1
For the Gazette of the United Statet.
Ma. Fesso,
The following copy of an address lately
presented to the Legislature of New-
Jersey, having accidentally fallen into
my hands, and the fubjecl being of
general importance tq the State, 1|
take the liberty of tranfmmwg it to !
you for publication in your G^^ette.
A JERSEY MAN.
( Concluded from our lajh )
IT only remains, under th's general
head, to make a few remarks on crimi
l>»{law. The iirlportance of iliis branch
•of jurisprudence, to the liberty and fe
curhy of the citizen, is now pretty ge- j
neritlfy understood and acknowledged. ]
It has of late excited the attention of
the p.blelt writers, both in Europe and
America. Much light has been thrown
upon the fnbjoft, and important im
provements fuggeded. The general
principles 011 which penal laws ought
to be founded, are now fully developed
and fettled. A recurrence to fadts and
experience has clearly demonstrated,
that, to a free people, moderate punish
ments are more effectual in preventing
crimes than fevrre ones. Reason And
humanity approve of this difcoveiy,
and a philanthropic and enlightened ii
giflature, has now a fair opportunity of
adopting it. Mo ft of the statute law
of England, concerning offencei, is cal
culated for the artificial ttate of proper
ty and society, peculiar to that nation
and the punishments it inflicts are al
mofl universally too fe\*re and sanguin
ary. I presume, therefore, little use
will be made o£llie BrtH<W-(tornte book,
- "in si aming oar criminal code.
The eommtn lazv has Wfll defined the
greater part of frith offerees, as are
moil frequently perpetrated in that state
of society and manners, which prevail
in our government, and the common
law mode of proficution, by indictment,
freed from all its excrefceu
ees, is the most fimp!e, rational, and fa
tisfadtory, that cau be deviled. The
punishments which ft inflicts, for all infe
rior misdemeanors, by fine, mprfonment,
or corporal ch a (life me nt, at the discre
tion of the judges, seem to require no
a'reration, except fixing determi»a:e li
mits to this difcreti'maty power.
As a member of the federal republic,
the cogliizance of national offences, with
all othei3 relating to'trade, commercd,
ami the revenue arilim*- tJiflcmim. ha«
and the revenue ariiing therefrom, ha.
devolved upon the nationalgovernmenrr
These include a large proportion of the
penal laws. The task ot our slate legif
leiTened by it.
It is, perhaps, premature for the le
gislature of Ncw-Jct/ey, to extend the
lenity c»f our penal system as tar as Tome
theptetic writers have reccriimetided, by
totally abolithing capital puni foments.
But the example of other dates, and
the reafonablene'.s of the mcafore, will
fully juftify them in confining rtto/rra-
Jon and wilful murder. No other crimes
(hould be pin idled with death : and
penitentiary imprilor.mcnt is, perhaps,
th? best fubllilute, in the higher offen
ces. A further improvement seems
irghly rational arid practicable, in cases
of offences immediately injurious to the
perfen or property of individuals : in ad
dition to the punishment inflicted, to
eLablifh a furomary mode of compensa
tion, or rellitution, to the injured parly,
by directing the jury who try the de
linquent, if tliey find bim guilty, to as
sess the quantum of damiges sustained,
for which execution may ifTue, without
the delay and expeuce of a private ac
tion.
It \*ill add to the precijion and sim
plicity of our criminal code, to arrange
all ojfenccj under certain determinate
grades or chjffcs. This may easily and
conveniently be done, in one general
"ad for the amendment of the criminal
la-ju," distinguishing every grade and
species of offences, by separate sections
and paragraphs. Treafn in most ca
ses mud be a national etime. At lead,
the trial and punishment of it ought to
be uniform, throughout the United
States, and the national legiflatuie has
made provision fur this.
