ojfHi
[No. 45, of Vol. IV.]
A CHARGE, ; jnyielt tliey confliintlv w'u! >e, furl am Derfuad
/' •:V7- "t? the CXJXD JUR Y jor the 7 ad the more they are attended m, the ttroude.
A.nljticnujMs, 1,1 the in cult Com! oj the United "'ill be their im >re(lion. An enli-'htcned IhhTf
States Jor the fud Dijtnr! held in the Town oj of the true interelt of each individual, will na
Boston, on tne , «4 oj Odober, , 792, by turally lead him to a proper efti,nation of ,hoS
Tn.' Hjh. JAIViKS IHEOSLL, Esq. principles best calculated to secure it. But i
fine oj the Associ ar 1. Just i ess oj the Si> r r imi 1' S 1 dl " t0 ex P cl % l ct have what form o
Com oj the li»niD Surn, j S ov< ; l nment we will, that the laws enacted un
j der it, however ivife and patriotic, will -
— — . ..»»wcr wile and patriotic, .. . meet
Ccntlem nof ike Grand Jurv, J v i UJ, j niuch less with refpe&ful obedi
[N having the honour to address you -fjr tv-lum, !,! r!! loc * ct ' es ere . l>e bad raen »
L fir:l ti:'., in mv judicial ca:> icitv,'ldo it v. Ufa! t ™ T a "- v P r,n "P le , can restrain i
'•Articular (UnslUiU,, at a p.-ioci 'of f„ „,uch» u^iin^'r^''"'''- Ca,,ly . " i,ilcU A b >' ar,ful
iignit;. and probity W»thc United State,:-' mav therefore
'erhaps in no country in the v/orld have beer; to 'dellrnv th- a . '
vithin so f:w years exemplified Inch awful and I which it i- Doinb'i: f r hi'™ ' t go, ' er "V' ei
mportant leflbns. We ha,, b,en taught, notj when ' 7 t ° tor "'-
1 « 1 x*i*i 1 . a ' ' "Per tneteiore a ffoverwuient is formed one
July the value of liberty, but what Itv/as much! nf Hi.- u ' tQ? ° ~e
more d't'icuit to learn/that liberty itle'.f, inor-i v defo 1- its own" "T"'
Her to oc tn.lv enjoved, mul. iubmit to realon-, "I A J LZ" by.gua^ing
able and con,to,ate reft Tfaeunbouod-I o tal c'efttnft onTf" lne "' e '^ ,or
in /• . si ■ . , ,Cf> lurai c.citruution, 01 for any material iniury
cd liberty of tfaeftronget man .s tyranny to the; t „ it,, a „y 0 f it, operation,, Th s giveVrife
M-eakefl: ; T; e unlimited sway of a mtjanty u to w!iat is usually' te. rned th Criminal L-, a
opprelfi >11 to U 1 ;nont> . Umscewwd mdttl-'law which la : for its object the pnniihinent of
Eeace.to aU V c r alhon« of m «, „an impious j bad acW, by which the security or.weltare of
rejsft.on ol c ? ,,tr.i,l o; r,a on , • ,c„ 2>rov , t ; le immunity is in ,„ v cffent £, j e „_
'<■"> ' *-'ver- -nf :: ,ft s
rcclion.
True
■ • : i iiW being t'ii true and only proper obieft of
L ": : " in ,u *; :c " the Cnmin.il Liw it fcould be calculated to
h^''V :i: tbi- ami tbk uloi.e. At the fame
p " L,i - 11 I' 1"' 1 - : tune ta.it it i-. .-iiicaciou-, it fliould be as ir.il.l
t., ? who!ere r " . I,t* . xaft met, urn it way; Bs the nature of the cafe will admit of. In pro
bed jftcu.t U ..ml, but we nave re.,:on to hope vid'.ngfur ti.e deteftioaand pnnilhment of the
■ r ,1 ,:i ,:i ii '!)' to be found in taat country| guilty, it fliould be careful to fec.ne the fafetv,
:" , V u y ■' "V 0: 5? e.t.*r d.-; ; .,,d guard reputation of the innoccnt. i
r : ;r' vA J'' '' T ; VCI ? ";?*'• >""•* °»e of the mod awful concerns of human
i J . .\'V ' , ' c /' c °| r- ,o * ,c j iegiftation, and that in which perfooal liberty
1 ,tv ' 1 ca '> ( and fafety are more immediately interested
" lu " 1 . ''• ce * 1 e lllodifica 1 1 :an any other, the utmost attention ought in
'V r • ; hH 1 important good can boja very especial manner to be paid in this cafe,
e 1 J . '• re ," • tl) 1 ,j in order to prevent-an abule of authority en
mm™. - " u ''- v j tr ufteel for the nioft J acred purpole for which
° k '- s " J fa ' r a4,cl ai ' c quate repje-j any authority can bs. Every law on such a
: - • " : "' c ? e *. f . :ire r "" c - v ; *-•'}*& ou-.ht to be j villi:! with the most trem-
f u -\ ° , '' ' " obe 1 ' tei folic'.tude, left any unfortunate individual
- ' . liJ ' : V ; ! :,L:;tc ' I -h-»u id become the vidlim of iniuitice or opnref
<' i: - ■ ;•« as of t io Um ted States, unde. which j fion.
