Gazette of the United-States. [volume], August 07, 1793, Page 403, Image 1

About Gazette of the United-States. [volume] (New-York [N.Y.]) 1789-1793

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A NATIONAL PAPER, PUBLISHED WEDNESDAYS AND SATI'RDAYS JUHN FtlftSQ, No. 34, NORTH FIFTH-STREET, PHILADELPHIA.
[No. 124 Gf Vol. IV.]
tMu Tftt HAIL.
The importance of the tufinejs agitated at the life j
facial feffioh of the Ciicuit C&tfrt in this city %Wv
ing induced the Editor to apply to a gtrxhman of
the bur* who attended the Court, for <a Jlaiement of
it—he has an opportunity of faying before the pub
lic the following fictch oj the proceedings, which
as far as it goes rhiy be deemed accurate.
AT a special Circuit Court of the United
States, held at Philadelphia, July 22d.
(fcdetfo Henfield, was indited for having ert
tsred on board the French privateer called
tlie Citizen Genet, commifljoned to cruise a
gai 11ft certain powers with whom the United
States are at peace—and having with others
on bnard the said privateer taken a prize a
B-itiftt veiTel called the William, his
duty as a citizen and" in habitant of tlie Unitsd
Srates, against the treaties existing between
the United States and the United Nether
lands, Prufiia and Great-Bntaiiiy and again ft
ftje law of nations, &c.
To tins he pleaded not gti'lty, and flfctrtil
#ft?h:s important iflue came on last Fnttey,
the 26ih July.
Jjp appeared inevidence that Gideon Hen
field, was a citizen of the United States, and
that his family resided ih Salem, Maflachufetts
—being a fea-faring man he hdtdf been absent
from them fo-.ne time, and about the firft of
May last, being then at Charleston, SoutH-
Carolina, and desirous of coining to Phila
4e.l|i>lia, he applied to the matter of a packet,
who ifked him more for his passage than he
Could arford to pay, whereupon he entered on
boa d the Citizen Genet, a French privateer,
connn'ilioned by the French Republic, and
commanded by Pierre Johannene. That
Ca ;t. J iha-inene proaiifed him the birth of
p zi mailer on board the nrft prize they
ibbuM capture, and the fliip William, belong
ing to Britith fu'oj■;&< having been taptu'red
ai) »ut the 5 hot' May, he was put on board
her as p Ka master, with another person, and
arrived in mat capacity at Philadelphia.
It appeared that on his examination before
the inagiftrate he profefled himfelf an Ame
4i6an, tnat a, inch he would d'<e, and there
fore could not be ftippoferi likely so intend any
tiling fiber declared that if he
had known it to be contra y to the Prcfident*s
proclamation, or even the wishes of the Pre
iklent, for waom be had the g eateft refpe«st,
he would not have entered on board. About
4 mfouth afterwards being again before the
. flt ne magistrate, he declared that he had ef
j)ouied tlie cause of France* that he now con
sidered himfelf as a Frenchman, apd meant
to mrve his family within their dominions.
The attorney of the diftritt, aflifted by the
attorney-general of the XJaited States, con
ducted the prosecution.
Messieurs Du Ponceau, Ingerfoll and Ser
geant, appeared in the defence.
Alter the arguments .were closed, Judge
Wilson delivered a charge to the jury, in sub
stance as fallows :
This is, gentlemen of the cafe of
the firft importance—upon your verdict the
in fiere ft s of four millions of your fellow-citi
zens may be said to depend—But whatever
be the consequences, it is your duty, it.is our
duty, to do only what is right." . v .
He then (fated the lubftance 6f -thle charges
against the defendant, and piocccdcd
It has not been contended on the pre Tent
occasion, that the defendant has any peculiar
or exclusive right to take a part in
war between the European powers, in dela
tion to all of whom tse United Stages "aie in
■41 Ante of perfect peace and neutrality.
