TRIAL OF GIDEON HENFIELD, FOR ILLEGALLY ENLISTING IN A FRENCH PRIVATEER. IN THE CIRCUIT COURT OF THE UNITED STATES FOR THE PENNSYLVANIA DISTRICT. PHILADELPHIA, 1793.** A CHARGE delivered by the Honourable John Jay, Esquire, Chief Justice of the United States, to the Grand Jury impannelled for the Court of the United States, holden for the Middle Circuit in the District of Virginia, at the Capitol in the City of Richmond, on the 22d day of May, 1793. GENTLEMEN OF THE GRAND JURY: THAT citizens and nations should use their own as not to injure others, is an ancient and excellent maxim; and is one of those plain precepts of common justice, which it is the interest of all, and the duty of each to obey, and that not only in the use they may make of their property, but also of their liberty, their power and other blessings of every kind. To restrain men from violating the rights of society and of one another; and impartially to give security and protection to all, are among the most important objects of a free government. I say a free government, because in those that are not free, these objects being in certain respects secondary to others are less regarded, and less perfectly provided for. Where the conduct of the citizens is regulated by the laws made by themselves and for their common benefit, and This prosecution, which has been referred to frequently in the subsequent reports as the earliest case on the subject of the common law jurisdiction of the Federal courts, and which was considered of so much importance by General Washington, as to justify a special meeting of Congress, and by Mr. Jefferson as to require a distinct explanation to the British government, is now for the first time reported. The charges of Chief Justice Jay and Judge Wilson, it is true, were printed by the government for the purpose of explaining abroad the position of the United States, but they have never yet been presented to the professional eye. Fortunately, however, among the papers of the late Mr. Rawle, who, as District Attorney, conducted the prosecution; and those of Mr. Duponceau, who, with Mr. Sergeant and Mr. Ingersoll, were counsel for the defence, the editor has been enabled to discover notes executed by men deriving authority from, and responsible to them, the most regular and exact obedience to those laws is to be expected, re which give an almost complete report of the case. The causes which led to it are best given by the following letters, which were obtained from the same source, and which are now for the first time published. MR. HAMMOND TO MR. JEFFERSON. THE undersigned, His Britannic Majesty's Minister Plenipotentiary to the United States of America, has the honour of informing the Secretary of State, that he has received intelligence from His Majesty's Consul, at Charleston, South Carolina, that two privateers have been fitted out from that port under French commissions. They carry six small guns, and are navigated by forty or fifty men, who are, for the most part, citizens of the United States. One of these privateers left the harbour of Charleston on the 18th ult., and the other was on the 22d ready to depart. The undersigned does not deem it necessary to enter into any reasoning upon these facts, as he conceives them to be breaches of that neutrality which the United States profess to observe, and direct contraventions of the Proclamation which the President issued upon the 22d of last month. Under this impression, he doubts not that the Executive government of the United States, will pursue such measures as to its wisdom may appear the best calculated for repressing such practices in future, and for restoring to their rightful owners any captures which these particular privateers may attempt to bring into any of the ports of the United States. GEO. HAMMOND. Philadelphia, 8th May, 1793. THE SECRETARY OF STATE. SIR: Norfolk, May 5, 1793. WE have taken the liberty, considering it a duty, to give you information of two schooner boats, cruizing off our Capes, as privateers, under French commissions, who are daily chasing vessels bound in and out, to the great prejudice of our trade, and contrary to the law of nations to be chasing and boarding vessels within our territories. One of these vessels is called the Sans Culotte, and commanded by a Mr. Farre, the other called the Eagle; they are about the size of the largest Pilot boats, and rigged as they are, mounting four carriage guns each, and fitted from Charleston. By reference to Captain Tucker's report, you will find how the Sans Culotte is manned; and from report of negro Cæsar, the pilot, the Eagle has but one Frenchman on board her, the others Americans and Englishmen. One of these vessels belonged to Mr. Hooper, of Cambridge, in Maryland. Mr. Hooper is gone with Captain Tucker's vessel to that place, where his father lives, and Captain Tucker says, he understood she was to be laid up in some creek thereabouts. From the circumstance of erasing the name out of her stern, it appears as if some fraud was intended. We are, with the greatest respect, &c., THOS. NEWTON, JR. Captain Lindsay, of the schooner Greyhound, in twenty-three days from Jamaica, reports that he arrived here the 4th inst. That on the day before, about half past 11 o'clock, A. M., he fell in with the Pilot boat Ranger, of Hampton, belonging to Mr. Latimer, who hailed him and asked what vessel he commanded, to which he replied, the Greyhound of Norfolk, (Captain Lindsay having erased the name of the port he belonged to, and substituted Norfolk,) and added, that he was from St. Eustatius, upon which Mr. Latimer gave information