From ths Virginia Gazette.
To Samuel J. Cabell—in Congress.
Silt, r
I trove often heard of people's being Con
demned without judge or jury—but I am.
lure you cannot fey U>is has been your cafe.
Your letters have been seen, read and fairly
v judged of bv all America ; and even your
best friends, and meanest relations have con
demned them. A court and jury you fay
have parted sentence upon theft). You, may
therefore, fairly be said to have been tried
by your peers. After all this, coramon
prudence ought tor ha\>e dictated to you to
have committed yourfelf no further : But
like one who has fuffered all the disgrace of
condemnation, a reprieve has been of no o
ther service to you, than to prepare you the
better for the prafectition of your favorite
pfaftice. We must, therefore, try you a
gain fpr this new offence of later borrowing.
I will not, however, make the charge of
bom-wing this last rag of knowledge from
the letter manufactory of Philadelphia, the
only charge against you, but will try the
thing on iii real merits as if it was actually
your own.
The charge then now turns upan a def
cantation on the duty of courts and juries,
and their rights to intermeddle with the free
dom and independence of your thoughts
Without a t(uibble, we may fairly try this
kit production, before any court and jury,
without intermeddling much, with the free
dom and indzpendehce of your thoughts, if the
gener.ii conjecture be true, of that independ
ence -confiding chiefly in the right of substi
tuting the thoughts atjd fentiment# of others
for your own. But,as you are the firft man
in /America who has had thehonorof object
ing to the trial by eburt and jury, I will
leave freedom and independence of your
borrowing ttie thoughts 'of others, which is
but a mere perfonil riling, to the true en
joyment, of these independent confederations,
and examine into your objections to 'the
court and jtiry mentioned in your address,
which indeed are of Tome confequerice to the
real liberties of this country.
Unfortunately for fonse of those who bow
down with the moil constant and loud pro
fcflions of love and admiration, to .the god
dess of liberty, they view the lovely medal
on but one fide only. They are friends to
the " liberty and independence of thought"
only while that liberty and independence of
thought consists in adopting the thoughts
of otlv.rs, and turning them particularly to
their use, this appears to be wholly the a
mount of your idea of the liberty and inde
penderice of thought—which you appear to
have borrowed, with many other excellent
things, from that favorite Republic, which
is now rambling all over the world with its
destructive armies, and compelling all the na
tions it can to be free —but upon its otvn
terms.
One of the terms upon which they have
compelled some nations to be free, is, that
they subscribe to governments similar to
their own. One of the excellent traits of
their government, I believe at the time when
they set Holland free, and it is pretty much
thepra£tice Hill, was the happy knack which
the demccrsts had of dispensing with the
little ceremonies and formalities of courts
and juries in the trial ofthe ari/locrais. Those
tribunals, might, perhaps have exercised 1
some liberty andindependence of thought,"
as well as the democrats, and thereby have
stopped the effufron of so much innocent—
filch horrid sluices of infant and female
blood.
You fir, it is well Jcnown, have laboured
as far as your feeble efforts could effeft it,
to prevail on the people of this country to
. make no resistance—or rather, to join those
"bloody monsters in cafe they should invade
your country ; and you have now fubferibed ,
your,name to another inflammatory address,
calculated to render the institution of courts
and juries unpopular, if it is calculated to |
do any thing, in order to make way for
those noble consequences which flowed '
from the want of them in France, whose (
principles you so much adore, and have thus
attempted to introduce here. ;
The Judges of the Federal Court you ar- (
raign for becoming abandofpolitical preach- -
tjrs (as you are pleased to call them) and go- j
ing about with unwarrantable sermons to
support the governmentofthe United States. '
This appears to be the substance of the
charge against them. Admitting it in its
fulleft latitude then, to what.does the charge
Theinfinuation goes to fhewthat
they have nothing to do with politics. In {
the name of common sense, what is theju- j
diciary, who are the judges of this country ? t
Are they not a branch of the American go
vernment, bound to fuppert that govern- J
ment, at well as evefy other branch of it, v
toth by the nature of their relationship with ■
the government and their oath ? What is
the government they are thus bound to sup
