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-1 ur ar the plansof fair deilzhtrul pcare, nwarpd hypar'tv rge, to live like Brotheri, Vol. VIII. Thursday, October 1, 1807. Nov 41$. .And ' : - ;. : - " . ' OPINION OF THE COURT 0i, the motion To arrest the Evidence in Burr's Crfat Delivered August 31, 1807. CONTINUED. THE ca3es pat by Hawkins are all cases of actual force & violence, " Those who rebel against the king, and take up arms to dethrone him." in many other cases thbse 4 who in a violent and. forcible manner withstand his lawful au thority." Those that hold a fon or castle against his forces, or keep together armed numbers of men against his express command." These cises are obviously cases of force, and violence. ; H iwkins next proceeds to des cribe cases in which war is un derstood to be levied under the statute, although it was not direct-j - m . - 1 ly mi le against the government. This Lord Hale terms an inter f I k I 1 gU-VVVUIU WWtVvJ, II ptaiive or constructive levving ofitate a particular event as not hav- war ; aim a wm uc pciccivcu uuu he puts no case in ivhi :h actual force is dispensed with. c I'iiose aLo, he says, ivho make an insurrection in order to redress a public grievance,- whe ther it be a real or preten ed one, and ol their own authority attempt j 7vith force to redress it. are s;tid j to lew war iccainst the kini?. txU'i though they hve no direct design against his person, inasmuch as t!u.v insoleutly invnde li's prerosra t live by-attempting to do that b) private autnonty wnicn ne oy pub lic justice oughtto do, which mani festly tends to a downright rebel lion. As where great numbers bij force attempt to remove certain persons from the king, &c." The cases here put by Hawkins of a constru tive levying ot war, do in terms re quire force as a constitu- i i lent part of the description of th e I Hence. ; Judge Foster, in his valuable treatise on treason, states tfne o pinion which has been quoted from Lord Ha!e, and differs fr)rri that writer -.0 , far as the latter- might seem to require swords; drums. cciour3, &c. wh it .he,? terms the pomp and pageantry rvf Vv ry as es sential circumstances to constitute the fact of levying wr. In the ca ses of Demarce an0 Purchase, he says a tne want ff v;iujv, "-llClilll- stances weighed Nothing with the 1 court aUhou-h th4 prisoner's coun-1 el insisted mah on th -1 matter." j Cut he, adds, i the number of th ! i?urgfit, supfpl,ed the want of military we 9ns . and theV wcre T)riVlrU-f! urM ' a acs, crows ana o- tner tools ol it is apjyarcpt that :tTt aI U:Jts to an assemblage in lorce, or fa T ,ra T-r .! 3 . condition 4 1 cl i per for the! TT W"4 with a dcsi" to destro'v our tend, d to f ' 1- theJ' ln-YshiPs ?" Ir. Phipps stili insist- . JrilfJ? eS-a- furor anna N " u ouW not be in actual levy. contenin!:,.,i n .i;.w,-uu iu say uiacoecause the I if v. x I f-. - - in rnrt.. ";v. . j'-t uc fi.Mrucuon ot law, hi son " Within the clause of ltVyin- go tiva- t'rt -ar P-Ut b- Fo,ttr of con- " a maternl inffedient. ter his th 8J.efe;i r, m,ithvvd1dimend? That thev taW hert t irl -V ' .W,th lH;,t """'"On, that they came edjin ?:"cf "0t ' W th"t l'ftUre' tt they 'came cute ' tle tre"soe7 Cf e" : bu?StS aod funded the ship . JdFos,;r J r lf ., -I-Vt ns ned on by counsel insr,?;ction, to of Vaughanas in this . - -WtLlil III. P JL . Wf ,1 U-i. ' IE -' mplovm.ntolfor.e. Af- ! other in t n . ,0 S've tr f! ,wL.. , ,. . rk- otner in t aoces of iput m .V6 wrougn tins bran, h of " Attacking rh IX"'- , :lTt ne proceeds to srr. --...6a iorces u, e 1 In a , a,.f ... . i SUte PPO;"ion to his authoritv uhn"v ' -u'lVvying march or in oa.rr.r. ; , r " " , wncre tUe war is . liokhng a tended directly against the govern ment. .' I He says, sec. 3, An assem bly armed and arrayed in wailijkc manner for a treasonable nurnore T . is helium livatiim though not beVum pucussum Listing and marching are sufficient overt acts without coming to a battle or action. So cruizing on the kings Isubjects under a French , . comtntssion, France being then at Avar with us, was held to be adhtrrintr to the Oting's enemies though no other act ot hostility be proved. I ' An assembly armed and ar rived in a warlike manner for any trea'bbnable purpose," is ctrtainly in a state of force ; in a condition to execute the treason for which thev assembled. The words "en listmg and marching," which are overt acts