" ' .i.v nds to live. I 'l'i.e ConftitutioiVof the United Stater, dif
ivl my i 1" ti s, bot!i antiei ta;;d modern,have j tinguifhed as it is in all its parts for an invari
J °;y ot • 1g " to- t •:: :e .fj able attention to at; ue and rational spirit oi
; ' ' 1 •■' - ' ' no.,:e ai.i virtu j freedom, !. a; not been inattentive to it in this
I ' l -" ; Ary rir i. fbe ve, f»v -vfh- J its most iin«v»' ti' t c T v ' .-t- r- " ; '
"•• ' -e oi a IU-..1 »e oi po ;v cr iu. ; t > J,:ati ve dilcrctiorj. Reftrir". ions ar-:
' • ' ' • -i :: w'c ■ l •■.'a!, i i cider to render fee lire I'eyond t ne
~ ''' ''*•••> v ■ in: rii j pe-: . ! 1 1 v oi'attack, the fifetv of the
> f 'i v.":.ch they fepar.;tel) peop.e in cases v. lie re it might other wife be
; .i", a mo:e pe;f. - Ibmetirnes cypn-'ed to no frnall danger. A lati
in \ ■' • ell ,e. I\..- luaceis tudc of discretion, I believe, has been left in nc
1l ii ' ' " . inlit nine ck. Ec- inltance where it could be :a'ely ;;v >ided.
,a ; !,i ® 1 <t, t.iar-oo fir. c 'ueiU di:ap- Tl ere is one crime in particular, which it
- a ken the e;:L c> of io magna- was jnftly thought proper the Constitution it
limous a.. •: ' .. ! b!f ihonld define. Ti-at-is, the crime of Trea-
In confequciv.e of this great revolution,more on. This undoubtedly is the highest crime
"a-de t awd t;le > gl->r'ious t- an the 1:r 4 .r. known in the law, be car. re it aim sat the sub
ire have now two government? to which wt verlion of the Government, and of course ai
>we 01-ed jce •T: e relpedUve irate Govern- the deftru( c iion of all the private happiness anc
iieuts in all ioilanee- which concern t e inter- public fScurity derived, from it. But at the
!<h of etc l < ■ ture j.'/ :i e Ct)-, ernire ;t c( ikme time, it is a crime in the prosecution o:
he U'i -a '>ta. sin all instances v/hich concern which great abu es are liable to be committed
he iutsreus >1 l';e Union at large. Each of if the government is left altogether without re
:faefe .gover lmeats is fbvereign and supreme, ffcrairt, because m'ually the whole arm of pow
vithin th. i\ ■e i -:>he eof its ant: oriiy. The er is exerted a ,;inlt the person accirtd, an<
■'ommon o ; . ;<• j- the hnpp'mefs of 'all therefore refer.tment mav be apt to have ten
; .ecV i - ns. ■ ' i'r l , v ' nut ei . " • on, so powerful an operation. In Monarchies, when
ar as it is p >1: 'e "jr systems cf government to the person of the Monarch is apparently if no
ecure it. The ;er-n'iar o'vje:l of t : ? sole object of attack, a man unde
pent of the h nted S-utes is to cement by an trial for this offence, may frequentlyexpeft tl;i
uleftive, not a no» i nal arhority, that union iympathy of the people, who in such countrie
o which, under divine Providence, we unquef- often suppose (and sometimes with great truth
ienably owe all the bleHlngs we nowerpy,and 1 that their in fete ft and that of the Monarch an
without a pre'fervatii.m of which, M r e l-.u'd too far fro/n being the fame.—But in a Republic
rob. in.-/ '■••-come a >to inr.-Oi- e e'.i'cord, and w!:ere the Government, the fubverHon of whicl
uid ourlelves the miserable c>f local and is aimed at, is truly the Government of tin
ronfli&ing pursuits. People, there may be great danger of the per
To consult the welfare of each citizen indi- j son accused being the objed: of a strong popuia
'idually; the welfare of each State feoarately;; prejudice, as well as of a legal proiecution
.he common welfare of the whole ;>. tly; I'o Jf therefore there be at such a period any am
ar as they can all be rendered compatible ; are biguity in the definition of the crime, or th.
