The Mirrour — Concord, N.H., 1793-09-02 00:00:00, page 3

Tbs attorn, of the diflria, affifled
by the attorney general of the U. S.\
conduced the prosecution.
Messieurs Du Ponceau, Ingersoll
and Sergeant, appeared in the de
fence.
After the arguments were closed,
Judge Wilson delivered a charge to
the jury, in fubjeas as follows :
This is, gentlemen of the jury, a
case of the firft importance—upon
,our verdia the interests of our mill
ions of your fellow citizens mg be
( said to depend — But whatever be the
}conference, it is your duty, it is our
\ duty, to do only what is right.
He then slated the fubfiance of the
\ charges against the defendant, and
\ proceeded ; —
^ft has not been contended on the
(ent occasion, that the defendant
an, peculiar or exclusive right
ake a part in the pre/ent war be
tepeen the European powers, in rela
tion to all whom the V S. are in a
flake of perfefl peace and neutrality.
Jlf he has no peculiar exclusive
right, it naturally follows that what
be 'may do ever, other citizen of the
U. $ ma, also do —ls one citizen of
the U. S. ma, take a part in the pres
ent War, ten thousand ma, —ls the,
ma, flake part on one fide the, ma,
on Iba other, and thus tboufands of
our fellow citizens ma, aflociate
tbemfelves with different belligerent
powers, defraying not only tbofe with
whom]we have no boflility, but de
flreying each other. In fueb a case
can itoe expert peace among their
friends who ft a, behind ? and will
not a civil war with all its lamenta
ble trains evils be th natural ef
fea?)
" wb<t is right muff be done!
_ imdepe^de, of the con/eqaences, which
—n&nil, fated in order to lay be
fore you the necefa, of ferioufl, con
fining the case cnirufled to you, be
fofte you decide upon it.
)Two principal questions of faEl
bkve arisen, and require your deter-l
taination.
The frit is, that the defendant,
Gideon Hetfield, has committed an
#aa of boflilit, against the jubjeas of
f a power with whom the U. S. are at
! peace : this has been clearly establish
ed by the testimony. The fecoud ob
jefl of iniquity is, whether at that
time Gideon Henfield was a Citizen
of the U. S. ? This be explicitly ac*
knowlelged to Mr. Barker ; and if
be declared true, it was at that time
the leaf of bis thoughts to expatriate
bimfelf.
The question of law coming into
joint consideration with the fafis ;
it is the duty of the court to explain
ibe law to the jury, and give it to
them in direaion.
' It is the joint and unanimous opin
ion of the court, that the U.S. being
in a slate of neutrality, relative to
_ the present war, the ads of boflility
committed by Gideon Hetfield were
an offence hgainft this country, and
_pmijbable by tbe laws of this confer,.
It has been efad by ibis counsel
in tbeir address to you. again, what
law bus be offended ? Tbe answer
is, again, many laws, binding laws.
As a citizen of tbe U. S. be was
bound to a& no part a bicb could in
jure tbe nation ; be was bound to keep
tbe peace in regard to all nations,
with whom we are at peace. Ibis
is tbe law of nations ; not an ex
which had been agitated in the
course of the trial, the judge con
cluded by remarking, that the jury
in general verdi& must decide^both
law and fid, but that 'this did not
authorife them to decide it as
they pleated ; they were as much
bound to decide by law, as the
judges—the responsibility equal up
on both.
;The jury returned about nine on
Saturday evening, and came into
court again about half past ii,
when they informed the court the,
izens of the other.
And the firft article of the trea
ty with Prussia declares that there
shall be a firm, inviolable and uni
versal peace and sincere friendship
between his Majesty the King of
Pruffii, and his fubjeds on the one
part, and the U. S. of America,
and their citizens, on the other.
It may be observed, that the
treaty would not be less fufficient
in relation to the present question,
if " fubjeds" and “ citizens" had]
not been mentioned.l
These treaties were in the moft|
publick, the most notorious exift-|
ence before the aft for which the]
prisoner is indicted was committed.|
The notority may indeed be laid]
to have been greater than that ofl
the general acts of Congress, since
besides the fame mode of publica
tion, they are exprefsiy referred to
in the constitution.
Much has been said on this ocj
cafion by the defendant's counsel,
in support of the national right of]
emigration, but little of it is truly
applicable to the present queftion.|
Emigration is undoubtedly onel
of the natural rights of man. Yetl
t does nor follow from thence,]
that every aft inconsistent with thel
duty, is inconfifteot with the ftate,l
of a citizen.