of levying war, do in the arrangement of the sentence, also imply a state of force, though that state is not expressed in terms png nappeneu, prove tn it event to have been the next circumstance to those which had happened thev are u without coming to a battle or action. " If men be enlisted & march," (that is if th y march pre pared for battle or in a condition for action, .or m rchingl a technic al term appiitd to the movement of 4 military corps) it is an overt act ol levying war, though they do-not come 'oabauic.or att'mn. This ex- Lkyo lt;on 1., r.mdearcdthe stronger by Wvhat se ems to be nut in the samp , ! sentence as a parallel caie with res pect to adhering to an enemv. It is cruismg under a commission Irom an enemy without com-j muring any other hostility . Cruiz ing is the a.t of sailing in warhlTe foimand in a condition to ass-ail those of whom the cruizer is in qui-st. This exposition which seems to be that intended by Judge J?oser, is rendered the more certain a relerenrr tn tUt 1 . - 111 iijv SlillC Urials from which the extracts are Maken. The words used hv th- Chief Justice are 44 when men form themselves into a body and march rat.k and file with weapons offensive and defensive, this is le vying of war with open force, if the dbsigu be public." Mr. Phipps, the counsel for the pri soner afterwards observed, 4fc in tending to levy war is not treason unless a war be actually levied." To this the Chief Juctice answer ed. ' Is it not acidally levying oi wa-, if they actually provide arms, and levy men, and in a warlike manner set out and cruize, and mg oi war unless thev committed j some act of hostility. ! Yejj, ih J deed, said the Chief Justice; the ! gmg on board and being in a pos- A. . j 1 1 urc lo aUt1CIC tQe king's ships." --,t,u. actaairigWng. In this the counsel was very properh over.rukd ; but it is apparent that the judges proceeded entirely on trie i lea that a. warlike nnst..',. indispcnsibie to the fact of ievyimr mai war cou d not he ! ii th .1 . Turfrvo T7 j , aiast fthe king or His forces, ify actual force be used in order to keep possession, is levying war. But a bare detainer, as suppose by shutting the gates against the king or his forces, withnnf nnv -nth- force from within, Lortl Hale con- ceiyeth will not amoant to treason." J The who'e dortrine of Judge Fester on this -subject, seems , to demonstrate a clear opinion that a sate of force and vioience,: a pbs tare of warluust exist to constitute tfjchnirallas well as reallyvtiie fact of levying wart 1 Judge lilaclistone .seems h con cur with his predecessors; Speak ing of levying war, he says. ? This may be done by taking arms not only to dethrone the king, but un der pretence to refo rm relirrinn- nr j :h; laws, or to remove evil coun sellors, or other grievances, vhe ther real or pretended. For the law does not, .neither can it per mit anv private man or srt of men to ntrfere forcibly in. matters of suth hhPimportance."'? He proceed- to give examples of levying war, which show that he contemplated actird force as a nrcessat-y ingredient in the compo suvpri of this crime. ft would seem th-.-n from th? English authorities, that the words ks levying war," have not received a terhhual.dilTerent from their na turiT meaning, so far as respect the Character of the assembluge of mtq which may ccn .titute the tact. It iuust be a warlike assemblage carrying the appearance of force, and in a situation to practice hos tiitf. Several Judges ot the U. States have given opinions at their cir cuits on this subject, all of which deserve and will receive the parti cular attention of this court. In, his charge to the grand jury wheti lohn F conqiience of a forcible opposi tion to the direct taiudge Ire del Tis understood tcJSuve said, " I think 1 am warranted in say. 'ng, th u if in the case of the iri surents who may. come under our consideration, the intention was to" prevent by force of arms the execution of any act of the Congress of the U. States altoge ther, nay forcible opposition calcu lated to carry that mtcnttdn into effect, was a levying of war against the tJ. States, and of course an act oi i reason. io levy war then, accdrtling to this opinion of Judge 1 1 etjelU reguire4the?actualiexer tioatoffjarce; dg PattersbbTiti his opinions delHei-ed in two: difierent cases, af not to diflr from Judge IfetMl. : He docs: tiot. indeed. precisely otate the employment of yvmg.rar but iri giying;Iyis opi nion; in.cases in whic:ftjrc5e:as ac tiiajly ern ployed; he ;ci;silers the crime In one case depend. t orj trie intention an4 in the otBer Case he ays, 4 combin.i hg these' facts and ths:,de3ign,,, hats; cornh ;ing actual force with ajtralbi&le design) the crime is fngh.trMson,? 