»reat and noble objeds, wcrchv of our mcir mode of # t rial be unfavorable to the security o
zealous care, and r.ioft a lrcinitted attention, the person exposed to it, there cast be no rea
Fiie talk is certainly not easy, but we have no son to expedt a fair and impartial trial. Th
eafon to fear it is altogether impracticable. — Constitution has guarded against the firft dan
Moderation and good ienfe, however, are ne- per, by a plain and express definition, elearl;
:etfary to perpetuate, as they were at iirft to comprehending real, and not conftruftive a(ft
tlient to measures calculated to secure perhaps of treason. Against the latter, it has not onl
he grcateft ble/Tlnjs ever deviled by any human u(ed the precaution of particularly fpecifyinj
yftems. Let each man consider, that his li- the evidence which fliall alone be fufflcient for :
yrty and property cannot be fee tired without conviction j but there is in common with aliothe
orn?mg a common interest with all the other crimes, the great and ineltimable security of
nembers of the focicty to which he helonos ; Trial by Jury.
that this Common interest can only be protected This excellent method of trial may, in re'
;>y the c of common councils, and a j pest to criminal cases, be considered as divide
lubnit(nori to laws framed to give them effect ;! into branches. I. For the ptirpofe of accufa
and thar a 5 each State nature '>• ami tion. 2. For the final decision. The fir ft
i; the guardian of its own separate anvl indivi- Gentlemen, is the and important charac
mial interests, so the I 1 :ii'ed States ear. alone ter now devolved on you. No person is to b
rip;hth.:'y determine in cases in which not one held to answer any capital or other infamou
State iuigly, but ail the "tates have a common crime of a civil nature, committed within tbi
find united concern. Providence has deligned diftri»st ajamft the laws of the United States
man for focety, rd tho(ewh.>C':;he»' from p. except t:pon yeur prefeatment or indi Anient
or vanity, or any worfi motive, rciufe to yiefd Any person, wit*, out'diftinelior, may, upon you
.to thecondii-.'-ns it indi benfablv require", conn- authority, be put upon Ins trial for such. Fron
tera ; > tar as in them lies, the pro"i.ions cf your impartiality there is the utmost reason t
divine " if ,»m for the good order and govern- expect that no proiecution will be commence'
ment of reankind. | without grounds, or forborne from any undu
, an' 4 ovyv
i hcfe pr rcip?e*s should Le ever present to
our mind*, aid to a majority I flatter
A NAiIONAL PAPER, PUBLISHED WEDNESDAYS AND SA IT . D
motive. ~As members of the focietyyourfeives,
you will not fail to coniider the necellity of a
Saturday, No\ mber 5, 1792.
177
V JollX FEN NO, No. 69, HIGH-STREET, FHII. A Dhl.l'Hl A
! d " c t-jntenance of the laws of it: As men who
~ ' n ' b; ynu own pv.;edent
i will the importance of cltabliftiing nona that
, may he applied to an opprelfive purpose. Thele
! circuinftances, in t benife 1 ; f'o favorable to
imparf.alty, added to the solemn obligation of
[duty, will naturally inspire the public with con
fidence, the guilty with terror, and save the in
nocent from alarm.
But, Gentlemen, how noble is the thought,!
how condolatory the reflection, that after youj
! have deliberately weighed, and solemnly pre-!