port, what the laws of that government,
which your adopted address seems to admit
is their duty to expound to do justice bet-
•ween individuals, if they are not a part of
the political-arrangements of this country ? j
HoW then arc the judges poflibly to avoid
political difcuflions, and giving their poli- r
tical opinions between the government and
individuals, and yet do their duty ?—Sup- Q
pose the government, or rather a part ofthe f
government, wa6 to attempt to abridge you ;
in any of your rights—For inflance, to im- ,
pref3 you as a seaman, or pretend to enlist
yon as a soldier, to fight against the French,
would you not then think that the judiciary li
Ihoulil interfere ? And what would that interfe- v
rence be,- but one of the greatest political si
cueftions that could arise between an indivi- -
dual and a state ? Why not then, when the k
injury is attempted to be reversed from the I
individual to the state,' fuffer the judge to y
interpose a little political advice ? a
You (or rather the person who writes for o
you) seems to admit, that if you had done rr
any thing criminal, die judge was, right.— d
That is admitting, I suppose, that- a judge, fc
though he be a federal judge, has a right to tl
give it in charge to a jnry, is tacit--duty, to
present ail Monies, such as tiViibi, murder,
and all other capital o3lucc:;-—-but, tTyit
everything that falls Wo w tljs dainty of
any other punishment, but u bare prefent
-11 ment of a jury, is not cognizable in that
,U ' way. You (hould haye remembered, in the
j-' fr.ft place, .that yon were not the proper
judge of the degree of yoilrov.'n guilt. And
11 in the fecand place, it is a fa£t, Well knijwn
n " to ev'ery one who has ever been a juryman
} in any part of America, that there are cer
'a'll offences which cannot be punished in
a any other way, but by the censure of." na
ln ked prefentini nt." Adin tting it to be
it a J'^S e to enter into a
j- history of the rife and progress of juries,
which certainly cannot be told over too of
ten to the real lovcrsfif iioerty, and to enter
into an explanation of their dutr in tliepre
e | fentment of actual offences against the laws,
which are certainly a political grievance, I
•j. fee not how your letters, which had, been
' condemned as a political petty-larceny by
11 every hangman in the (late, were poflibly to
e escape.
c But, fir, admitting every thing that is
7 fald in that paper against the .judge to be
right, though in fad he had said nothing
about you, your letters,or any one else, in
'' his charge, how is what is there said of the
jury, to be reconciled to that love which you
pretend to have for the " freedom and in
s dependence of thought."
' The jury by whom that presentment was
| made, was compofcd of the free and inde
, pendent citizens of Virginia, who were as
much entitled4o think and aft for themselves
as any other citizens of Amirica—the mem
bers of Congrtfs themselves even not except
ed, UnlefsSt can be proved, then, that the
| jury was packed ( which you dare not aflert)
they are no more chargeable with having
a&ed wrong, for having exercised their
" freedom and independence of thougTit,"
than you youtfelf were entitled to prefer
' your oiun " freedom and independence (&
' j thought," to the borrowing of the genius
' o.f a Madifon'in the composition of the let
they presented. And whoever is acquaint!,
ed with the jury, and will look over the
pan,nel, as you have invited them, will as
clearly fee, that. there was no more of the
influence of an Iredell in the prefentiycnt,
there was the genius of a Madifou in
the letters. Here then- you and the jury
(land upon exaftly even ground with refpeft
to the " freedom and independence of
thought," which is the mighty and impor
tant burthen of this last political ditty.
But how do you stand in this last attempt,
with refpeft to the a&ual means of securing
the liberties and independence of your coun
try ?—Juries, although I believe we are in
debted to that wretched place, Great-Bri
tain, for their institution (and this is bne of
the reasons, perhaps, why you ha* the ex->
ercife of their power so- much) have ever
been considered the great palladium of A
merican, as well as Bntifh liberty. Which
do you really think would be best, then, for
the people to join you in yonr " INDIG
NATION" to awe those ufeful institutions
from the exercise of their " freedom and in
dependence of thought," or fuft'er them to
go on without reproach, as they think ne
cessary and right, to expose the follies of a
few little letter-writing politicians in Coin
grefs ?
It might indeed be a valuable thing to ,
those gentlemen no other means
of supporting their popularity, to establish
the doftrine of their conduit's being held
sacred and above inquiry, while in Congress.
