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*.'
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