The enquirer. [volume] (Richmond, Va.) 1804-1815, 1812-04-28

they we're natural enemies This matter was stated
as ground az challenge, and demnrred to by the
Attorney General, Who maintained that there could
be nosueh thing rs natural enemies among men, q
particularly among christians, who were commanded
to love another. That nations were mostly u,
war from the ambition Of princes, and not any natu-
raj QUARREL that after whole years oil devastation
and bloodshrd, when there is no more Of men or
money TO be expended, peace is restored by inter-
marriage of the princes, and then they all COM
mandcd to be friends, and love each other. Forth
prisoner it said, that ii that were the gem
orally, the present between the two principal
bciserents, tended to extirpStion, utter subec-
tion II lett to the triors, and found that he was
not IN Indifferent juror.
The next Mr.. Ignatio De Silva, q Portuguese
merchant. The prisoners counsel seemed willing
that he should be sworn without objection, but the
prisoner himself insisted that he should not. He cx-
claimed against the laws, and the ndigniti,s he had
received, and protested against being tried by pa
pists Of any country. He said he was born pro.
testant and a loyal subject OF King George of En-
gland, where dog would as sOOnbe seen on ajury
rs papist.
The court gravely reprehended the prisoner, say
ing that his words sounded strange and without
Mug, for what reason was there, that man might
not worship God in his own way, and yet be good
juror
The Attorney General said he was aware how
many and great p,ejudices still continued to hang
upon the Europeans, and particularly the nation oil
the prisoner, he often engaged in civil, as welA as
foreign wars upon the strength OF them. But he
could see that there not SO much folly
IN these objections as of design--for the object
seemed tobe to exhaust the panel, particularly the
aliens by frivolous challenges, and then to pray for
tales of by-standers. \And it was not for nothing
that every time the prisoner came to the bar, the
same collection of foreign merchants, and editors
OF newspapers from Boston, Philadelphia, New-YorlS
and Passamaquoddy, crowded about him, aud filed
up the court.
The prisoners counsel took Arc at this, and there
both, ,irb
well excused in not setting down in this my re-
port, when such things fall cut from the zeal and
warmth of counsel, it is more for the honor & pro-
hit ofthe profession, that they should be forgotten
than remembered.
The next Juror called to the book was Mr.. STAN
islais Sobroawousky, native of Warsaw. The pri-
soners council willing to set him aside, very arully
and ngeniousiy touched upon the mas sacre of Pra-
ga, and the partition OF Poland by the treaty OF
Pilnitz. The Juror who was before OF mild and
detected aspect, like who bore load of sorrow
in his breast, broke ost into rage, and before he
csuld be QUOTED, related how the streets of Praga
with the blood OF helpless and dctenceless old
men, women, and children that the pumps for ma
ny days drew it up out of the earth, ard the gut
tiers ran full of gore that those who hid, were
smoked with wet straw burhedin the cellars, till try
ing to escape by the door windows, they were re-
ceived on the bayonet point. He was asked if he
did not blame and hate the whole nation OF the En-
glsh, because their King party to that treaty
He answered that no honest man could do otherwise
particularly Pole.
II was argued he could not be an Indifferent juror
in this ease, where the prisoners defence was the
commission and authority ofthe very power which
he held in detestation because of That massacre, &
he set aside.
The next alien who was challenged for favor. was
Mr.. RosencratZ, a merchant of Copenhagen. He
had lost his wife and daughter by the coniagration
Of his house, * his only son was killed by the burst
ing of she'll, at the bombardment of that city by the
English. Ii was proved that he said some time ago.
in speaking of Fulton's Torpedocs, that he wished
they could blow up every ship in the English navy
for that he knew OF no greater scourge OF humanity
and that he had often said that Captain Humphrie
should be hanged by the laws of war, for attacking
the Chesapeake, that Captain Whitby deserved hi
fate, & that all kidDaPpers, b!ockaders, bonbarders
and other pirates should be hanged, without mercy
He set aside, although allowed by all to be a
just and upright man, and OF very high estima
ton.
The Attorney General said it it were true, tina,
the British we're the enemies of all other nations n
the indictment stated, hosteS human geneTis, s
if it was allowed as an objection to the honest sub
ects citizens of every nation that they loved the
own country, and bore resentment against theii
oppressors, the prisoner must be tried only by the
abettors of wrong, or accomplices in crime.
The prisoner challenged many of the aliens
for cause, or reremptory, that there defect
in the panel for want OF sufficient number of ali
ems, and his counsel then prayed tales who should
all aliens. This was at first opposed, as the tale.
reference to the Case of Sir julius Cesar Phi
lip Corsin, Gro. Eliz sos, it was ruled otherwise
The Attorney General now prayed, that the mar
shall should be instructed to be careful in returning
the aliens, not to take such as he might find imme
diatey about the prisoner, but rather TO go the
ermost part, where the modest kind of per-
sons were TO be found. Upon this being said, mum
Der went out, and the crowd that was before a
bout the prisoner disappeared, and some of the
same, but indeed not many, were afterwards return
ed upon the panel;
The first of these new returned aliens was, q Mr.
Sly. He was asked of what country and calling he
was, he said he from Glasgow, and acted as an
agent for house in London. There was no obJec
ton to him the part of the prisoner, but he wal
chalengedby the Attorney General. lie asked
for "!:a. h;:se III concernc anu
swered evasivey. He asked if it house in
Wbiteblll meaning perhaps that he might be en-
ployed by the treasury, he declined to answer. and
witnesses called, but the counsel thought
fit TO admit the challenge, as they said to save waste
of time.
Another juror was challenged by the public pros
ecutor, and il was proved that he was an editor of
newspaper called The Spirit Of WashiHston, and
under that title had written many things in favor OF
the rights of impressment by the British navy, that
hanged, it would be murder in the jury and all con-
cerned, and tliey would suffer for it, He was Of
course set aside.
In this manner two more were challenged, & when
they were all nearly gone through the prisoner took
perempt0Ty challenges to those Jurors already swOr
to make up his number of twenty peremptoIy clal
Ienges 1t was doubted at first il he could challenge
those already, but upon looking into the year
books, so Henry 6, &c (b) Ii Hen. z, 10 (a) it
found to be good law. And it was necessary now &c
award another tales, which done. And after di
vers objections and most points raised OH side
and the other, a jury was sworn.
have been so far minute and particular touching
those niceties in challenging ofurors, the like where