If he has no peculiar nor ejtcjofive right,
it naturalty follows that what he may do, eve
ry other citizen of the United States piayall'o
do—lf one citizen of the United States m>*y
takfe a part in tlie present war, ten tootffafid
may—lf they may take part on one lide, they *
may on the other, and thus. thoAfeiidsr" of*otjr
fellow-citizens may atibciate With •
diflfercnt belligerent powers, defti
only those with whom we have no hoftiiity,
but destroying each other. In fuchacaie can
we expect peace ahiong their friends wHo
behind ? and will not a ciwl war frith all its
lamentable train of evils herhenatunil effedt ?
Yet what is right unAe done, *Mrdeipen
dent of the consequences which I. have .oiily
itated, in order to lay before you the vn?celli
ty of seriously considering the cafe entmftejd
so you, before you decide upo» it. • • "
Two principal questions of fa<ft arifsn
and lequire your determinatioti.
The firft is, that the defendant) Gideon
Henfield, has conrmittted all ast of hostility
against ihe of a power with whom
t'ae United States are at peace ; this has been
clearly eflablidied by the testimony. The
second object of enquiry, is whether at that
time Gideon Henfield was a citizen of the
United States. This he explicitly acknow
ledged to Mr. Baker, and if lie declared true,
it was at that time the leatt of bis thoughts
to expatriate himfelf.
The question of law coming into joint con
sideration with the fa&s; it is the duty of
the court to explain the law to the jnry, and
and give it to them in direction.
Wednesday, August 7, 1795-
It i*' thd joint a«d unstoiwWsfJKnMrt*
court, thit the Ufiited4»tst»j b»Wif « » ftiflfe
of neotralitv, relative to the prefeut war, f|;e,
aetsof hoftHity committed by Gideon lien
field, \+&re an olfeoce again# this country,
and punifliable by the laws of this countrv.
It has been a&ed by his conniel i?» their
address to p&li. a gain It' Wfiat law has he oi
fended ? The answer i<s again# many laws,
binding laws. As a citizen ol the United
States, he was bound to ast no part which
coufd injure the nation, he was bound to keep
tfttf peacte in Regard to all nations, with whom
we are I'.i peace. This vs the law of nations,
not an cxpofl fact* law* but a law which was
iti exileenCe long before Gideon Henfield ex
ifted. There are also positive laws exiting
previous to the offence committed, and ex
pressly decfarfcdf to be part of the supreme
Of the Tand. The conffitition- of tft'e
Uftited State* ha* declared that all
made or to be made, under the authority < i
the United States, lhal! be part ot the ffc
preme law of the land. I will Hate *<> you
gentlemen, so much of the several treaties in
force b&tWetfiY America, ami" any of the pow
ers at War with France, as applies to the
pre Tent cafe.
The firft article of the treaty with the
United Netherlands declares that there lha'l
be a firm, inviolable and umverfal peace, and
i! nee re friendfhip between the States General
6f the United Netherlands and the United
States of .1 nerica, and between the fnbject's
and inhabitants of the said parties.
.The seventh article ot the dt feiitive treaty
of peace between the United States and
Great-Britain declares that there shall be a
frrin and perpetual peace bfetwetfn his
Majertv ants the United States, and betvs'ten
the fubje«>s of the one and the citiaefls of the
other.
And the fivft article of the treaty with
PruflTa declares that there fliall be a firm, in
violable and univeilal peace and Si net re
friendship between his Majesty tte King of
Prulfia,' and his fubjefts on the one part, ard
the United States of America and their citi
zens on the other.
11 may be obleryed that the treaty would
not be less fufficient in relation to the present
qu:2ion lit" " fuhjects" and " citizens" had
nrft been Mentioned.
Thele treaties were irt the niofl 1 public, ttie
ntoft notorious eniffer.ee befoie the ast for
which the prisoner is indi&cd was committed.
Tiie notoriety may indeed be said to. have
been greater than that of the general a&s of
CongrefS|.fince besides the fanM mode of (pub
lication, they are exprtfkly referred to in tbe
Conftifirtiort.
Much h& bern fati On this OCCaficlii by the
defendant's cOtanfel, irt support of the naturil.
rijht of emigration, but little of it is truly
applicable to the prarent queilioil.