Homicide, in all its varieties, is very
accuratcl/ defined by a series of common
law adjudications. o.ir own statute
bock contains one aft on this fuhjeft,
entitled "An aft to prevent the de-
rtroying and murdering of bastard chil
dren," copied from the Britilh statute
21 Ja. i.e. 27. This ought to be
repealed, as the principle on which it is
founded militates directly against the
natural sentiments of the human heart,
by making the concealment of infamy evi
dence of murder. Consequently, it is
wholly disregarded in practice at this
day, even in England, and ought to be
expunged from every criminal code.
The bigany aft, I J. i.e. 11, or fome
tfring fim.lar, appears necessary in our
ftat,ute lav.
Perjury and subornation ot perjury,
are, alio, well defined at tommon lain.
The fta'.ute j El. c. 9, is seldom nfed
in England; but the Ifatute 25 G. 2.
c. il, uhicU dcclatts it futncieiu in pro
fecii' oris for these offences, to set forth
! the ) .bfta etof the offence; Sec. instead
i ot the who/: matter, 38 required at com
mon Jaw, seems proper to be adopted.
/ crgtry at common law, is too limited
for th j numerous written tranfaCi;on3 of
the present day. It will be net (Taty to
Vojit part of the statute 5 Efte. c. 14,
and to extend this offence to the forging
or fundiy species of writ
ten and paper securities used
in this (late>4n imit»tion of some mo-
Idern British ftatutv, on this fubjeft.
The Jlealir.g of various species of pro
, perty, which from beiiijg originally ad
i herent to the freehold, upo\ feudal ppin
i ciples was not larceny at o'Virion law,
I has been made loby a numb.rut Br.iifh
ftatutcs. Something similar to 'tvh ch
it will be found necefTary to ingraft 'uto
cur law, as the ftea ing of grain, fruits
and garden vegetables glowing, proper
ty fixed to a house or building, deeds,
bonds, notes and other chofes iu action.
3ome kinds of wilful /foliation, mali
citfus mifchief, notorious cheats and ira
, politiohs, though all clearly mifdemean
o s at common law, have been fpecifi
-1 cally prohibited by a variety of flatutcs
in England. Thcfe will afford ufeful
hints in drafting our penal code, but, as
the objedis of them are mostly local,
they cannot be expreftly adopted.
The a&s for fupprefiing immorality,
and other penal laws in our statute boo!?,
will, of course, conllitute a pai cf tliii
criminal fyflem.
The prevention of crimes, is tbc ~ioft
humane and defireable otjedt in enact
ing penal Laws. The speedy and cer
tain punishment of offences, has a very
powerful effect in this refpedt. It
seems, therefore, highly expedient, that
Psrjury, Forgery, Lffury, Lil)\ny, nnii
.all inferior rtiifdemianorf in vreneral,'
should be triable in the quarter Jeffionj.
I shall trouble the Legislature -.With 110
further remaiks on this head, lie re
vision of our own Statute Book\ will
require a more minuteand particulai'.con
lideration ; but this I - shall poltpon ) un
til some future opportunity.
In thus addressing the reprefenta: ives
of a free people, I have aimed at the
decency and plainne'fs of a Republican
and a Mlow-citizen And 1 fubr.Ut
with the few ! vatioi-s'
nave taken the U6e«t) fug S «4t, 19
their notice and candid confiJeratioii.
I B——■
To the Printer of the Daily Advertiftr•
Six,
Please to piiblifh the following extract
* of a letter from a gentkman in Phi
ladelphia, to' his coi refpondeait in
this city. A CUSTOMER.
" Philadelphia Dec. 2, 1794.
