Gazette of the United-States. (New-York [N.Y.]) 1789-1793, December 09, 1789, Page 274, Image 2

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    tor hi in, I mil ft inculcate upon you tlie proprie
ty, and neceihty of your lilleningto no otherfort
ot evidence than that which isdelivered to you by
Perfonstnyourprefnce. Hard indeed is the me
thod oi trial before your tribunal, difguftiuo- i„
ome meaiure to your minds and contrary to the
rules of law m other courts; where no decision
is made, no verdict formed, until the tellimony
ot both parties has been submitted tothofe fitting
in judgement. But if you were to attend to writ
ten evidence, it would be placing tliole criminated,
111 a Jiruation infinitely more harsh, and would fa
vor ot a kind of persecution unknown to the free
men ot this country j for no man shall be charged
or convicted ot having committed any crime or
odence, without having those who accuse 'him
brought face to face. The fubttitution therefore
ot written evidence instead of personal tellimony,
v\ ou 1 1i ,>e an innovation of dangerous tendency
and might be made the legal tool of oppression to
the citizen when it can be in no wife jollified by
policy or neceihty. Should a man be found auilty
before you of any offence whatever, upon this
and ° ; teflunony, you brand him with a
which perhaps he may never have an opportunity
of wiping olf. For fliould not his accusers ap
pear before the petit jury at his trial, there is no
method of acquittal for him from the clvirae
which our law points out. True it is the coim
will discharge him; bnt how will he come forth
to his lellow-citizens ? Marked as a b a fe flagitious
character ; and as one who only escaped the pun
ifhnient he justly merited for "his crimes, by the
nt r. or perhaps misfortune of his accuser.
i nici, uon this, gentlemen, to you, because it is
propci you should be well informed upon a point so
favorable to an impartial trial; and it is with the
yjre confidence that I have dwelt so long on thisi
dea, because the judges rtf the court are unanimous.
V 01 tno opinion I have now given you. Perhaps
it would be 1 ufßcient that I fliould add no other
reason than what I have dready submitted to
your consideration. But it is also a maxim a
dopted by one of the bell authors who has writ
ten on the criminal law, that a prisoner has
a right to challenge a grand juror. This, it
is true, has not been recognized by the prac
tice of this court, but I contefs I fliould feel in
clined, if a prifoger should object to one of you,
to upho ,! the objection, and support the prifon
ei s right to challenge ; More innovations have
crept into the proceedings of your body than this
alone ; foi formerly the evidence for the prisoner
as well as againfl him, used to be heard by you!
But this has been discontinued, and thebenefitof
it, I fear, irretrievably lolt to the unfortunate pri
soners. Precedents increafeprecedents; and in
novations multiply innovations. Theruleoflaw
gentlemen in this cafe is very clear, and has lon.'
been underftoodby profeflional men in the man"
ner I have now explained it to you.
. Let us not then permit a doctrine offo alarm
ing a nature, as that of written evidence, tobea
ilopted by us in our criminal courts. If, there
fore, there should be any written documents, ot
the guilt of tiiofe vvhoareto be tried, the
papers and indictments delivered to you° you
will repudiate them as nfehfs and difgraceful to
your tribunal, unless the court should authoriCe you
to proceed thereon. For although it is laid down in
some very good authorities, that written evidence
may be read in cafe of the death of a witness I
doubt whether it would be luffered to be done in
a criminal cause, affeding the life, or even the cha
racter, oj a jeltovi creature. There is, gentlemen
one aa of the Ajfemlly of this State, entitled, << An
atl for the better ordering and governing of negr o ,s
and other Jlaves pafed the 10 th day of May, | 74 0
which is especially directed to be given you in
charge : and although the reasons may not exill
at present, which made it neceflkry at that time
yet, in obedience to the law of my country I mull
remind you of it. I hope, therefore, that you
v-,,1 gl ve it an attentive perusal, and if tliere
fliould appear to you any defects in the policy of
it; or that the law is too harsh and severe upon
that unfortunate race of mankind, that vou will
loft en off its rigorous effects; and that'vou will
shew to the world, that having obtained your own
liberty, yju well know how to prize it, and that
you arc truly fenhble how dear it is to mankind
by extending to the coloured people in our State
as much indulgence as tlieir unhappy fubordi.
nate situation will admit of.
■n r ou C Vfl d S En^' fl, - arCOUrtS ' >t ,t,efe '""M>ons : The'deta "
fM f a> ', SpapCr ' ">P" bl in the DaUvGa"'
of Monday, original y appeared in the I.on„o»- O.acu T
author very pointedly alludes to Mons. Ca .o„ now a'nlv
tie in England, as a prune agent fn the late attempt to defeat the
views of the National Assembly. The following account h«
not vot appeared m tl« papers of this city, and thoiirfubft n
on,:rjrj ,rad >' pub " ihcd ' -c-te
PARIS, Get. 6.