JitmSratii'ii is undoubtedly one of tfie na
tural rights of man. Yet it does not follow
stum thence that every ais intfonflAent wirt
the du.ty, it inConlUtent with tbi Site of a.
citizen.
Nothing is inore incocififtent with the duty
of a citizeo than treafoM ; but it is Ijecaufc
he lllfl continues a cit.ien.tjiat lie is liable to
puftifflhient.
AfgrTOflie other obfervationj explanatory
of th? legal princip es which ha r d been agita
ted in tl.e course of the tiial, ttie judge con
c ! uiied by remarking that the jury in a gene
ral verdict must decide, both li» and fact, but
itfcat this did not authoflft? therm to decide it
as ffiey pleased ; thfcy were as much bound
to decide by law as the judges—tbe responsi
bility .w'as equal upon both.
The jury reti ed about nine on Saturday
evening," and came, into court again about
half pass If, when they infomed the court
they ttad not agreed, fhey were desired to
retire again, which thet did, aind returned on
Monday morning, hav ing delivered into the
hands of Jiidge Wilfou ij privy verdict 011 Sun
day .morning, toon at'tef the adjournment of
the,court-- \ ]
One of the jnrvmehinow ejcprefTed Some
doubt's, which occili'itietf the judges Separately
tt> deliver their iejltimeiits un the points of
law, adverted t» in,tbe i charge 011 Saturday
evening, particularly a< to tlie change of po
litical relation in the d.-feudant, trom his
having -heeii lume tim<i abfert from home,
previous to his entering' on board tlie priva
teer,-which was mentioned by another of
the jury.
Tr-ejury again retired 1 , and the court again
adjourned. At half past four tbe court again
met, and tlie jury prelented a written ver
dict, which the court refufed to receive, as
being neither geueral nor Special.
Another adjournment took place, and
about seven, a verdict of not guilty, was de
livered.
At the fame court two bills were found
a gain It Joepli Ravara, ESq. consul from Ge
noa to the United States.
His coun'el, Meffr*. Ltwis, Serjeant, Heat-
Ij and Dallas, moved to qiiafh tlie indiftnient,
for want of jurifdiftioti in the court, when a
eonful ,for a foreign power was defendant,
a Hedging that in that cafe the ftipreuie court
403
"Wft flatter *n SoM p!e»- The rtfottsn •
; ntted^.and a-frfsa.batring l**n after■>
i warif put in, toflta!i»in» the fa«ie It
rfwei ved the fame fate-
Mr. Ravjita then traverltd tfie bill to flie
next session. ,
Several merchants, atrents or consignee* of
Brihffll and French veflek, w* presented bv
the grand ju r y, for having fu r nilhed arms f-nd
Oli'itarv ftiires for fnch'veflfel*, in the port ot
Philadelphia, to be employed in hostile man.
per against powers with wlion* the United
States are at peace
On Monda* "most of" the persons imfcAed
appeared in court, and entered into recog
nizances, and Come of thenv traversing thair
bills to the next (efflons, the attorney of t fee
diftridl continued the remainder till the fame
tiih?.
John Singeltary, who was indiftcd for the
iameoflence with that of Gideon Henfield,
not a-ppearing his recognizance, was forfeits
ed, and relpited till next Session.
for the gazette.
tan. Fit k.o,
THC writer under tie fignatnre of " Phi
lanthropy,vho fiirntflted t!>e article in
vnnr Gazette of tlie 241 th instant, on the
j<?ft of the Borough of Eafton, has afl'umed a
title which but- illy corresponds with tlie Spirit
01 tendency of his publication; for, whatever
humour there may be in it, there is certainly
not a sprinkling either of good nature or good
manne/s. Otherwise, he w6nld not have in
voked in the fame stupid jest tlie Negro and
a rsfpeclable Citizen, valuable in hi-; Nation,
as a member of forietv, whole urlfan'ty of
disposition. it I mistake not, has induced many
acts of politencfs and hoSpitafity to the author
oftfiat piece; but where is the wit who will
not Sacrifice his friend to his joke ?