" Dear Sir,
" I SEE by a piece in the Minerva
that yoi r arillocrats are making use of
tlie success of Mr. Jay's neguckttion,
the event of which is not yet known, as
an argument in favour of chilling anti
republicans at the approaching election
for members of Congrefs—for fay they
if the Madifonian party had prevailed
in the last fcflion, and carried the mea
lures they proposed, this country would
certainly have been involved in the war
—whereas by the wife moderation and
pacific measures of the other party, we
(hall obtain the poffeflion of our Wefl
ern Posts, and eompenfation for the in
juries to our trade, &c. without a wat ;
allowing at the fame time that these
moderate measures might have been un
fuccefsful, had it not been for the peat
successes of the French against their
combined enemies. The above I think
is the substance of the reasonings as far
a» I can recolledl them from one flight
reading. I (hall fay nothing of the ab
surdity of puifuing measures, the success
of which were to depend entirely upon
events, future, uncertain and over which
we could have no agency or controul
whatsoever—to wit, the success of the
French, who were during the whole
winter the fabjedts of their most bitter
Philippics ; or of the extreme impro
priety of producing as arguments, facts
which are still unknown, and which
very possibly do not exist. It is true
we have reports in the papers that our
pofls are soon to be delivered up—such
reports have been (as occaiion requir
ed ) thrown out for three years past, 1
suppose by way of amusement, and the
present one may have been thrown ont >
merely by way of argument: This is [
not an impossible cafe, for 1 have seen
pofitivc accounts in the papers two or
three months ago, that the British coust
had agreed to deliver up our pofls, &c.
these tnuft have been entirely unfounded
at that time—but the elections for mem
bers of Congress coming on in many of
the States much earlier than in the State
of New-Yoik, might render it impoli
tic to wait for official information from
Mr. Jay, and unfortunately for them
this is not yet airived—What vile arts
aie made ufc of to delude people at
elections !
« But granting these fa&s are true,
and that Mr. Jay has fuccceded in ob
taining every tiling we had a tight to
expett, which i, and I believe all the
. Madifonian party fiiicciely with may be
, the cafe—tor t am convinced they are
• and have 'through the whole of this bu
• finefa fcten as anxious to prcferve the
I peace of the country, as the molt paci
fic of their opjblVfs. 1 fay gianting
that Mr. Jay Ihould have perfect sue
- cess in his negotiation, will it prove,
- what the writer in the Minerva would
- infer from it, that this success will be
, owing to the very pacific policy <<f his
1 party ?by no means—for he allows that
1 the fucccfs of the French was calculated
> upon to ensure M.i. jay's success : Had
i the French then been unfuccefsful, what
mull have been the conffquenee ! Mr.
, Jay must have been so too, and returned
with his demands unfatisfied, and this
- country mull of courle have been :n
- volved in the war, or let down under an
- infamy, which ihegveatelt advocates for
- peace would hardly have fubmittcd to.
s We may tliank Keaven and the Madi
-1 fonian party, (hat this is not like to be
s our cafe ! Fiff notwitliftanding the fuc
, cefles of the French, which have con
founded their enenii.es in Europe, and
, converted ! ey had in this
. cvioiitrjr, »ti' Jft 1 uto'pvo.'i iR» s"of frit ad
i (hip—had .it .nt Uen so» the tp;riled
j tfte.-i&rei 'piopofcd by the Madifonians
t ; in Con/w-efs tail winter, by which some
,| of t;ie 'Acs in Pa.lis:: mt told tlfm
. (they might be convinced tnat America
y | would not be trifled with, Mr. Jay
t would have rctun-;d with his finder in
t his .n'outh withjtit the !e. (1 fatiVaction.
j -Interrupted in ilieir eommeice wi;ii eve
; ry oihtr part 01 the Woi'.d the Britilh
court feared a fuipenfion of it with this
3 country ; it woo Id have been ruinous
. to (he:.-i, it woiild haveendangerted then
[l government ; :hcy feaied regulations of
. traide, which they had juftlv provoked j
. they feared the leqtieftrauon of the Bri
tifb property in our hands : To these
s fears more than to the gallant armies of
e ' the French (tiio' I am willing to allow
[i them their full weight in the cause)
t (hall We be indebted for all the. luecefs
" V mrrls w.'t I'—j t. ••> -
, ed (.or a war wtWj 119—for the me ifures
j pursued by tfrt; Madifonian paity (who
; happily f«r tht peace of this countiy
; <ompofed a conlidfable majority of the
. ! Congress) (hewed that we were sensible
j we had in our fisnd a better and fafer
' game than wjr, and that v e were de
; termined to riiay it if ncceffaiy. Had
I only the mcalu'.es of the (.pptilitc party
been putfued, and no others propjfed,
upon what couid they have calculated
for their filcCrfs.