'IIIf.rrH' Kf afa Kih nli.n4lirliKrttul opinion that f6rcewis neces ark to constitute the crime of le- -fedge Chase has Seen particil lArli? clear and exolicit. In an o- yhic1i he aaVsto have rrt)fl Oared " on rtt-kt nneirtofarixV :.PNysf,;-'CTheourt are of dpi nick that if a body of people coii we tnieditate an insurrection xoresiiit or oppose the execution ofpstatiite of Hhe V: States by iorce, thlt they are only guilty of a high misderiieandr ; but if they jroceed to carry such intention into execution by force, that they ire. guilt) of the treason ot levying War ; and the quantum of the force employed neither increases rior di minishes the crime $ whether by ne hundred or one thousand pei jpAS, is wholly Jfturutetul. . . The coWt are of opinion that a combination or consniracv to le vy war against the? U States, is not treason -unless co mbined with an attempt tocarry such combina tion or conspiracy: .into execu ion. some actual force or violence musi be iisedA in piirs dance of such de sign to le?v)K war ; but that it is.al together immateri.d whether the force Used , be sufficient to efT c tuate the object. Any force con nected with the intention will con stitute the crime of levying of war. 3jln various parts of the opinion delivered by Judge Chase, in thr case of Fries, the same sentiments are to be found. It is to be observ ed, that these Judges are not con tent that troops shouftl be assem bled in a condition to employ force. According to them some degree of force must have bien actually employed. The Judges of the U. States, 'ben, so far as their onin'mn ftnv- fa. n quoted, seem to have requir- . tl b. mi more to constitute the lact ol -eyying war, than has beim re quired b the English books. Our Judges seem to have required the actual, exercise of force, the actu 1 employment of some degree oi vioknre. This however may be, nd probably is, because in the ca oes in which their opinions were jfiven, the drsign not having been to overturn the- government, bu1 o resist the execution of a law, uch an assemblage wouid be sul ficient for the purpose; as to re quire the aetual employment of rorce r0 render the object unequi vocal. But it iss?d all these authorities have been overruled hv tK . J - XJIVI sion of the supreme court in the case ot the United States strains! bwartwoutand Bollman. If the supreme court have in deed jxf.endd the doctrine of trea son, further than it has h been carried by thejudges of Eng. ...v., vt vj vtii Louuiry, tneir de cision would be submitted to.'- At least this court could go rio fur- mer tnan to endeavor again to bring the point cfirectly before inern. it would however be ex pected that an opinion which is to overrule all former precedents, & to establish a principle riei'er be fore recognised, should be . ex pressed in plain ahd explifcit terms. A mere implication,. ught hot to prostrate a principle which seems to have beeit so elicltabitshed. Had the intention liceU entertain ft to.maloterriala jilHge in this respect te cbuft oiiaHf hfePtPsly. declaxedthat ah assemblage of mewnateVer, who had formed a treaooriable desicm whether in force, or nT whether m a conditioa to attempt the de sign or not, whether attended with warlike appearance or not, costin tutes the fact of levying wan Ye holdeclaratipn to this ahiodnt i. made; Not ari expression of the kind U to be found in the opinion of the supreme court. The foun datioit on whih thii argument rests is the omission of the court to state, that .he assemblage which constitutes the fact of k.v inK wa ought to Hi in force, and torti, passages; which show that th question respecting nature of tne a-ss,em!;lage, was not in the mind of the tCmrt when the op . mon was drawn, whi h paag s least showthahherc was n4 inten jtrm therU ol o) i )ing war very opinion, to be corrertk understood, ought to i red with a vl b s conside rea witn a view to the c ,B.;..;u it was deliver d r7,UHUlul the Udked State's ' C C8Se 01 d Swartwout hT BoUman nthateventW ?'