Me has, however, meditated a more seri
ous and ineXcusable injury, when he bai made
an entire community the ohjeft of his far
calms, and when fie has wantonly endeavored
to Check the growing prosperity of a town,
which, if Me, fhouid rather be encouraged
depre.'fed j hut which, 011 the contrary,
he knows to polfefs great natural advantages,
to be the nii't for the produce of an exrer.five
cau&try, to be already comparatively popu
lous and wealthy, and to be daily and rapidly
intreafing, *s well in population, as in manu
faffurfrs and tnrrprove inert ti of every kind.—
When he Vouched for the authenticity of the
information he grtfe' you, he (Wtild not have
involved the whtjle focietv in the guilt of a
few malic-ion* and iriligriifrcant individuals.
He should have told you that the disgraceful
burtiiOfs he mention*, originated in tlie ma
lignity of a pet ulsnt yonng man, who had been
obtruded upon this town as a juftiee of the
peace, contrary to the general with ; that it
was conducted with profound secrecy, and
was Supported by the inftr»mentality of a few
persons, either too young to reflect, or too
ignorant to judge for them elv»s; that the
ltroke was llruck before it was even fuSpeft
ed ; and that therefore, there was neither
" seal nor spirt" of exertion at the election,
which was too unimportant in its object to
excite general attention, and from that rcaSon
only could have fumilhed the occaGon which
has called forth the humour of your PhiUn-
Ihrcpijl. And above all, instead of averting
the contrary, he Ihou'.d have told you, that
such an outrage 011 decency failed of its pur
pose, and that a very reputable inhabitant
was ilul v retu ned and qualified to the execu
tion of his office.
An Inhabitant or Easton
£if:on, Jul) 28,1793-
FROM EDMS' (BOSTON) CAiETIE.
At a lej.il mtttihg of the Freeholder* Jrtd Otfiet
Inhabitaniiot ihe Towu of Bofloh, atFancoil
Hall, July 26, 1793.
WHEREAS it lias been published in the
CeUtitiel ui the 241b instant, Thai it Was atfened
in a Merchant's Meeting, thai it
known bv the inhabitants of this town, that
within two or thirc day» from that time, priva.
tecis had been fitted out armed, and had filled
Irom this port; lhat olhtri weie now fitting out,
f-me manned, and to be manned partly i>y
Frenchmen,and panl> by Citizens of the United
States And whereas the inhabitants ot this
town feel concerned in said pub
lication : Tl.ey herch ire! ate, in town.meeting
1 legally aiTcmhlt-d, that theie was no just founda
tion for the alTertion ; but that the cifpoliiion of
the citizens of Boston, is entirely in favor of
obfervingthe rules of a ftrifl neutrality refptft
ing the powers at war in Europe.
Atccft, Wm. COQPER,Town-CUtk.
The French privateer which failed from this
pott left Mtuiday St'nnight, nturncd on Thurs
day, and has landed her (loici, it is Said, by or
der of the French Couful.
[Qu e it c—Whether the Jaft article it designed as
a coh(rad id ton to the fiiU, or not F]
[Whole No. 446.]
FOR THE GAZETTE.
Mr. Ktvfo,
Pleufrlo Itc fdlOutiafMpttft inycvr Gentle,
ami obhgc w>i<r Ft tn7o-l nwnj
Virginia, 27ibJ»ly, • 793-
AT a mertlng of Citizens, fiar ove ' County,
Virginia, the Principal, Artic'es, Regulati
ons and Circular Letter of the Democratic
Suciety, at Philadelphia, bsringbeea read and
con fide red—
Rcfolvcd uvtinimfiujlv, That the following let
ter he addrefied lo David Ktttsnhojvse, Elq.
and others, members of that Society.
Fellow Citizen t y
THE principles recognized by your focety
being among tbofe on which our free and
happy Const .tution is founded, no true Re
publican will hesitate to fub'cfibe to them.