I don't know how we are to find out
better than from the Envoy ;,,mfelf,
i ' who tells Lord GrenviJle that we de
f .p>ndedupon the magnaviMitv, the
, ■ JUSTICE, the Ct-EMENOV and PtODE
s ration of tlie British court. It ap
- pears to me ihat the very mention of
1 these things is fufficicnt to raise a t)lu(h
r of (hame or indignation in every cheek ;
I of {hame in tl-e fuppoiters and defend
■ crs of the party, and of indignation
I every true friend to the honor, pe? :e and
independence of the country. What
I their clemeoey : s, their ]®rovc in N.
: York and the Jetfev prifon-iliip, those
darkest blots that ever llained the cha
• raiterof man, have taught us ; cf their
; magnanimity, their-f.illing, wiihout pro
: vocation, upon a nit ion drugging to
throw off uppicffions which 1.0 peo
ple ought bear, lingle againd a
world in aims, affords us a molt strik
ing piflure : And there needs no
thii.g lfioie than the very < ccali'in of
Mr. Jay's mifficn, and pufent appeal
to it, to fatisfy any man how little,
much dependence was to be placed up
on their justice. Could it be rationally
expected that a regaid to justice would
prevail upon a court t,o make con l pen fa- I
tion, and that to an immenfie amount, I
for njuiici io recc:.tly (iuthorifed by
themselves; is it rational to fnppofe !
that mciely a regard to justice, would I
induce them to give up The polls, which i
the ablest ncgociathrs, have rot in twelve
years been able to get out of their
hands. The_ luppofition mult appear
absurd at the ftrit Llu(h—and yet the t
Anti-Madifonians were for rifquing the |
success of our applied Am, at:.'. t|e
peace of the countiy upiSu this ; ofurc
confidence; and they 1 gia ii.ejdy to
discover a confidence h,:l r—>.t -J-furd,
if poffiblc—which >
of this countiy, if Mr. jay's nnffior
(hould be fuccefsfnl insy be pu > ailed
upon to allow them the iperit oi what
will be so evidently to be ascribed to
the fpirit'ed measures of their oppo
nents. In this confidence I trust the
good sense of the Americans will disap
point them—a» also in their late very ex
traordinary attempts to perfuede the
public that the Democrats or Republi
cans are accountable for the late uhap
py riots and disturbances in the Weftetn
Counties of Pennsylvania, which were
evidently the consequences of the# own
impolitic measures; measures which were
opposed by the Republican party at the
time, because odious and unpopular, and
likely to produce the very consequences
which have unhappily flowed from then-.
The fame party lately opposed with bet
ter success a itamp aft, which, had it
pafled, would very probably have open
ed a wider field for calumny by ex
tending the scene of tumult and confu
fion.
" It has been a common aflertion
that the Madifonian raeafm es were war
like, and those of the opposite party
pacific ; this aflertion has been so often
and so confidently repeated, that I think
it nut improbable that fortle may have
fwalh.wed it down for truth : but it
« s
wants but a moments examination to
(hew its falfity.' The language of the
Madifonians.to the court of Great Bri
tain was—Deliver tip oar pofis and pay
us for the lawless depredations you hays
made upon our trade," or will, wfiat !
not fight you to obtain justice, but will
make your own people oblige you to do
us justice, by breaking off trade with
you till you do. The alternative of the
other party was—Do us justice, or we
will fight you : Who can doubt when
thus truly dated, which measures wete
the most pacific « *
UNITED STATES.
PITTSBURGH.
December 6.
