The Pennsylvania packet, or, The general advertiser — Lancaster, Pa.;Philadelphia, Pa., 1779-05-13 00:00:00, page 1

THURSDAY, , MAYih sys
S^^ [-ft
GENERAL ^^^ ADVERTISER
To the P U BL I Co
P,HE malignant attempts of some late publications, to
1 blacken the charafters of Mr. David Franks, and of
'the Jurors who fat upon his trial, must excite the indigna
tion of every friend to his country, everyfriend to trial by
Jury, and every lover of good order in society. Had Mr,
Franks's letters been published without any comment upon
them, neither my acquaintance with, or friendship for
him, would have induced me to trouble the public, with a
tingle thoughtabout either of them. But the lrafe attacks
which I complain of, are not simply made against him, but
are levelled with a wicked intent, agaiqß the bulwark of
our liberties, Trial by Jury, as well as against the fafety
of every citizen, who may hereafter be acquitted by the
laws of his country, and the judgement of his peers. For
what security can any freeman have in the due adminiftr^-
lion of whalefome laws, if it is in the power of prejudice,
to raise the resentment of the people, against both him and
the Jury who acquitted him, by publishing,th the world
such parts of the evidence only, as operated agaihft him,
and suppressing whatever nsde in his favour ? Do not ou,
Courts of Justice fnrnifh daily instances of what appears
the strongest evidence brought in support of prosecutions,
vanishing like air, when it comes to be explained by the
defendants witnesses.—By halving and frittering away evi
dence in this manner, may not the plainefl logical deduc
tions be made the most Ronfenfical'abfurdities? And may
not impiety, by practices of the like kind, turn every page
of holy writ into blasphemy?
In order fully to underhand the Rate of Mr Franks's
case, and the principles on which an h'oneft Jury founded
their verdia, it is necessary to observe, that many years
before the wageing of the present war between Great Eri
tain and America, Mgfe Franks, Esq ; of London, con
traded with the Lords of the Treasury, to supply the Eri
tifli troops in America with rations at a Stipulated price,
and appointed his brother Mr. David Franks, of this city,
his Agent, to manage such partsof the business for him as
were to be tranfaded here. When by the prowess of Ame
rican arms, large numbers of the enemy were made priso
ners of war, and became very expensive to the country,
(no British Commissary residing here to supply them with
neseffaries) bar. David Franks was by a resolve of Con
gress authorized to continue in bis former capacity of
Agent to his brother, and a^ such to supply at the expence
of the enemy' ,their troops confined as prifonefcs among us.
This he continued to do in the m^ft unexceptionable man
ner, till the month *f October last, when the price of pro
visions took such afudden and rapid rife, owing to maity
taufts, that Mr, Franks, the faaor, saw his brother could
no longer afford, to supply rations purchased here, at the
former rate. To prevent his brother and employer who
had reposed a confidence in him from being ruined in his
fortune, it was the duty of the Agent, as a part of his bu-.
finefs, and for the omission of which he muff have been
highly culpable in the. ey€ of every reafon^ble man, to give
as early information of this as possible, to his employer.
Accordingly in the line of his business, he wro'e the letter
in question directed to his brother, but very prudently de
clined fending it in the usual manner, by a flag and imfea-
Jed Knee in lech case it muff haye been open to infpeaion at
Head Quarters in New- York, and would not only have
conveyed intelligence improper to have been communica
ted there; but fob plan of enabling bis brother to better bis
contrafl, muff in all human probability, have been defeat
ed ; since Mr. Franks mufl have been an ideot indeed, if
he could fupppfe the Commander in Chief at New York
would be so inattentive to his Mailer's interest, as to have
fuffered a letter of this kind, after perusing it (which would
have been done by him or his proper officers) to pass to
London.—ln order then to ensure the letter a fife patfee
to his brother, ^without being examined, and confatirntly
flopped at New-York, he sealed it up, and sent it by a sol
dier, inclofed to Capt. Moore, an officer of his acquaint
ance at New-York, in whom he could confide.—Although
it must be admitted to be improper on mod occasions, to
fend a letter within the enemy's lines by a soldier, yet
when the circurn fiances of this c?2e are attended to, it wi)l
appear quite different, since this was the bes lplan that in
genuity could fair/to prevent the letter b^ing intercepted
at New-York ; and if it contained nothing, improper to be
communicate I to the person for whom it was intended, the
tending of it by a soldier, cannot make it acrime.—That
David Franks did not with the contents of the letter to his
brother to be known ' at New-York, is evident, not only
from what was his brother's interest, which alone, be had
in view, but from his intruding it sealed up to an officer,
with whom he had been long acquainted, and who was
also related to his family, with a request that he would takr
particular rare of it, and forward it to I ondoM b, the h,i
opportunity ; the fame is also evident from his giving nd
account of prices in his note to Capt. Moore, which he
would have done, had he wish'd to give intelligence to
any perfou at New-York. It is true Mr. Franks desired
Captain Moore to inform Mr. A. Allen that Mr. Ha
miltonhad been honorably acquitted, after a trial of 12
kours, the Jury al?out two minutes absent, ami con?-
cludes with calling it aft iU-nat^ed projecution. E^t
this Coes not tend to betray America into the hands
[Price 2S. 6d. fiogle, 2s. by the quantity.
bf the enemy, and is therefore neither prejudicial to the
former er beneficial to the latter, but indifferent as to both,
and consequently np offence in the eye of law or reason.
