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
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