Mr. Sad!,
By inserting the following letter and
theanfwer thereto in the Pittsburgh Ga
zette, you will thereby exhibit the warm
and i'pirited attachment of a Frenchman
to our government, and the amiable dif
pofiticn of the Commander in Chief of
the late Militia army ; and also the perfi
dy of men from whom the United States
claimed a different cofidurt.
I have the honor to inform your Excel
lency that on the 30th of October, hav
ing undcrftood that David Bradford, of
Washington, was going down the river in
a final! canoe, by himfelf, and had paiTed
opposite to Galliopoiis but a little while a
i tnouym rt was my curry, as Demg a
public officer at this pt ft to give orders to
stop him. Conlequently, I ftnt three cf
the spies, and a subaltern officer with or
ders to take him and deliver him to my
polfeffion at Galliopoiis, where I inteuded
to keep him under a flrcng guard till I had
been honored with your on e s.
'My men overtook him onthe.uft, a
bout'eleven in the morning, 30 mites be
lov." the Big Scioto, but unluckily for them
he had two hours before got into a'boat of
the Contradlors, -where they found 13
men all ready to pn tc<£t Bradford, and
mafiacre any who would undertake to
take him away. My men after having
used their best endeavours- and exerted all
measures which prudence and inferiority
could suggest in llich occurrence, compel
led to give up to a majority, aad follow
the boat as king as pciiible, to try to gtt
a reinforcement from some of the stations
on the river, they offered 50 dollars to any
man who would turn Out with them to
take Bradford, but they fcund the moil part
_of the people difpofcj 111 his favor, and
(inclined to fcrve his cause.
By several rt ports I have aright tocon-
Ijeiflure that Bradford landed at Limestone,
I and was conducted to forne pi't of the
| country where he could fefely pieach his
doctrine, and spread tiie flame of a new
infurredtion. It will be almost impoflible
to take him alive in a country where the
majority is inhis favor, and a matter of
great chance if he can be killed without
any fatal cpnfequences. I ycfterday. saw
Captain Jolly, of the mouth of Wheeln,
who communicated to me the orders if
i sued by your Excellency, to take Brad
j ford, or to kill him, rather than to fuffer
him to escape. I gave co Captain Jolly all
the information which I had, and desired
him to proceed to Limestone, where he
could receive some directions favorable to
his purpose. That boat of the Contrac
tors aboard which Bradford was found,
was bound to Fort Washington, under the
command of a certain Samuel Duncan,
and loaded with coal; there were several
paflengers on board, who by their hostile
disposition appeared to be particularly at
tached to Bradford. AH the information
you wife to have on this important fubje<sl
can be eafilv obtained at Fort Washington,
where S. Duncan delivered his boat.
I am mortified that my undertaking has
been nrfsiccefsfu!, where I would have
been happy to have my attachment for
this country fuily manifefted.
And if your excellency thinks that I
cr • of any service in this affair, and
w ■- ir -r me with some orders they
l'r re t .-formed with the greitelt
vie in-ftuaSty.
i . ■ ncy's most humble and
gt£et!'"-rt
T'l-iEbTCpURT, Captain
1 .ruicihig Mihtja at
Hi» Excellency Governor
Lee, Commander ia
Chief of the Army at
Pittlburgh.
Htad Quarters, Pitt/hvrgh, N^ e , r ,
11. 1794. fr
SIR,
I have received your letter of ft* . .
mft. and maturely contdered lis „
lam concerned that the p Er; ' y ; '
pursuit of Mr. Bradford were w.iicW|.
ful in efforts to arrest him, in j»
as I fear the late convulfioi.s of ,
part of the country may in a ;r f ,t de
gree be afcibed to his council, ?..,d if 3t „
1 hope at the fame time thai' he wrtl y et
be delivered into the hands of
that he may expiate by his pumftrtct'
those offerees which he is fuppufed : a
have commiited against tht t' cu:m£ry
from which he derived his exiiWc srd
support: but while I wish tl.at he ftciil
be taken, I wi(h not that lie fhc u H be
jdeflroyed ; on the contrary [ (h. uld be
'affected with great concern (h U M £
hear that he has been killed, or
treated with unnecessary fevrrity nr era
elly. It is the happiness, as it is the
piide of America, that no p?rfi>-: VJn b e
deprived of his property or exiti-iicc but
by law. The principles of nftier, 0 *
which are founded those of iiu
pionounce that before he fhull be depri
ved of the latter, he (hall be cunfiuittd
with his accusers, allowed t lie Benefit of
exculpatory testimony, and p< rm t d i«
urge whatever he may thi- k uecelkry
for his defence.
