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It is the virgin of the world ; I remember , I have read in one of your European books , of a holy hermit among you , that desired to see the spirit of fornication , and there ap - peared to him a little foul ugly Ethiope ; but if he had desired to see the spirit of chastity of Bensalem , it would have appeared to him in the likeness of a fair beautiful cherub . In this case there must be proved , first , an unlawful assembling ; for if a number of persons lawfully met together ; as , for example , at a fire , in a theatre or a church , should suddenly quarrel and fight , the offence is an affray and not a riot , because there was no unlawful assembling ; but if three or more being so assembled , on a dispute occurring , they form into parties with promises of mutual assistance , which promises may be express , or implied from the circumstances , then the offence will no longer be an affray , but a riot ; the unlawful combination will amount to an assembling within the meaning of the law . It has not escaped the attention of the Commissioners , that the deed referred to is insufficient to pass the estate in the lands intended to be conveyed , and may be otherwise defective ; but if necessary , this defect may be remedied before the meeting of the Legislature , which the Commissioners are advised will be done . As a synopsis of Cooley 's position , Fairman wrote : " The matter was pending before the Supreme Court and perhaps it was not proper to comment ; but if the claim were to be upheld , ' an innovation will be made in our system which ought not to be made without careful consideration and deliberate intention . But because so many authors have written about them that my remarks would only pass for repetition I will not relate more , except to say concerning the cruel and barbarous manner of the Indians , that they are indeed furious when one angers them ; but if one leaves them in peace , does them no harm , and treats them according to their ways in a friendly and goodhearted manner , they will seldom injure a Christian , except if given cause for it .