But after an attempt to deft roy that which
ought always to be attached to c6urts and
juries, to make way for that kind of facred
nefs in the representative branch of the go
vernment, whit would the people have to
expect ? Could they be surprised to fee that
bran eh attempt to eredt itfelf into any thing,
which the fame love of popularity, that sug
gested the firft attempt might invite them 1
to in a more promising degree ? It is to the '
preservation of the independence of the ju- 1
diciary, I had always thought, that we were '
to look for the salvation of liberty. While !
you arc Handing as a ccntincl, then, over the 1
" freedom and independence of the valuable 1
thoughts" of MefTrs. Claiborne, Clopton, (
New, and yourfelf, I {hall stand a3 an hum- I
bleadvocate for the RIGHTS of JURIES, 1
and a constant' expofer of the many follies f
and improprieties which such writers are en- j
deavoring to impose on the people in their'
own favor.
For after all that has been said about the '
court and jury's " overawing the freedom of
thought," can there poflibly be a more a- 1
larming attempt, than for the members of e
the legislature to call up the terror of the 1
people, to overawe the courts and juries in }
their favor ? Really, lir, this last attempt, |
which cannot be repeated too often, dr (hewn J
in too many different shapes, if possible, ex- j
Ceeds the firft, in which you endeavored to
prevail on the people to join the French x
againjl themfel-ms. But, fortunately, both 1
attempts are equally absurd ; and the execu- J
tfon nothing more than a ridicule of the de
sign. Whenever I look into one of your J
letters as a mere matter of curiosity, as I 1
seldom do for any thing else, I feel an al- J
molt irrefiftable inclination to laugh. But
when I turn my refledliona from, that fourc<£ v
of merriment, to the diftrift you reprefent < 1 1
feel an involuntary,propenfity to weep. For r
if it be true, that there is a delign to increase '
the powers of the union, whether it be by 1
* I have Complied with your request in i
looking over the names of the grand jury, t
who you iiftinuate were all foreigners but a y
few—l know them all, I think ; except two t
—-Thef- may be foreigners for ought -1 y
know—The reft are native Americans, apd ,t
I will •venture-to fay as valuable citizens aa t
yourfelf, though not members of Congress ; J
and if you will be at the trouMc of looking t
over their names again, yourfelf, I think you t
may expedt to hear frrtfn fotne of them in.a $
different way, than through, the,new/papers, ft
for your dark and falfe iafipuatioiis against e ;
them. rj
0 the atjjheraf.. or usmseralU exet tlofis of jts
', members, what (alas *) must.be the chance
it cf for its dai« /hareAn the diftri
>F bution of those powers ?—Fur Heaven fake
thai, if ycit have nj delicacy-and tendcr
it ness for yourfelf, have -some small cotripaf
e fion for the poor unfortunate diftritt you
r roprefent, at least; and write no- more for
d the press.
n The people fend you to Congress, as I
n have once tJd you before, lir, to do'their
•- business ; and not to employ all your time
n in writing letters. - They wish to hear from
i- you, as other diftri&s do from their re^re
e fentatives, in the exercise of your duty,
a through the debates,' and 'not through the
channel of those bad!y-lctter compofcd-com
- mon-place-party fayiugs, which they get in
t all the newspapers, at ieaft a week, before
'- they do throiigh those ponderous bales from
i, your letter copartnery. 'lt would answer
1 tlit valuable, end of flawing them what was
n really the " free and independent thoughts"
y of their own rggrefentative-—and wr i*)d fur
o nilli the means of a more fair- and juit ap
preciation of those real thoughts which I
s promise you lhall never be neglefted,'by your
e friend and real conftjtucnt,
r , TIMOTHY TICKLE.