' I'jnted, an accusation any man, another'
trial yet remains, a public one, in the face of;
the accused ; a trial by another jury of his fel
low tit'/.ens r with the full afliftance'of counsel,
with the right and the opportunity of summon
ing wiueffes for his defence, with the right al
so, in capital cases, of peremtorily challenging a
large number of thejurors, called upon his trial,
(in treason thirty-five, in other capital offences,
twenty) accompanied also with other privile
ges, 1 believe never granted in the fame ex
tent in any other laws, the having delivered
not only a copy of the indictment and a lift of
the jury, ar.il witnesses in prosecutions for
1 reason, but a copy of the indictment and a
lift tifi-J'.-j Jury, in other capital prosecutions, a
c*ri -,|| time I- i'o the trial. lit molt cases of
trealon and mifprifion of treason, a',l thele ad
vantages exirt in England, in their fuileft ex-
Fai: in all other capital cases, (aftoniih
'"g as it is) at tliis very dav, in that enlighten
ed country, counsel are not allowed to speak to
_ any but questions of law, and it is considered a
I' matter of favor in the court, to permit them
even to alk queftlons for the prisoner. It is
, ind.isd a mod melancholy consideration, that
loiv aiter liberty had been contended for, and
to a gi'-at degree obtained, as to other objetts,
tii? personal fafety of individuals fliould have
been so little regarded. It was thought to re
quire laws in England, fame years after the re
volution, in :688 (one indeed even so lata as
Queen Anne) to entitle a prisoner to have wit
nen examined 011 oath, in his defence. Ac
cording to an iniquitous practice originally in
troduced, as there is great reason to believe,
without any colour of law, prisoners had nor
only been excluded from this privilege, but al
io from being allowed a full defence by counsel;
and this unprincipled practice had so long pre
val' 11 t'j; it at length acquired the pretext of
on bni'nnnouiitable prescription. Happy are
that p.eopie whole liberties depend, not on the
mercy or discretion of courts, but 1 pon written
provilions, too plain to be misunderstood, and
protested in the most sacred manner, by guar
dians too watchful and too powerful tn be over
come !
tenk
The Constitution itfelf, together with amend
ments to it, which have received the requisite
consent, secure the invaluable benefits I have
mentioned, of a trial by jury, of a public trial
in the face of the ncufed, of having precefs- for
witnefles, and the assistance of counsel. The
other advantages enumerated, form part of the
Criminal Code, derived from the Legillature
alone,,and partake of that discerning zeal, for
the real security and true happiness of ali the
citizens, which lb eminently diftinguifli a Go
vernment, founded on the very basis of freedom
aVid ju-ftice.
Another protection, gentlemen, in laws whose,
spirit of mildness and liberality we cannot 100
much admire, is a limitation of time for the
pFofccution of, offerees. No capital o&nce
(murder or forgery excepted) is to be profecu
ted but within three years after the commiflion
of it, nor any prosecution for any oil . nce not
capital, or for any fine or forfeiture under any
1 penal statute, but within two years after the
i commiifion of the offence, or the incurring of
the forfeiture. There is an exception, how
ever, in both inftauces, of persons fleeing from
j oft ice. This also, in its extent, is an improve
ment, I believe, on former systems.
The crimes, gentlemen, of which you are to
enquire, are crimes committed a«ainft the
United States within this diftrift. These are
defined and the punishments prescribed, in cer
tain a&s ofCongriifs, pal Ted in virtue of pow
ers contained in the Constitution of the United
States. They will be found, I trust, all of them
congenial to the spirit of a free people, the
principle of whose aim it invariably is, and
ought to be, to unite all the energy necessary
for the support of Government, with an inflex
ib!e attention to the proper security and pro
tection of individuals. It does not appear to
! me material now to point them out particular
ly to von, not only because I presume you are
. we 1 acquainted with riloft if not all of them, and
can have easy access to them, but because I
have reason to hope you have no occasion at
this time to present many, if any particular j
offences- The very favorable accounts I have ;
every where heard, since I have had the pleasure
of being on this Circuit, of the good order and
refpecVful fubiniiHon to the laws which univer
fillv prevail in it, have given i;:e the utmost fa
ti«fa.ftion. In addition to my own personal ob
fervati<i>ns, they have imprefTed me with the
highest refpeft for a people who have bad the
good i'enfe so happily to combine an invincible
spirit of freedom, with an enlightened regard
for such a government and such laws ,as car
alone be adequate to secure it. May this ex
[Whole No. 567.]
ccllent difppfition forever prevail ! May it be
t A arded wilh a-; much happine<s ;.s it is pofKble
tor men to enjoy ! And may th« true fpiric ol
freedom and order united, aftutte all virtuous
citizens of* the kJnion, to the end of time ! !