- Plan, ln lT . uting - ted. It was therefore sufficient for the court to say that updess meii were assembled, war could not; be levied. That case was: decidbd by this declaration. v The court might indeed have defined the spe cies of assemb'age whch would amount to levying df vvar, but, as this c)pinipn was not a treatise on treason, but a decision of a parti cular case. exnressions,of douhtfnl j import should be construed in re- terece to the case itseli ; and the mere omission to state that a par ticular circumstance was necessary to the consummation of the crime ought not to Se construed into a declaration that tie circumstance was unimportant. General ex pressions ought not to be consider ed as overruling -etted principles without a direct declaration to th: t efTec'. Afttjr these preliminary observations the court will proceed to examine the opinion which have occasioned tliem. (To be continue J.) L6Asr.OFiCE, N. Carolina, yuncl2tb, 180. .J Notice is hereby giveii, THAT, in conformitj with the provP sions of the act supple nentary to tlie acty intuled An actm-King provision for the redemption of the whole of the public debt f the United States," hooksvwill be open ed at the office of fhe commissioner of loans for North-Carolina f nthe first day ol July next, to continue open until the btveutemh day of March, 1&)8, inclusively, 'he fourteen last days of each quarter ex cepted, FoHhe purpose oF receiving sub scriptions for such parts of the old six per cent, deferred si per cent, and three per cent, stocks, as nay, on the day of sub. s;ription, stand on the-books of the s:lf1 commissioner lo ins Those proprietors of the old six p?r cent, and deferred "Stock s, ho may sub scrbe, will receive in lieu ihereot a new iix per cent. st ck, equal to the unredetm d amount of the stock surrendered, re deemable at the pleasure of the United States, under a proviso however, that no reimbursement shall be made except t'oi ht whole amount of any such V.ew certin jate of stock, nor till after six months previous notice : and the proprietors of the three percent, stock, who may sub scribe, wiil receiye in lieu thereof, a six per cent, stock, exjuai tosixty-fiveper cent, of the amount of tjfgre'per cent surrender ed, redei rtiable lqlthe same manned as ihe aew six . pel Sent, abovenentioned, bat not reimbursable liowever, witbout the as sent of the holders, unol after the whole of the new six' per cent, (given 4n ex change for old six or deferred as above mentioned,) as well as the.wr.6le of the eight per cent, stock of the Un ted States shall have been reimbursed. It is alsd providtdhiatin every reimbarsementwhieli may take plaCej a preference will be giveii co those creditors who fnay notify , the wish to be reimbursed : and thai- it plicatkjns to that eect shall at any time .wuor laii snort ot tlie sum then appncaoie to that uurrose. the hr r;, payment shall, so far as may be necessary Of The present siock-holders whm-ecMo a..y part ot Europe, and mav assent to pit .B4,Kfioation,.may, at their cpriou re.etve the interest accruing on the .new ock, either m Uimtd .States a& here- v ;rore, or in oviitUn, or Amsterdam, at par : isi which iasc cae. ihp ; be pad there by the bankers of the Uuited .States, s.x months subseouent n h on wh.ch the same would be payable in the United States and subject to no variation mr to any otner deduction than acommis, sion to the bankers, of on half per cent, oa the interest thus paid. S. HAYWOOp. Vonvrnifsioiier 6f Locmi. Proprietors of 1000 dollars nominal six per cent stoc, suoscribed ueforfe the 1st October, laor, will be entuletl to receive fiiq fio nf .. .: 1 1 s ..bscr 1 bto bi ween the 1st October, anv! 3 1st Decem ber 18j7- . Btiwecn the 1st of Jan. and V'.h March 18u8 Proprietor! of 000 dollars nom naj' derred, subscri bed before tlie 1st Octo ber lfH, will be entitled to receive, U subscribed between the 1st Uccobt-r ana 3i$t Decem ber 1807. Bet ween the 1st January and 17th Maich 644 37 619 8i5 7$ 853 62 S31 42 - Beinaf ths unredeemed old stock on the 1st July, and October tl.e bctv low, auu ist January ipw, respectively Proprietors of 1000 cent, stock, wil be entitled to receive bid Ul IICW 31. STLUBEtfs Military Exercise; ; f tr me at tan 0r' . ) were charged wi.h v -Pcraon ,. I U -VWg Miliar1
The Weekly Raleigh Register (Raleigh, N.C.)
Standardized title groups preceding, succeeding, and alternate titles together.
Oct. 1, 1807, edition 1
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