Newspaper Page Text
LAW.
MR. WIRT.
Mr. Coale, of Baltimore, has published a pamphlet report
of the trials of the Mail Bobbers, Hare, Alexander, and
Hare, in May last. Mr. Wirt spoke twice on the tri
als in chief; the first time on the case of Joseph Thomp
son Hare ; and next, on that of John Alexander. His
speeches are not given in full—but, even in these bnet
sketches, we meet with sonic passages which int
cst us. They breathe the same ease, s.mplicity, and
beauty of expression, which Wc were wont to admire m
his more finished exhibitions. The book is notme\er\
hand—and the following extracts may therefore serve
to amuse many of our readers.—BiehmondCompiler,
CASE OF J. T.'llAUE.
«• Mr. Wil t admitteil that lie hail mistaken the
gentleman. The popular indignation, however
of which the gentleman complained so vehement-
ly, was certainly very natural, and he would add
very honorable. It was the indignation of a nr-
tuous people against a most flagitious and daring
offence. He hoped never to see the day when
the recital of sttcli a crime would be heard with
composure bv the American people. It would
be a motiriifu! proof that our moral sensibility
was gone At the same time he should regret,
extremely, that the indignation of the Juiy a-
gainst the offence, should mingle itself with
rtf* ♦!»« v 1 ilitp.p. against the
their examination of the evidence against the
person here accused ; for it did not by any
means follow, that because the offence was enor
mous the prisoner at the bar was the person
guilty of it. He was to be tried by the judgment,
not by the passions of the jury ; he was to be
tried by th" evidence, and not by their feelings,
either of indignation or of mercy, for mercy
was not as the gentleman had alledged, the pre
rogative of the jury : mercy towards criminals
was the prerogative of the President ot the U-
nited States ; to him, under our constitution,
and to him alone, belongs the power ot reprieve
and pardon. The jury had sworn to try the
cause according to the evidence : to whatever
conclusion, therefore, the evidence conducted
them, that conclusion was to be their verdict;
they had no alternative—they could make no com
promise with their consciences ; they had only to
discharge with inflexible firmness, that duty which
the laws of their country had confided to them,
and when the question of mercy came before the
president, there could be no doubt, that he would
discharge his, with equal fidelity. M hen that
question shall come before him, if ever it shall
come, he will remember that mercy, however
amiable in itself, degenerates into weakness and
even into guilt, where it i* improperly directed.
He will remember, that there is a mercy due to
society' as well as to individuals ; that the piopei
object of mercy, is either suffering virtue, or pen-
itent guilt; penitent guilt, which presents a well
founded hope of reformation ; he will remember
that a penitentiary is not always a place ol re-
pcntence, that there have been persons who
have been once, twice, thrice and four times
sentenced to that species of confinement to
whom it lias proved no school of reform, who
have applied the hours of their solitude to no
other purpose than to sharpen their wits in pro
jecting new schemes of rapine, and who have
come forth into society, only the more hardened
in guilt, and the better prepared to carry on
their depredations on a broader, bolder and more
daring scale. There are such men—we do not
say that the prisoner is one, but there are men,
we all know, so perfectly dead to every touch of
virtuous feelings, so obdurate and stubborn in
guilt, and so perversely proud of the success ot
their crimes, as to set at naught, all obligations
human and divine, and to laugh not only at the
whip of the law, but even at the thunder uf Hea
ven.—What mercy would there be to the virtu
ous part of society, in letting loose upon them,
men (if such monsters can deserve the name ol
men) of this description ? These remarks, he
said, were drawn from him against his purpose,
bv tl e ■unexpected course pursued by the gentle
man to whom he was replying. Adverting a-
gain to the instruction prayed for, he said the
question before the court was simply, one of
law ; that the counsel for the prosecution then
embodied their construction of the act, in the
prayer which they had addressed to the court;
that they sought only to relieve the jury from
the perplexity of alegal enquiry which they could
nof be supposed to be so competent as the
court, and that they should be perfectly satisfied
with any instruction as to the law, which the
cou.t should think proper to give the jury. The
court woald observe that there were three counts
in the indictment; the two first of which em
braced the construction given to the act, by the
counsel for the prosecution, the third count, was
founded on that construction, which was advo
cated on the other side, so as tb leave the jury at
liberty under the construction of the court, to
find the prisoner guilty under either ol all the
counts, or not guilty at all, according to their
view of the evidence, and as I do not propose to
address them, 1 will only add that whatever ver
dict they can reconcile to their consciences, will
be satisfactory to us ; content, as we shall be
with having done our duty.
