an in
"tent mutually To assist one another, a.
l"gainsta who shall oppose them, in the
"execution Of some enterprise Of a lriuafe
'Hdfnre 7vifh force or Uioience, against
"thc peace, or to the manifest terror Of the
l"People; If they only meet to such purpose
''Or intent, although they shall alter de-.
I"part OF their own accord, without don-
"any thing, this is an unlawful assembly;''
&c. q Hawk. 155
Here thenis the description Of IN offence,
HHaa i. Ill. 81 ~