FROM THE AMLRH AN DAILY ADVERTISER-
J MR. Dunlap,
j Pe p/e.ifeJ to ivjert the fallowing, as a Supplemental
I Aote to No. 11, in your paper of the 10th itiji.
i "\/\7" HEN tlie ext'afts explaining Mr. JefFer
j V V fun's political principles, refpefting the
i constitution, were sent to the pref«, with an
Intimation that" the originals fiiould be made
acceflible if necefTary, it was with reason con
cluded that no man of candor would entertain
any doubt of their authenticity A writer, un
der the fignatnre of Catullus (who, notwith
standing his ridiculous transfer of his author
ship, is evidently the original writer under the
signature of An American) has beep To far want
ing in this virtue, as to contradict so rational a
supposition. To put an end to all possible ca
vil on this fubjeft, notice is now given, that
any gentleman of known honor and delicacy
who (hall be named to the Editor of the Ame
rican Daily Advertiser, fliall have an opportu
nity ol exair:tiling not only the passages ettrzfl
ed, but the entire contents of the original let
ters. It fortunately happens, that irom <\e
writer's practice of mentioning in every letter
the date of the preceding one, it is demonstra
ted by the letters themselves thattheyform the
whole of this correspondence within the i "f
---lary period. The propriety of requiring u „it
nefs in this cafe of the above description ac
counts for itfelf. In the freedom of iin exteiir
five correspondence with a confidential friend,
it could not but happen that many things must
be included not only irrelative to the fubjeft in
question, but to any other of a pnblic nature,
and which though unexceptionable in their
place, fiiould never leave the depository of
private honor. With refpeft to the letter of
July 6, 1788, publiihed in your paper of the
10th instant, this sagacious commentator has
been as unlucky, as in all his other inferences
from presumptive aircumftances. It is neither
the letter spoken of by Mr. Pendleton, nor
written to the fame person. Had the critic,
however, been possessed of less sagacity, with
„the smallest particle of candor, lit- might eafilv
have reconciled the statement given by Mr.
Pendleton with the extra# in question. The
bill of rights mentioned in the latter might
surely be called, either by Mr. Jefferfon, in ano
ther letter, or by Mr. Pendleton, stating, in
his own language, the contents of the one he
saw, an enumeration of the amendments wish
ed to be secured. Every particular right secu
red is, in fact, an amendment, ar.d is so desig
nated in the amendatory supplement to the con
stitution. It is painful to wafle a moment in
explanations which seem to be so unnecelTary ;
yet, as a fpeeimen of tie manner in which the
attack on an illustrious patriot is cpndudted, it
may not be unworthy of attention.
Foreign Affairs.
BRUSSELS, August 24.
MLa FAYETTE was taken in the
. following manner :—On the
19 th, St ten in the evening, a pat role,
confining of seven men, belonging to
the advanced porta of Rochefort, in
Ardennes-, in the Bifhoprick of Leige,
where M. Harnoncourt commands,
met with a number of French officers,
followed by about twenty domestics.
They were on the point of being 6r
ed at by the picquet guard, but in
stantly one of the strangers quitted
his company, and was conduced to
M. Harnoncourt.
This |eai!cman wag M. Bureau de
Pufy, officer of engineers. He de
clared that his friends and himfelf
were French emigrants going to Hol
land. M. Ramoncourt asked
how it happened that they were not
going to join the Princes ? M. Bureau
answered, that, differing in opinion
ifromtherS, they preferred going to
! Holland. M. Harnoncourt told him,
[that they mull te ffeated as prifon
|ers of war. Not one of the whole
company objected to giving hi* pa
role, except M. Alexander Lametb,
who began a fine speech on the rights
of nations, and fa id that they were
arvefted in a neutral country. They
were then on the territories of the
principality of Leige. M. Harnon
court anfwered,tbat the French had
been so extremely clever in confound
ing all kinds of rights, and the rights
of nations in particular, that it was