P. S. I will not be so wanting in candor
however, as to conceal from you, that, not
withstanding your many errors and party
violence, there are two or three in this part
of the world who thinly with you ; nor will
I be so ungenerous as to keep from you the
" free and independent opinions" of one of
those friends, which you,are entitled to, in
5 aid of some others which have already been
published in your favor. It is a letter pic
ked up in the road, supposed to have been
" dropped by the port on its way to you. ,1
have dire&ed the printer to publilh it in all
; its valuable originality of " freedom of:
thought," falfe grammar and bad spelling ;
as it would be wrong, you know, to inter
. fere with your friends liberty and right to
' disgrace themselves, I have only subjoined
a few notes ps my own by way of expla
nation. The very firft line of the letter
fitewi ■'the relationlhip which your corre
spondent claims.
to cousin fammyraia//by the poll boy. ,
dear cousin,
i take up my pen to inform yofi that
your last £ifle has come to hand, you dont
think how the rifticats thatyou tokt so much
about grind at the prefentcment of the gu
ree against you. but for my part it made
me right mad. thr court and some of the
guree you no ar men of laming, and I hate
your men of laming, and they dont like
us you may depend upon it cousin caball.—
but i like you for that refon. for a repre
fentive ot to be a reprefentive you no. he
ot to represent what he is intended to rep
resent. and how wood a man of laming be
a good representation of a magouetee of
your * colleges, what beter cood be expefted
then'from a Court where there was a gudge
upon the bench and a gudge in the guree
room, every body m*tft no that they wood
be Ihore to go rong and contrary law. i dont
like that fame fiddral court at tall, you no.
it was them that made your good old f—in
—law pay a large old britifli det which ru
ined him. and them' dets you no ot not to
be paid, what didyou and we poor mifliflee
men site so d—d hard for last war if our best
friends and deereft relafhons are to be ruin
ned at last to pay these old brittlfh mar
chunts acconts. i oone myfelf aod.i never j
will pa it as long as i can get. such good fel- '
lows as you and some of your fupporttrs to 1
stand by me and cry down the fiddral cauft |
and gurees. in (hort i think all Qtir courts |
and gurees have too much power, they ot |
not to be fuffered to think as thay plafe.— c
cant you get a law paced in congress that if j
thay think and aft contrary to law that all <
thay doo (hall go for nothing, i think with
the ajfjijlanct of my cousin jtles ond some of '
the reft of Our.frencli funftionarrties f you |
might have it done, and then you might •
right and fay what you please you no. and s
the gurac wuld have no right to think about <
it. "but ant it strange that you congress 3
jnen will let one of the gudges from ireland '
come over here and aft as a gwdge and a
preacher too both at once, i suppose if t
this fame ireland gudge or gudge ireland v
gudges of the law all the weke and then \
preaches about religion of as you 1
lade he mutt be pade for both, and i realy r
think as one of your friends noes who has | V
ritten in the papers about it and fays he has |
been treeted very hofpitally in vurginnee. v
that our good bacun and collards that hu a
eats so much off when he rides here_ so fur
upon one off his long towers gust to present 1
your litters which he fays is to do so much v
good in this country against his is pay anus j
for his emty irish guts, this was a good hit g
In your friend dont you think it was to tell j,
him how he was treeted in your country
where he had treeted you so il. and therefore n
that he did not dtfirve any better than to be
told off it. igad i think he was up with ''
him for his presentment. wont he now upon
the hole, that is to fay. by the by. as i j,
herde some of your common fox fay. who ti
fay a word and then give you another of the '
fame fort to explatle it you no. it is true h
what you have said in your last fine pise. ye- 1
delefit. to wit. that 110 moral truth can be
more true tha that palitikal truth that is
true, or something like that, tantemount ?
there four every thing that you have fade t
must be twice true, etcetteree andfo fourth. "
i forgot to tell you that j; alias morn's and
tempore the taylor are determined to be* "
your enemies at the next leftion. and i raly "
beleve from what i have heard thay will do - (
you a grate deal off herro. i advise you t |
.therefore when you right again only right c
to your friends, and tel urn to clear away n
your litters off ove thare hobs and jams after! w
thay have red um for seer some more of 1 P
these larned mfn may come in and after- j
wards git on tlxe gurees. but above all.— ;
Hick to your sentry box s« you have promif- j 0
ed. and continue to hallow and jEake'all the 'ft
racket yqji can and aud as you fav y«u w;'-* tt
■. 'i,
s against thc#;aVerainent cousin caialland you
e (hall everjiave the vate and interest of your
i- fmcers irienu and near relation.
e _ fimonfimple.
notty binny. give my kind love and farvis
I - to couiin jiles. unkle clabum. brother'clap
u ton. daddy new. curnul all ray
r friends and £ood Fellows*, granny diner
who danced with you so much at the la ft
I le&ion and got you so many votes thank 9
r you for your lad kind and loving piM iio
e more at present. but all is well and hop';
n this will find you in fame citeation. f. f.