(Conformably to this id::, the f ever?l
offenders who have been seized in thi»
deluded country have been rcj;u!ai!y
delivered to the civil power which will
deaf with them according to'their
nierits.
Permit me, therefore, to afiure yor,
fir, that the information you have recei
ved that I u ifhed Bradford to be killtd
rather than fuffei'ed to rfcape, is etTone
cnis, and that I shudder at tie idea of
hunting to death a fellow being.
If by your exertions he could he sent
to this place alive, yon would confer an
obligation on me, and 011 "the United
States, at the fame time in that event,
i should vilh him to be treated with
evety civility consistent with his fafe
custody.
I aw, &c. &.
HENRY LEE.
£y Hrbeiourt. ' '■
By HENRY LEE, Esq. Governor
of the Commonwealth of Virginia
A f jC ft »1 B»|>l—tlivtimf Gnd Com
mander in Chief of thi- Militia Airay
in the Service of the United iSrAei.
APROCLAMJTIO
BY ti tueof the powers and 2. tho
rity in Me veileJ, by the P elide,.l if
the United States, and iii obediei.ee to
his benign intentions, therewith '.om
municated, I do, by this my pic. la-T?-
tion, declare and make known tn al
concerned, that a fu.l, free, and in.ire
pardon, (<xcq.ting and providing 21
hereafter mentioned) is hereby grai ted
to all persons lefiding v, it in the e rir
tiescf Washington, Allej, .env, '.Veft
morelard, and Fayette, in tl.e S'ate of
Penpfylva iia, and in tin eon ty of 01 io,
in the St..te of Virginia, ilty of tre«-
son, or mifprifion of treaf n ; gun.it the
United States, or othenviie tlirecUv or
indirectly engaged in the v. i ked nd un
happy turr.ults and diftirb ncesh ttl} em
itting in those counties ; excepting tie
verthelefs from the benefit and t: eft of
this p?.rdon all perforw clinked wi:h the
commiUkm of offcnces aga .:it the Unit
ed Slates, and row aftual.yin cu.lcdy,
or held by recognizance to appear and
answer for such offences at ai.v judicial
com t i-r courts except ing <-lfo 11 person*
avoiding fair trial by tbtindor mer.t of
their homes ; and excepting moreover
the f: lljwing persons, the attiocity ef
whose condiitt renders it proper to
murk them by name for the J or>ofe :.f
fubjeding them, with all potable cer
tainty, to the regular couife of judicial
' proceedings, and whom all officers, ci
vil and military, are required to erdea
vour to apprehend and brn'j to
tice, to wit. .
Benjamin Paikinfon, Art: ur Gardner,
John Holcroft, D : : >4H- mihor.
Tho. Lapfley, William Mffler,
Edwari Cook, E.I-. tJ Wnsht,
Ricliaid Holcroft, D J Bra J fore,
John'Mitchell, A'cx. iintOD,
Thomas Spiers; V. in. Bradford,
Geo. Parker, Haiml,
Edward Maguer, jun. Tho*. Hughe*,
David Doek, Eben. Gallagher,
Peter Lvlc, J^n
William Hay, Wni.M'E': sany,
Tho. Patton, StrpSiex'to J« k '
Patrick Tam k, & And. bilaedi, ot
the state of Pennsylvania,
Wm. Sutherland, R. Stcpr.fnlon,
William M'Kir.ley, Johr. Mix-a *
John M'Cormic, of O.'UJ - jnt T»
in the State of Virginia-