to a small schooner privateer, at not more than twenty-four yards from them, and not a half mile from Cape Henry: by this deception, Captain Lindsay supposes, he escaped being taken. Captain Tucker. of the schooner Eunice of New Providence, reports that he was, on the 29th last month, taken by a privateer schooner, called the Sans Culotte, commanded by Captain Farre, in the latitude 36, in 27 fathom water. That after being in possession of the privateer, the name of his schooner was erased from the stern, and a Mr. Hooper, of Cambridge, in the State of Maryland, was put on board as prize master, and he understood she was to be carried there and laid up in some creek, and that Mr. Hooper was to go to Philadelphia on some business. That whilst he was prisoner, both the privateer and the prize came into Hampton Road, and lay in Hawkin's Hole part of two days and two nights, and quired and rendered. By their constitution and laws, the people of the United States have expressed their will, and their will so expressed, then sailed out on a cruise. He says that a Major-General, of New England, was on board the privateer, and acted as a marine officer, and a lieutenant in the absence of Mr. Hooper. Mr. Hooper owned the schooner Eagle, and plied from this to Georgia and Charleston as a packet. She was fitted originally from Cambridge. From every circumstance, Captain Tucker was of opinion, they would take vessels in the Bay of Chesapeake, as they lay along side one all night, but she proved to be an American vessel. SIR: MR. JEFFERSON TO MR. RAWLE, ENCLOSING THE ABOVE. Philadelphia, May 15, 1793. By the enclosed papers, you will perceive, there is reason to believe that certain citizens of the United States, have engaged in committing depredations on the property and commerce of some of the nations at peace with the United States. I have it in charge to express to you the desire of the government, that you would take such measures for apprehending and prosecuting them as shall be according to law. I am not able to point out to you the individuals against whom suggestions have been made, but take the liberty of referring you to Mr. Deblois and Mr. Sharpe Delany, who may give you information on the subject. I am, with great esteem, sir, Your most obedient and Most humble servant, TH. JEFFERSON. MR. RAWLE. MR. RAWLE TO MR. BAKER. SIR: I HAVE received information that a citizen of the United States, named Gideon Henfield, late of Salem, Massachusetts, has arrived at this port in the quality of an officer of a priva teer, lately fitted out in Charleston, So. Carolina, on board a British vessel, taken as prize by the said privateer. As I have received orders to prosecute, in every instance, those who commit breaches of the neutrality, declared to exist on the part of the United States, during the present war be tween the European powers, it is my duty to request, that you will be pleased to summon Mr. Lewis Deblois to appear before you, and if he verifies the above information upon oath, to issue your warrant for apprehending the said Gideon Henfield, in order that he may be dealt with according to law. 17 May, 1793. Yours, &c., W. RAWLE. nommé le The following paper was certified from the Department of State to be used on the trial. Marine Française.—Liberté, Egalité.—Au nom de la République Française. Le Conseil Exécutif provisoire de la République Française permet, par les présentes, à de faire armer et équipper en guerre un du port de tonneaux, ou environ, actuellement au port de , avec tel nombre de canons, boulets, et telle quantité de poudres, plombs, et autres munitions de guerre et vivres qu'il jugera nécessaire pour le mettre en état de courir sur les pirates, forbans, gens sans aveu, et géné. ralement sur tous les ennemis de la République Française, en quelque lieu qu'il pourra les rencontrer, de les prendre et amener prisonniers avec leurs navires, armes, et autres objets dont ils seront saisis, à la charge, par ledit de se conformer aux Ordonnances de la Marine, aux Lois décrétées par les Représentans du Peuple Français, et notamment à l'arti cle IV. de la Loi du 31 Janvier, concernant le nombre d'hommes devant former son équi page, de faire enregistrer les présentes Lettres au Bureau des Classes du lieu de son départ, d'y déposer un rôle, signé et certifié de lui, contenant les noms et surnoms, âge, lieu de naissance et demeure des gens de son équipage, et à son retour, de faire son rapport pardevant l'Officier chargé de l'Administration des lasses, de ce qui se sera passé pendant son Voyage. Le Conseil Exécutif provisoire requiert tous Peuples, amis et allies de la République Fran must sway and rule supreme in our republic. It is in obedience to their will, and in pursuance of their authority, that this court is now to dispense their justice in this district; and they have made it your duty, gentlemen, to inquire whether any and what infractions of their laws have been committed in this district, or on the seas, by persons in or belonging to it. Proceed, therefore, to inquire accordingly, and to present such as either have, or shall come to your knowledge. That you may perceive more clearly the extent and objects of your inquiries, it may be proper to observe, that the laws of the United States admit of being classed under three heads of descriptions. 1st. All treaties made under the authority of the United States. 2d. The laws of nations. 