It was natural for Mr. Franks, whose daughter is marri
ed to Mr. Hamilton's brother, to embrace an opportunity
,of acquainting Mr. A. Alien, who is Mr. Hamilton's firft
cousin, with his welfare; and it is nothing extraordinary
that so pear a connexion fliould call the prosecution an
ill natured ope, since Mr. Hamilton's innocence was so
evident, that a sensible Jury , did not take two minutes to
deliberate upon their verdia of acquittals Thus the let
ter to Captain Moore is not only harm/efs in itfelf, but
was necessary to procure a conveyance for the other to his
brother without the enemy's knowing the contents. If it
Ihould be thought that the letter to Moses Franks contains
the current prices of other articles than were to be pur
chased by Mr. Franks, and supplied as rations, the public
should be informed that by the evidence of Mr. Cottringer
ind Mr. Mordecai, it was proved to the Jury that Mr.
Franks supplied the prisoners not only with beef, pork,
bread, butter, &c, but with hats, shirts, flockings, fhdes,
and other cfoathing, Which brings the lift of articles nearly
within his proper business as Fa&or. Another part of the
letter said to be exceptionable is that which mentions that
Mr, Franks " had the day before wrote the boys," but
as it did not follow that because ^father, moved by pa
ternal affection, had written to his two fins, who had
long been absent from hjm, that ,his letter contained trea,
fonable matter: The jurors wdre men of better under
standing, and paid a more sacred regard to their oaths,
than to prefumc it.,.
By an unacconritable diflortion of language, 'ignorance
or envy has confirued the expression in the letter,
“ that the Agents for the French were giving in Virginia
" and Maryland 60,. to Zof. per cent, for four for French
“ fleet, and meat in proportion," into traiteroufly giving
intelligence to the enemy, injurious to our allies; when it
is plain 'and obvious to the understanding of any man of
common sense, that he only mentions this to his employer
(not to any person at New-York) as the reason of the sud
den rife in the prices, and does not leave his brother to
06km the unfavourable conjecture (which might otherwise
have taken place) that it was owing to an approaching fa
mine, or the fall of our monies credit. Yet we find this
innocent expression pitifully wrefled to raise the resentment
of the French Gentlemen, by endeavouring to impress an
idea that,Mr. Franks wished the supplies Tor the French
fleet should be intercepted, though this letter was not to be
read till it reacted Qis brother in London, long before which
time the provisions would be supplied if at all.
What has probably kindled the zeal of these censors
against Mr. Franks, is the Wound which they receive from
this expression in the letter, " that people are taken and
" confined at the pleasure of every Icoundrel.." and I
mus f con'efs that if, by any rule of fair conftrudion, it
coujd be extended to the government or court where the
trial was had, it would be highly c^nfurable; bu^thf
words are : not descriptive of either, but naturally relate' to
fu ?h bad. men as hiftpry, the key of knowledge and expe
perienbe, the touch done of truth, tell us, have at all revo
lutions taken advantage of the times to gratify their venge
fulpaffions upon their private enemies, till relief can be
obtained. iron? the justice of the country in the courts of
law ; and indeed, so far was Mr. Franks from calling any
reflection on the faat of jhflice, that he gives it the credit of
honourably acquitting Mr. Hamilton, the moment his case
was enquired into,
To use the words of on* of these fathers of wisdom (who
assumes the privilege of condemning, Jurors for dating to
exercise their own underflandings) " will it be credited in
<' Europe or by posterity," that the following e^preffion,
" Oh whata Situation Britain has left its friends!" has
been construed into criminality against thecountry ? when
reason and candor must agree that ibis charging our ene
mh with ingratitude and want of humanity, who by all
the arts ofcunning and deception, by denouncing venge
ance againfi.their foes, and promising protection to their
adherents, seduced some to join them, and others to think
and speak favourably of them, and. then abandoned them
without fettling, or endeavouring to fettle, any terras of
oblivion or amnefly in their favour. Have not good Whig;
exulted over the Tories ofteof by using the farite or like
expressions, “ fee what a Situation vour British friends
“ have left youln, who Spare neither friend or foe in their
ravages." The letter to Moses Franks then, so far as
it relates to the price of , provisions, appears to be flriftly
juijifi^ic § and though there is one expression in it which
had better have behn left out, yet as it is not a violation of
any law, it could be taken no notice of by any human tri
bunal.. That the public may fee no particular lenity has
been Shewn to Mr. Franks, they fliould a'fo be informed,
that a bill for high treefern was sent against him to the
Grand Jury, whoreturned " ignoramus" thereon; upon
this the Attorney General did not think proper to fend a
bill for misprision of treason, Since such a prosecution could
not be fupp&rted without a .traitorous attempt to give in
telligence to the enemy being made appear, -and of this
there waslittk expectation, from the firft bill being re
turned “ ignoramus " However, to make a conviction
certain, by leaving the matter at large so a jury, this ex-
Published every Tueiday, Thursday and Saturday. ]
pedieht wisluckily hit upon, to fend a bill "for a miful"
meanor, without charging a breach of any aft of Assem
bly or known law, or even without containing a charge of
giving or a%mp;tng to give intelligence tip the enemy, but
simply disturbing the peace of this cemmonweath, by
hailing sedition within it, &c^ though the contents of the let
ter were not to be fees: till it reached his brother 'i„ London.
