from
Bouvier's Law Dictionary, Revised 6th Ed (1856)
LEVYING WAR, crim. law. The assembling of a body of men for the purpose of
effecting by force a treasonable object; and all who perform any part
however minute, or however remote from the scene of action, and who are
leagued in the general conspiracy, are considered as engaged in levying war,
within the meaning of the constitution. 4 Cranch R. 473-4; Const. art. 3, s.
3. Vide Treason; Fries' Trial; Pamphl. This is a technical term, borrowed
from the English law, and its meaning is the same as it is when used in
stat. 25 Ed. III.; 4 Cranch's R. 471; U. S. v. Fries, Pamphl. 167; Hall's
Am. Law Jo. 351; Burr's Trial; 1 East, P. C. 62 to 77; Alis. Cr. Law of
Scotl. 606; 9 C. & P. 129.