3dly. The constitution, and statutes of the United States. Treaties between independent nations, are contracts or bargains which derive all their force and obligation from mutual consent and agreement; and consequently, when once fairly made and properly concluded, cannot be altered or annulled by one of the parties, without the consent and concurrence of the other. Wide is the difference between treaties and statutes-we may negotiate and make contracts with other nations, but we can neither legislate for them, nor they for us; we may repeal or alter our statutes, but no nation can have authority to vacate or modify treaties at discretion. Treaties, therefore, necessarily become the supreme law of the land, and so they are very properly declared to be by the sixth article of the constitution. Whenever doubts and questions arise relative to the validity, operation or construction of treaties, or of any articles in them, those doubts and questions must be settled according to the maxims and principles of the laws of nations applicable to the case. The peace, prosperity, and reputation of the United States, will always greatly depend on their fidelity to their engagements; and every virtuous citizen (for every citizen is a party to them) will concur in observing and executing them with honour and good faith; and that, whether they be made with nations respectable and important, or with nations weak and inconsiderable, our obligation to keep our faith re çaise, et leurs agens, de donner audit toute assistance, passage et retraite en leurs ports avec sondit vaisseau et les prises qu'il aura pu faire, offrant d'en user de même en pareilles circonstances. Mande et ordonne aux Commandans des Bâtimens de l'Etat, de laisser librement passer ledit avec son vaisseau et ceux qu'il aura pu prendre sur l'ennemi, et de lui donner secours et assistance. Ne pourront, les présentes, servir que pour de leur enregistrement, mois seulement, à compter de la date En foi de quoi le onseil Exécutif provisoire de la République, a fait signer les présentes Lettres par le Ministre de la Marine, et y a fait apposer le sceau de la République. Donné à Paris le République Française. Pour servir remodel. (Signé.) COTTRAU. jour du mois d Department of State, to wit: I hereby certify, that the aforegoing is one of the blank forms of commissions, issued by the French Republic, communicated to me officially by the Minister of France. In testimony whereof, I have caused my seal of office to be hereto affixed. Given under my hand, this first day of June, 1793. TH. JEFFERSON. sults from our having pledged it, and not from the character or description of the state or people, to whom, neither impunity nor the right of retaliation can sanctify perfidy; for although perfidy may deserve chastisement, yet it can never merit imitation. 2. As to the laws of nations-they are those laws by which nations are bound to regulate their conduct towards each other, both in peace. and war. Providence has been pleased to place the United States among the nations of the earth, and therefore, all those duties, as well as rights, which spring from the relation of nation to nation, have devolved upon us. We are with other nations, tenants in common of the sea-it is a highway for all, and all are bound to exercise that common right, and use that common highway in the manner which the laws of nations and treaties require. On this occasion, it is proper to observe to you, gentlemen, that various circumstances and considerations now unite in urging the people of the United States to be particularly exact and circumspect in observing the obligation of treaties, and the laws of nations, which, as has been already remarked, form a very important part of the laws of our nation. I allude to the facts and injunctions specified in the President's late proclamation; it is in these words: "Whereas, it appears that a state of war exists between Austria, Prussia, Sardinia, Great Britain, and the United Netherlands of the one part, and France of the other, and the duty and interest of the United States, require that they should with sincerity and good faith, adopt and pursue a conduct friendly and impartial towards the belligerent powers: "I have, therefore, thought fit by these presents, to declare the disposition of the United States to observe the conduct aforesaid towards these powers respectively, and to exhort and warn the citizens of the United States, carefully to avoid all acts and proceedings whatsoever, which may in any manner tend to contravene such disposition. "I do hereby make known, that whosoever of the citizens of the United States, shall render himself liable to punishment or forfeiture, under the law of nations, by committing, aiding, or abetting hostilities against any of the said powers, or by carrying to them those articles which are deemed contraband, by the modern usage of nations, will not receive the protection of the United States against such punishment or forfeiture: and further, that I have given instructions to those officers. to whom it belongs, to cause prosecutions to be instituted against all persons who shall within the cognizance of the Courts of the United States, violate the law of nations, with respect to the powers at war, or any of them." By this proclamation, authentic and official information is given to the citizens of the United States: That war actually exists between the nations mentioned in it: That they are to observe a conduct friendly and impartial towards the belligerent powers: That offenders will not be protected, but on the contrary, prosecuted and punished. The law of nations, considers those as neutral nations "who take no part in the war, remaining friends to both parties, and not favouring the arms of one to the detriment of the other;" and it declares that a |