OXT■« J 1 . "'tin o'ciocl at niph.
N Monday ihormng the general alarm ofthe
people as to tbe intentions of the Court and
a ftarcny of bread, brought on a gradual infur
recftion m every yuartei- of Paris. The women
particularly, flocked in the most riotous manner
to the place de Louis XlV—they were armed
with stronger weapons than they could wield, and
as they advanced, prefied every woman they met
with in to their service.
The Marquis de la Fayerte and Monf. Baillie,
the Mayor, spent the morning in a fort of detrac
tion, as to themeafures they ffiould pursue. The
troops determined for them, and particularly the
Gardes Francoises, who infilled 011 the Marquis
heading them to Versailles, or taking the alter
native of the lantcrne. A fufficient guard was
then oidered fortlie defence oftliecity—the relt
of the troops, about 20,000 —about 10,000 of the
armed Burgeois, who had before offered to be a
part of the militia, and as many of the dreadful
1110b of July as could join them, armed with pitch
01 vs, <cytlies, hooks, and iron in all fliapes, on
clubs of all sizes, intermixed with women, who
appeared more savage than the men, in all, a
mounting from 40,000 to 69000 people, marched
°J" ort ' ei ' w 'th drums aud colours, for
V erfailles, where they arrived about half pall
nine at night. But the women, who had aflem
bled 111 the morning, had reached Versailles many
hours before them, and aflilled by some of the
Versailles inhabitants, had stormed the Palace
Gates, called for bread, and infilled on the Life
Guards taking the National Cockade.
The whole Royal Family began to be alarmed
for their personal fafety. The Life Guard fired
011 the women, who became furious, and, assisted
as they were, victorious. Five young Noblemen
were immediately facrificed to their vengeance
one run thro the body—one hung—a third cut to
pieces—and two beheaded. The Marquis de la
Fayette came 111 time to save the lives of about
twenty others.
Tuesday morning many of the mob returned
from v erfailles. The heads of the two officers of
the Gardesdu Corps were borneon pikes through
le flreets of Paris ; and couriers, who had ta
ken the firft liorfes they could find, announced
the approach of the whole Royal Family. The
troops that preceded them, began to enter Paris
abunt two o clock, and the line was so extended
with women and club-men, that it was half pail
seven when their Majellies arrived at the Hotel de
llle. y,\ hat parted there has not transpired :
1 hey fleptm the appartments at the Thuilleries
and are to remain there.
The Flemish regiment was divided amon* the
troops, about twenty of the Gardes du Corps" the
King's household, &c. ■
About ten at night, proclamations appeared to
arture the people, that his Majefly had reeeived
the pan hans with great kindness ; that the Gardes
du Corps had taken the oath of fidelitv—had a
greed to serve as the other officers, and to be af
hfted by other officers in their attendance on the
Court . and that his Majefly had signed the arti
cles of the Conllitution.
The greater part of the Gardes du Corps have
killed" Women we 'e wounded and one
• ° CT " 7 \ The tr an factions of the lafl two days
1 the capital are so important, and have followed
each other so rapidly, that it is difficult for any
one 011 the (pot to consider them as he would wiffi
nrbnl 01 r° a PP reheml the extent of the good
or bad consequences they may bring after them
Immediate causes, the influence of individuals
Court aM P r ° the lnach ' na tions of the
Court, all seem inappl,cable and inadequate,
Ln D ened Pa u Vlththe " ,a S»"ude of wha: has
happened : It requires a great knowledge of the
trench character, and of the human heart; are!
ference mull be made to a long lyftem of llaveiy
and of cruel police suddenly removed ; a know
ledge must lie had of what miserable beings mil
ions of men in this country are, and of what all
men may be, in order to account for the manner
111 winch great points are secured in the country
to feel the necessity of their bein £ secured o.
all reconciled to the means made nfe of. The Pa
rifians will be long before they recover from their
worn"" Ito L "
omen, who have at onetime absolutely wanted
corner,''of\hec> " b \ i,,ftinA fro, » tlieremotell
fiXnce of M, ft y ~ tak,ng ' 5oflellio " <> f " the re
lence of Majefly—conquering the Body Guard
ting at the very chair, and personally with the
rkmaiket 1 ' b ™ d . a,ul »"<> »f filliiigrhePa?
an arm-"!')''- g followed b»
0f.",-; md 'h'
riom. cruel, CO rp s 1„ ,l,e Ltira " nPe '
mg the Avoi-ji defenders of hi-, M a i e ft, ' ,
at feeing his Majesty and al] the Rov a l
on the not t ce of a few hours, leaving
inoil mansion, and coming to a ~K.: • Coill
they npveryet flept-in kfo wi „ g P £ »
the confufion, his Majelty signed tI, P , • ?' la|
the Coultitution, that the National Afl- ll 'i| CSo '
terinined on removing to Pari- ,
whole began and endeif in thirty 'i] X h o ll ' !