Nothing is more inconfiftenti
with the duty of a citizen than trea-l
son ; but it is because he still con-1
tinues a citizen; that he is liable to|
)unifhment.l
After some other obfervations]
explanatory of the leaal Drincioals!
lipoft fado law, but a law which was
lin exigence long before Gideon Hen-
Ifald existed. There aer also positive
laws exifling previous to the offence
committed, and exprefsl, declared to
be part of the supreme law of the land.
The constitution of the U. S. has de
clared, that all treaties made or to
be made, under the authority of the
U. S. Iball be part of the supreme law
of the land. I will state co you,
gentlemen, so much of the several
treaties in force between America,
and any of the powers at war with
France, as applies to the present
case.
The firft article of the treaty
with the United Netherlands de
clare!, that there shall be a firm,
inviolable and univetfal peace, and
sincere friendship, between the
States General of the United Ne
therlands and the U. S. of Ameri
ca and between the fubjeds and in
habitants of the said parties.
The seventh article of the defin
itive treaty of peace between the
U. S. and Greatbricain declares,
that there shall be a firm and per
petual peace between his Britanic
Majesty and the U. S. and between
the fubjefti of the one and the cit-
, The said admiral had taken on board
his fleet 37 officers and 1000 men prison
■ ers ofwar, 25 guns, mortars, and a great
'quantity of prisoners.
1 Mr Brown is likewise authorifed
fully to contradid the falfe report of
the defeat of the Spanish army which ap
peared some time ago, in the American
papers.
The flhip Cheefman, in about 60 days
from Amsterdam, arrived at Nrayork, is
laid to bring an account of an important
adion, between the combined armies and
the French, in which the Dutch were cut
to pieces, on or about the firft of June.
This has been circulated as an article of
vast importance, but is surely nothing
more that the battle at Furnu} in which
J Province of Gafconnia, dislodged the
[French army off the eminence on which
[they were placed, and encamped them-
Ifelves thereon ; they beat the French,
land put them to a precipitate flight, and
Ipoffeffed themselves of the town of Sara.
1 They were equally beat back in the
Iprovince of Aragon, when the French at-1
[tempted to enter into Spain —and until
I that date, the only advantage the French
[obtained was the taking of the very incon
[fiderable places of Sarragamundy andl
lUrdax.
I The admiral of the Spanish fleet don[
[Francifcode Borfa, whom his. Catholic[
[Majefty sent to reinstate his Sardinian[
[majefty, (uncle to the King of Spain) in-[
[forms, under the date of the 26th of May,[
[that the islands of Sz Antonio, and St. Pe-l
Iters, which had been formerly taken by[
Ithe French were then in possession ofhis[
Sardinian majesty, and rendered to him[
by capitulation ; that the above admiral!
had captured the Fiench frigate Elena, of|
36 guns, on the coast of St. Peter, andl
the French frigate Richmond, formerly^
belonging to ihe English, was burnt in|
the harbour.r
SIR, .
YOU are authorized to inform the
publick, that the armies of Spain, in Cat
alonia, on the 16th of April, entered
France, by the Province of Rojellou. From!
that time until the 24th of May, they
mad beat the French armies in several en
[gagements, in which the forces were e-
Iqual, and even inferior to the latter :—
[That the Spaniards had taken from the
[French, (by force of arms) the towns of
tCerez and Argeles, together with the vil
lage and fort of Mafdeu, with several piec
les of artillery, ammunition, arms, two
[flags, and killed from 3 to 400 men, 200
[wounded, 280 drowned in the river near
ICeret, and they took above 200 prisoners.
iTh.it the town of St. Lorenee of Crefoim^
[2l villages of the French Cerduria, have]
[furrendered themselves spontaneously to[
[the Catholic armies, with the ringing off
I bells, found of music, and loud acclama-I
Itions of long live the the King of Spain.-
That the 30th of May, the other ar-[
[my in Navarra, entered France, by the]
had not agreed. They were desir
ed to retire again, which they did,
and returned on Monday morning
having delivered into the hands of
Judge Wilson a privy verdict on
Sunday morning, soon after the ad
journment of the court.
One of the jury now expressed
some doubts, which occasioned the
judges feperately to deliver their
fentimencs on the points of law,
adverted to in the charge on Sat
urday evening, particularly as to
the change of political relation in
the defendant, from his having
been some time absent from home,
previous to his entering on board
the privateer, which was mention
by another of the jury.