The trial was had by a flruck Jur) of reputable citizens,
feverai of whom had faced the enemy in thi hour of dan
ger, and wh^fe characters are too well established to be
hurt by the feeble efforts of narrow minded men; ''who
" fuffir prejudice to get in the jddgrJent feat, and pro
" bounce sentence in the place of reason." Upon the tri'al
no violated law could be (hewn to support the prosecution,
but on the contrary, the ^th volume, page 5, of the learn
ed Judge Blackflone's Commentaries was read, to prove
that a " misdemeanor is an act committed or omitted in
" violation of a public law, either forbidding or com
' mending it," and no such thing Appeared in the case
cl My. Franks, As the Jury did not fit in flegiflative ca
pacity to male laws and convid upon them at the fame
time, but were bound to determine according to the laws
already in being, and as thefafety of a free people requires
that the laws refpeding treason, and treasonable practices,
Ihould be known and fettled, so as to leave ho confiruHive
engines of opprefion in the hands of power, they found
Mr. Frank's,^ guilt,, as by the law and their oaths they
were bound to-do.
What then a^Weto think of the moll unfair publicati
ons, made with the corrupt view of exciting the resent
ment of the people against a citizen <vho has been fairly
acquitted from a grouudlefs p/ofecution, after every nerve
had been exerted to punish him even capitally ? What se
curity has any man in the law, or fafety in living up to its
rules, it alter an acquittal by a Jury of the neighbeurheoj,
the team'd of punilhmehts are to be inflicted by the difa-'
tisfied and ignorant, who, being actuated by mobbifli
principles, neither reverence the law or regard its decrees ?
How disagreeable mud the fixation of Jurors be )if after
being compelled by law to serve in that office, and after
giving a rerdid according to the horieft dictates of an up
righreonfeience, and well informed judgment, they are
to be held up to the world, as " fudd^nly changing their
conduct to a very favourable turn, towards offenders of a
traiterous ki^d and their countrymen are to be deceiv
ed into a belief of this being the case, by having only the
most unfavourably part of the evidence to judge from?
Wherein does the excellency ofctrial by Jury confifi, if
by practices of this ki^d, Jurors are to be intimidated into
convictions against both law and evidence, in order to
support the character of Whigs ? How much longer will
this mode of trial be revered as sacred, if it is to be
calumniated in public by profane tongues ? What kind of
logic is it, that .because, if a person departing from the
line of his business and duty, should fend fyeh a letter as
Mr. Franks's, from General Washington's camp, to give
intelligence to , the enemy at New-York, he would be
hanged as a spy, that Mr. Franks therefore, who meant
to give no intelligence at all, except what was proper to
his, brother and employer in a difant country, fliould also
be hung. With what astonishment most the reasonable
and unprejudiced part of mankind hear, that it ever en
tered into the imagination of an Attorney General to com
mence a prosecution upon fuph a groundless and trifling
foundation ? And with what an Jroneft zeal of abhorrence •
meft the fired bosom cf every patriot glow, who reads id 1
the public papers libels upon a mode of, trial which fecurea
the liberty of the fubjeft against all the machinations
which tyrants can form against it.
These abfervations in favour of the Jury and in favour
of trial by Jury, are Submitted so the consideration cf th^
impartial public by a friend so that mtyde of trial. . 1
A. B.
TO_ BE SO LD,
'A ^ E 4''"Y? aftive Negro Man, brought up to
farming, ^nd is capable ofedoing almost all kinds
of plantation work. Also a neat Riding Chat.% For
terms apply 'to Andrew Carbon, in Market Sheet
T 0 BE SOL D,
A LIKELY flout NEGRO MAN, twenty
fl Seven years of age, fit for town or country, and is
rema kabh for his aversion to liquor. ° Enquire cf
J ° HN PATTERSON, Blacfcfm^
TWENTY DOLLARS REWARD;
s^^ AY ED or S TULEN from the fubferiber,
' living in Race-ftrect, near Fifth-ftreet, Philadelphia
the latter end of April last, a small black MARE*
about three years, old, a;d about thirteen hands high:
her mane cat Short on the off fide, a Short switch
trots and canters, newly food before. Whoever takes
up and secures the said mare Jo t^at the owner may
have her again, Shall receive the above reward and rew
fonable charges, paid by
JACOB WINE Y.