Inc detail of any of these facts will ,
never be seen in its full extent The n P
the Royal Family to the
be the most engaging, the molt varied
grandest, and the one that afforded -hp , '- '
tieclion, that excited the tendered fa
that ft rack moit forcibly the imariiwr I
that moit forcibly fbocked it by as odd a cm'' J ' U
tionof pleasing and disgusting objects o fTr
ty m fetters, of sober and becoming liberty?
of indecent not, as ever were bronfh tott'h'
rhe points of many bayonets bm- P i 8 '
bread, and alnioft every musket a branch° o T ° f
tory. rhe club-men in bodies between the t
carried whole limbs of trees ard tloo P s
had thrown away theirclubs and poles fofrt*" 1,
Never did BirnL Wood come
nane. rhe women mixed with all m j •
ribbands and flowers-heading rhe Jf
panies, and riding on the cannon. HisMajeliv's
Sw,ft forming a doubleline on each fide the 3
left a clear space between them ; the RovalK '
mily were guarded by mixed troop S ,feven a k eaft
on each fide of the carnage, the rabble were en
tirelykept off, the King and Oueen appeared i„
good fp.rns, and the cry V,v: la
was heard with those of the cry of Vivt
Vwe la Nation J The ThuiHtries palace has'bee'
Abounded the whole day, their Majeflies £
themselves often at the windows, and neverS
out repeated plaudits from the people.
LETTER. from M. dela Ville Roux, tttkCt
zens of I Orient, dated Paris, 0(1. r2 , I 7 '
Oentiemek, y
vnS nfrl! 6 • POllftr - ipt ° f m y last letter , I informed
don«I A^ 1U M tat r 0n t C in S had given to the Na
tional Aileinbly of namingc immilffonerstochool'e
a proper place for them to continue their proceed
ings in. Our commissioners seen, by their report
to have fixed on the Menage des Thuilleries.
in removal to Paris, which was voted on Fri
day evening, appears to be aneftablifhment.dan
gerous to the perlonal fafety of the members; and
lome members have demanded in fpeakin* of in
juries| they have personally fuffered, that the Na
tional Aflembly should renew their debates on the
iacrednefsof the persons ofthe Aflembly—Thatli
bels incendiary writings and mobs, should bepro-
Jen bed. These members infilled that thismotion
mould be considered previous to the proceedings
on the order of the day, notwithstanding which
it was postponed to the evening; and the Bilhop
( rf?!' having obtained liberty to speak, pro
po ed his motion, which he had previously an
nounced, on the finances. It was heard with atten
tion, and highly applauded. This plan of finance
proposes to seize upon the goods of the clergy,
w ioie i evenues amount to 150,000,000 livres; and
t at the National Aflembly should take their debts
upon itfelf. That they should allow 100,000,000 li
v 1 es annually to the ecclesiastics; andto the curates
1200 livres a year, payable quarterly in advance,
ie 1 es a maintenance. This appropriation to
nave preference to every other, and to be augmen
ie< e% eiy ten years, if neceflary, according to the
price of bread. In a few years the people, benefited
by the motion will fee, that'the defidt will difap
at great parr of the rents and annuities
w 1 >e extinguished.The charges of the judicature
and finance will be reimbursed.—That the tithes,
which will be converted intocafh, will beabolift
ed, to the benefit of landholders.—That there
mams of the fait tax will be totally aboliflied.-
1 fiat there will remain, without that part of the
annuities which will not be aboliflied, a revenue
o 35,000,000 livres, to be appropriated to afink
ing fund : f rom which it results. that before ma
ny yeais France will not have occalion to raise
r ' lan or 4°0,000,000 livres, per annum-
A bnhop only could have struck this mighty
~r r ,)een decided,that there wasno occafionto
dilcufs the motion 011 the fubjecfl of the facrednefs
of the persons of the National Aflembly. This
wile conduct has been juftified by the address
wluchtlie city of Paris have sent by their depu
ties, by which in manifefting to the Aflembly the
joy which the resolution of the Aflembly to
continue its fittings at Paris has occasioned, itaf-
them of protection, refpedi and personal
Paris, Ottober 15.
THE King has ifliied a proclamation, Anting
forth, that left the faithful inhabitants of his pro
vinces should hear with concern the circumstances
that have induced him to take up his refidenceat
I aris,lie had thought it his duty to make known to
them, that being informed of the inarch of the
national militia from Paris, and their definngto
obtain the honor offerving as his guard, it would
have been easy for him to go to any other pl* cf
than Paris ; but fearing that such a resolution
might be t lie cause of much trouble, and confidinf