The jury again retired, and the
court again adjourned. At half
past four the court again met, and
the jury presented a writen yerdi&,
which the court refufed to receive,
as being neither general nor special.
Another adjournment took place,
and about seven, a verdid! of not
guilt,, was delivered.
Pennsylvania.
PHILADELPHIA, August 16.
From a refyeaable Correspondent, to the Edi
tor of the Federal Gazette.
NOTICE is hereby given, that the
personal and real estate of Ephraim
Plummer, late of Bofcawen, deceased,
will be fold, on the 18th of Sept, instant,
on the premises, at 1 o'clock P. M. or so
much thereof as will pay said Plummer's
debts, with incidental charges.
NEHEMIAH COGGSWELL,
Sept. 2, 1793. Executor.
WHEREAS ABIGAIL, the wife of
me the subscriber, behaves in a ve
ry unbecoming manner, this is to caution
all persons against trusting her on my ac
count, as I am determinea not to pay any
debts of hercontrading. .
BENJ. PEARL KENTFIELD. ,
Sandbornton, August 27, 1793. 45
ITHE1 THE
\NewbampJhire MAGAZINE;
[». IP.) For SEPTEMBER, 1793. [% /.
CONTAINING,
I Hiftory of Mons. and Madam du F—.
[Character of Confucius. On making
[CHEESE. The MONITOR. Remark!
[on the manufacture of Wool. A remark
[able instance of paternal Forgiveness.—
I Voyage round the World. Everlasting
[fire in Persia. Consolations on Death.
[Of the origin and progress of Religion.
[Filial Piety—a Story. On civilized Man
[ners. Receipt for making a good Lady.
[An Example of a generous Heart. On
[Marriage. Portrait of a Bachelor. On
[the Fair Sex. On cruelty to inferior An
limals.I imals. Repartee of courit de —. Ameri
can Parnaffiad. Letter to Nancy by her
Lover Jacob. Nancy's Answer. On
Censure, Remarkable infeription on a
Tombstone. A Riddle. The Virtues of
the Book. Snuffbox. The Colledion.
Perilous Adventure. Bob Short's rea
sons for being a Papist.
I'——-'———!!!!! — !^^
the French to be sure, were complete!)
victorious, but of which we have the cir
cumstantial details in our papers, weeks
since.
A letter, however, by this vefftl, to a
merchant in this city, dated June the
18th, mentions, that in an adion near
Mayence, the French had been Victorious,
and the Pruffions loft their General,
Kalkreuth.
By the brig Molly, Capt. Morris, ar
rived here from Madeira, which the left
the Sth July, we learn that on the 3d of
that month a frigate arrived at Madeira, in
nine days from Falmouth, which brought
English newspapers to about the 24th oi
June. These papers contained an ac
count of a very bloody battle having been
fought near Life, between the combined
armies and French forces, which termi
nated to the advantage of the French ;
and it is added, that 17,000 men fell in
the combat.
Capt Morris fays, that this account
was believed at Madeira, and that he
had conversed with several persons who
had seen the papers containing the above
intelligence.
The important and well authenticated
article of intelligence we have mentioned,
is a decree of the National Convention,
excepting the American flag, and the A
merican flag only, from the opera ion of
their decree of May the 9th ; by which
they declared that neutral vessels ffiould
not cover the enemy's property. This
decree is contained in a French paper of
May 23, and was there seen by a refpe&a
ble merchant, who communicates this'
agreeable information to the Fditor.
The Mirrour.
¥— r^±— — — — ^ ======
CONCORD, SEPTEMBER 2.
If\N the 23d of August arrived at Bos
ton, Capt. Loring, in 67 daysfrom
Gottenburg, in Sweden : Aug. 2.. spoke
with the ship Andrew, Capt. Makins,
from L'Orient, 49 days out, who inform-,
ed him, that the Infurreftions in France
were principally quelled ; and that all
was in good order, and the nation in
high spirits.
A Philadelphia Papers of August 14th,
fays, " A Representation of the Prefi.
dent, &e. with a Coffin and Guilotine
was stuck up in Philadelphia, and one
thrown into the Poftoffice; but they
1 weTe -4@<7nt^year^^
Ithem have not been discovered."
Sundry articles omitted for
want of room— Vide our next.
ISeptember 2—THIS DAY PUBLISHED,
And to be fold by E. Russell,