* Simon here means cwiftttuents I fup
e 'pose. But lijs own word will do full as
well, ' . '
~ f I suppose Simon means by this a word
e which I obfefve Mr. Giles hasjnft received
from the French mint, which coins a great
r many delightful words a3 well as principles
s for this country'-s coxcombs, apes and pe
> dants.
J He takes alias and m ires for Ellas Mor
ris, some conftitueiit of his cousin's, t fup
[ pose. And no wonder -that poor Sinion
r (hould be run into such an error by his cou
sin's learning, when we are told that one of
his ablest advocates on being asked
meaning of 0 tempord ! 0 mores ! after pauf
r ing a little and considering that much was
said in that letter of speculators, bankrupts,
• &c. and reflecting at tin; fame time on the
J lownefs of iertain notes, that it was an ad
' vice to be temperate in Morris's note--. In
; (hort it is impoflible to number the various
tranflatiofis land uses that have been made of ■
these celebrated words, or to mfeafure the
1 demand that theft letters have been in, and
still are. The Duke of Cumberland's love
letters never were in' higher demand, nor i
more deservedly. I
[Notty binny, as. Simon fays—l have j
taken the liberty' of aiarking some of Si
' mons words to be printed in italics. Indeed
some of his fritfuds names, as he has spelt (
them, defprve to be written in ■ letters of
gold.] T. T.
From the Farmer's Weekly Mvfeum.
" When mill the new moan be gone that <we may
fell and the Sabbath that W( may fit
forth wheat."
IN th.e diffip&ted cit.ies of London and' Edin
burgh, the abufc of Sunday has been a common
theme of reproach among those weekly guardi
ans of the public virtue, the periodical elTaylfts.
Jehnfon, ahd Hawkfworth heard the turbulence
ot a riot and the roar of intoxication, from the
saloons and taverns of the capital ; but their
confidence in the innocence, or the piety of the
villager?, precludtd even the faint inquiry, whe
ther holy days were profaned by rufticS. Mor
aiifts might repair to the hamlet on * eek days,
and remark vice and folly ; but on the Sabbath,.
the young and the old, the careless and the re
gular, would be found no where, but in a
church,.
Though th# catholic spirit of the age of rea
fotjindulges tlie latitudinarian with an immunity
from Sabbath formalities, still it might be ima
gined there could be found, both in town and
country, men, who if they did not kneel at the '
altar, would lit decently and seriously at the
fire fide. Libertines might be averse to hear a j
sermon, or n Ake a response, yet not wish a Sun
day away, that they might let forth wheat, the !
bottle, or card table.
This, however,experience prove? a vain imo- !
gination. 'l'hefeventh day is observed by mul- 1
titudes, oeither as a season of worship nor reft. '
The country and the city are alike negligent, i
Orf Sunday, the hufbemjman often examines ]
hiicropt, the merchant computet his interest, the ]
rake urges his ft (red, and the attorneey draws his •
declaration. i
This impatience of a day* sacred to quiet and J
piety®, is an odd trait in the chara&er of those, I
who are saluted with the title of rational Man I
is such «n indolent, wo arc rot surprised that he <
dec lines tlv* excrcifes of Sunday, but that he \
loaths its reft. Of many loungers whom I
know, I have computed, with mathematical
precision, th e yawns on every Sunday and M«n- 1
day, through the year- I .find that the aggre- '
gate lassitude ef the former to the latter is as. '
two (o one. ' t
The watch is fretfully consulted and its own
er queruloufiy atks, why tarry its wheels, -why -
does the dial point so tardily indicate the, twi
light hour ?
* Although th? custom of going to church is '
ancient, honorable, arid from fecial andpoliti- '
cat, as well as moral and religioui reafinns, laud- I
able ; yet, as my liberal scheme never excludes v
from the pale of charity, him, who prefers re- f
tired to cilenLatious devotions, lam desirous of
convincing the loiterer a; home on the Sabbath,
that there is no real'o» for aholilhing, or abbre- 1
viating that tranquil day. It it belter to go up, [
with thelfraelites, to the temple ; but still a do- 1
mcftic Sunday may be ufeful and pious, if cor- '
re.lly improved; and if we do not ahfurdly, c
wist it away. The apodle prescribes " milk for ]
babes." The moralist good naturtdly al- c
lows some fqueamilh ones thejjidulgeace of at
vitiated rievational'tafte, and suggests a pleasant
and practicable regimen.