We join you also most cordially in opinion,
that at this crisis it is more particulaily the
dutv of every individual to use his otmuft ef
forts to remove the prejudices and conciliate,
the atfe&ions of all our tallow citizens; and
that, to obtain the<e most deferable objects, it
tie love's all to cultivate on all occafiom
pea£e, order, harmony and atiay menl to the Con
flitution ; and, hav ng-the general weitare only
iu view, fedu otiflv to avoid fven the appear
ance of party diftin&ions. But we cannpt
refrain, fellow citizens, from enpif ffims M»r
apprebenfions rhat po'irical tocieties,branched
out and alTuming powers to the extent you re%
commend, may, however pure and well iiv
fentioned in their commencement, be per
verted into clubs of fiction, as has been too
often experienced, and terminate at length
icrCourts of tnquifitian. We apprehend that a
dread at lead of such coufeqnences will at any
rate e*cite heart-burning t and Jiffcritions—i-xXaX
precursors of Anarchy, and its invariable fol
io We r—Dijptftifn.
We are happv in the con vision t hat the
citizens of the United Stares, who of their
own free choice have adopted theCouftitnriou
under which we enjoy Peace»- hb rty and Jr.de
pevdence, are fully competent, by the modes
pre limbed by that Conlttrntion, to correct the
abuses which may and will, from time to t m<,
ceep into this and all other human ifiJiirtiVat/u
We are happy also in the conviction, that the
citizens of our fee independent Republic can,
without being driven to the necefllty of fonv*-
ing themselves into fociet es or parties (pro
per at certain times for Jubjefts of n&htrthical
ami ilefboti'c £;oVernrnentr, where the corre<stiow
, exf abufeJ or change of public men cannot
othftrwife be brought about) approve and «*id
those whole valor, virtue and patriotism, con.
ttibuted to procure and continue to pi el rVe
to lis t're bteffings of Peace, Librrtx and ludepeti
dence, and can by cOnJlitutioit a J modti tbo, dMcoun
tenoiVce or pnhifli their public ffcrvanti of a
contrary description, and change the whole
fyftfm of government, when they judge it
proper to do so.
We are more particularly aver r e at this
time to the appearar.ee of party difti ft ions,
which too often end in civil difTentions, being
deepfv affected by the horrid maflacres and
devastations recently experienced by our in
ftilar friends, with whom we sincerely sympa
thize 011 the melancholy occasion We depre
cate the like dreadful calamities, which will
inevitably delude our common country,
pa r ty differences fever the fraternal ba* d and
diflolve the Union—that barrier wh ch alone
can fa<fre us from the miseries of civil discord,
and its certain domina
tion. it M Union ulone that can continue to us
the peace and honors of an Independent, and the
happiness oj a Republican Govtrnmtnt.
We are, with great refpeft,
Your Fellow-Citizens.
FROM THE FEDERAL GAZETTE.
Mr. Bkowi), ~
Perhaps It will be ofefut to yofcr fellow etfl
ue ns, to be informed of the folio wing firftion
of a Treaty between France vid England,
you are theiefore requested to pufelUk it la
your paper.
»6th Article of the Treaty of Commere"
and Navigation between his Britannic M#*
jjfty and the mnft Christian King,, signed tjt
Versailles the 26th September, 1 jßj.
It Thai) not be lawful tor any privateers,
not being fubjefts of either crown, who have
commifEons from any other Prince or State,
in enmity with either nation, to arm their
(hips in the ports of either of the said-two
kingdoms, to fell what they have taken, or in
any other manner whatever to exchange the
fame; neither (hall they be allowed even to
purchase viftualj, except such as (hall be tie
ceflaty for their going to the nearest port of
that Prince from whom they have obtained
commiflions.
THE ID ITOtt
MOST caintjH) refHtJk;i/nfc of kit di/kni Suf*
fcriben who are t* ttr'ttart J»r iht Gsfth, t* wttl
payment ai fwn at poJMe.—Tkfijt pttfma tah4 hate
receivedfaijmptitm m*ft(ytnhis are defred
to remit the Jam. Tic tfreeragl*far tit
have accumulated U * feritus <jWI* , *'
they are ike only t<f**tce to difeinrge tai Ariuif
engagements incarrt4 i* 'fkefrabcutm tfjfii M
ft*jptj*Hiahtn. ftpMetphja, ] woe a*.'