It must, hpwever,-be preremptorily required, <■
that no immoral querist aflc when the Sabbath t
will be gone that he may fell core, set forth
wheat; or attend-to any low and fetular cares. n
If he flay from church, let him not grie»e the o
Sunday. If he will not ting with the Organ, let ■
him not play on the violin.
That Sunday may dcleiftably pass, it is not ''
necefiary that coeks should fight, bowls be quaf- '
fed, or bargains ba made. The seventh day is si
like a hermit, who not only utters the erilon, d
and nupr-.bers beads, hut loves the "itudiaus ,
nook," and the lonely fecne- Nothing iniLitat
ing, therefore, .with order and peace should be
tolerated. The jovial cry may be raised, and
" qairps and cranks" uttered at ®he " tune to ri
laugh," but {he grave and composed style-suits f'
the sobriety of the Sabbath. p
Leit the gayer department of my readers c;
(hou)dthink 1 envelope the christian day itj tu- tl
neral wegds-and tragic pall, I will strive to con
vince, ta jny eonclulion, that Pleasure and Pie- .
ty, like tee Hrtmia and HflcKa of the p<Jet, may
" ling one song, both in one key " P
Th» msri, who has toiled,, or idled fix days, tl
may, on the morning ef a seventh, choose a re- tl
tired walk, avoiding the hijjh way, and offence a
to the Weaker brother. I will fo puritan- •
icalor uttfilhibnable, as to hiiu that the villa of ,
this walk (hould be a fane, or a chapel. The '
contemplation of the fu|t>lii?ie and beautiful of °
nature, vivified "by theregent of the world," f
will naturally excite, in a good mind, the pro- ci
per emotion. Of extafy <r of rant theie is no
need. The homage of the heart is betttr than
the nafa!'twang of a whol? conventicle.
The forenoon may bi.rievoted to popular the
ology arid to sermons. My airj pupils need not
fiatt nor turn pale. Ido not place them in the e
tutelage ef the dczing Gill, or t*e myflii al -o
u Tubmen. ,1 do not pUce them amnng * Vcin- ■ ]
|r tier divines or on i ISaybr'ook platfoi m. f»*ivi- J
leged with the company of Atterbury, hiftuf**
YVatfon and J,„urn)c< Sterne, they nfa/confifr
. cr th'emfeivet pot only in a learned and ingen
ls ious, but a polite circle. I ft,ail not he tailed a
> four pr* Ibyter, by tbofe whom ! advise, if I f e .
i f? 1 " r Sunday ac«i«intance, gentlemen
;i as well aschriflians.
ft /.. dinner w)£h feme liberal clergymen, tha'
: 3 " a dinner of herbs," uill prove a better refec
tion thsn j pofatibh feaft.
' , Tiicaftemooo will jJafs without mu<h tedium, !
»'l if emph.yrcl among a will ordered family, and
rational friends, At intervals, fcri-sus poetry ;
wilt yield ahigh delight. The gospel sonnets ef
>- Prftine are not recommended, but the moral
s ■ •Yuhng, and the etithiifiailiiGray. ,
At the close of such a dty, the otiferverof it
(1 will not repine that Neligfuo' and the Laws re-
fufe.ppce a week,to perrurr the sowing of wheat,
oir the lale of corn. He will rejoice in this ta
bernacle of reft, and though delighting, at pro
rs _ per periods, in buGnef? and the ?.gi:atior.s of
- life, will nit forf'ketht water? of that Sabbath
of Siloam which flow fofty.
the lay preachkr.
n NORFOLK, jHly 6.
ViceConfulfhip of Virgin*,
f Norfolk, J due 30th, 1797.
The Vice-Conlul of theFrenA Republic, to'
* the Mayor of Norfolk
s Sir,
~ I received the honour of your letter of
g the 29th inftj I embrace the opportunity
. that now presents itfelf to devdope my opin
-1 wn, and to teftify my gratitude to you and
s the court, for the ready attention you have
f- afforded to the objeft of my reclamation:
e may it be permitted me to assure you that
1 n <3 one desires more than friyfelf to fee a uni
. J on exist.between thi French and the iuhabi
r j tants of this" town. On the firft aggreflion
(of.whi ? h Commodore Barney narrowly es
caped being the viaim) a fever? order'was
. ifiued on board the frigates to prevent any
[ fe'tmen from leaving the ships, except thole
Vvho were necessary for the service, although
F our laws permit in port 'the tenth part of
the crews to be daily on shore—thus they
wtfre punilhed for havingbeen iiirulted—this
was a facrifice they voluntarily made to the
- public tranquility, although ' they knew
' that there is not a code on earth that inflifts
on the innocent, punilhmeritsl incurred, by
the culpable. I need not recall to your
remembrance the discreetness and moderation
that have distinguished the French erews du
ring their stay i;i this port. Your predeces
sor has done justice to them in his letter to
the commander.' If, notwithstanding so
much prudence and precaution, they have
been exposed to new aggressions, arguments
will not then invalidate fa&s. I have efta
blilhed my. demands on a chain (series)
of insults that the French have experienced.
Is it true, that the officers and sailors in the
service of the Republic have been insulted
andoneaffaulted >ls it true,that they havenot
hitherto received any other fatisfaftion than
assurances that these excesses should not be
renewed by the individuals who committed
them ? When these excesses are repeating
in an arlarming manner, and that the a'g
greffors experience only the flight inconve
nience of furnifhing a fecurlty,. (alVays rea
dy to be found, for their future conduft,)
in agreeing with the magistrates, that their
laws of police are obflacles'to their zeal; it
remains, at the fame time certain, that as
•long as the guilty are. not punished, justice
has not been executed; that is,, that no pun
lfhment has been infli&ed, and, opt that
justice was not granted, as your translator
(from whom the true meaning of my expres
sions escaped ) understood It. To do justice
on an individual, lignifies in our language,
to punish him.
I should not liavs entered into this gram
mdrical explanation if I was not jealous (delir
ous) not to leave any doubt with the court
of the motives that animate me (I am ani
mated by.)
With refpeft to the tlifpute arisen between
an American and a French officer, permit me
to oßferve, thßt it is not here an individnal
dispute that does not'require theimerpofi
tlon of-the magistrates. A cdmlat in the
high ways* an alfembly (a cv«wd)of people, in
which a French officer was assailed by his
firft adversary, and many other f>er/ons, and in
danger of his life, are not events that can be
remedied by an addition to the laws of polite
ness, but that can be prevented by reiiiforce
ing the laws of individual ferurity. Mr.
Saundei's conduft is aggravated by another
ciime ; Has he not broke open the doors ef a
Frenchman's hoUse (Mr. Blondel) t in pursuit
of his antagotiift.' t
I have made my and I again
request you to have "regard to it. Farther,
Sir, my duty with the magistrates is to be
the defender of oppressed Frenchmen.
I deelare to you, that no one feels with
more watmth than I do, the smallest insults
offered to any Frenchman whatever ; and it
is because I desire with so much ardour to prc
ferve the harmony that ought to exitt bet ween
the two natifins, that I repelled with more
firmnefs the attacks of individuals, whose toi»
declared hatred endeavours to rend afuniier tl,-o,
ties that I would wish to fee drawn c'lofer be
tween France and tl:e United States.
If the warmth of my denunciations againfl
repeated aggreflions can prevent a (ingle one
for the future, or ftifle a tingle fubjeft of com
plaint between a Frenchman and an Ameri
can, I shall belme that I rander equalfervice
to your country-and mj* own.
I repose at present on the venjreauce of {he
laws and on the equity of the judges, for te
paration of the attck committed by several ot
the inhabitants united, in open day, and in
the street, on a Frenel-officer in uniform,
and without arms, and whatever may be the
judgment obtained L fhail efteera myfelf too
happy, if it is the last of thrking I shall have
occasion to folicit^
Receive, Sir, and please to prefetil to the
court, the afftirance of my rttbrft.
(Signed) DUHAIL.
Sir,
I have the honor, to iiiform you, that
every attention has been paid to the contents
of your letter of yesterday—we consider the