JOHN ALEXANDER’S CASE.
Mr. Wil t had not intended, to address one
word to the jury—he had no inclination to put
their precious time in jeopardy, by the use of
that dangerous weapon, the tongue. He was ra
ther too old to -peak for display, and too humble
to hope for success, if he should attempt it; as
to tire multitudes who have been said, to have
hung in transport on his tongue, he had the mor
tification to acknowledge, that if such multitudes
ever existed any where, but in the imagination
of the young gentleman, who had made the re
mark, they must have been easily transported in
deed. For my own part (said Nlr. IV irt) 1 have
never seen them, and after I have made but a
few observations, those Who hear me, will readily
discover the remark to have been unfounded. The
gentlemen have told you, that they are volunteers
in this cause, and if the honor of volunteers is
to he measured by the desperation of the cause,
in which they embark, the gentlemen deserve as
-rich a wreath of laurels, as ever graced the brow
of the bravest of the knights of MaUa. One of
the gentlemen had paid a compliment to his un
derstanding, at the expense of his sincerity.—
Mr. Wirt, was Frenchman enough to thank the
gentleman, for the bright side of his remark,
hut lie must rake leave to disclaim the other. In
a case involving life, Mr. Wirt observed, he was
not disposed to do violence to his own feelings,
in the discharge of official duties, nor wasthei e
any official duty in the case which called for such
a sacrifice. He was the agent ot government, it
was true; but of a government not disposed il
legally to take the life ol an individual, the
case before the jury, Mr. Wirt continued, was a
most atrocious one. The jury should consider
themselves the trustees of the lives and property
of the community on the one hand, and ql the
life of the prisoner on the other—all considera
tions of feelings, therefore, were at least balanc
ed ; and the case was left to rest where their
oaths had placed it—on the evidence—-It the tes
timony does not cover the case, the jury were
bound to acquit the accused. If it does covei
the case, their oaths, and their duty bind them
to find him guilty. Mr. Wirt observed, that one
is never too old to learn something new such lie
found to be his case in the present instance, lie
had always understood, and vvherever he had
practised, he had found it to be so understood,
that the judges of a court were the judges of the
law, and were to instruct the jury upon the law.
Certain it was, there was no more perplex and
obscure science in the world ; one, for the accom
plishment of which, the incubations uf twenty
years were required, and then the student was but
a sciolist in his profession for instruction to the
jury on the law, he had always been in the habit
of applying to the court; tor this the court (gene
rally composed of men learned in the law ) was in
stituted. He was surprised to find in these cases
the gentlemen had adopted a cu'urse ol proceed
ing, altogether without precedent. On Saturday,
the gentlemen adressed tliejury through the court
—to-day they have reversed it, and have addres
sed the court through the jury; Hut Mr. Wirt
presumed every tiling is allowable in war. Mr.
Wirt said, that he would now enquire, whether
this case came within the latter clause ot the law,
so as to make the offence capital, lie observed
t at the prisoner’s voluntary confession was good
evidence against himself. He enquired, what
was this case f It appeared by the confession ol
the prisoner, that this affair was planned in Phi
ladelphia, to rob the mail, and it necessary in
effecting it, to take the life of the driver—they
arrest him on the highway—proclaimed them
selves “ highway robbers, armed with pistols and
dirks.”—It is asked if they meant to use them ?
The prisoner answers the question in the affirm
ative. These are, in brief the facts—and unable
to assault this fortress of facts, the gentlemen
have directed their battery against the law. llow
do tliev do it ? By addressing the court—no they
do not choose to take that course—they prefer
addressing the jury on tne law—they purposely
turn from the court and address the jury upon the
law in the case. Mr. Wirt asked tliejury, if they
would consult a carpenter, upon the best style ol
a cotillon, or a dancing master on the building ol
a house; if either of the gentlemen ot tliejury
wanted a legal opinion, would they go to the
merchant or farmer, or would they on such an
occasion, as the present, resort to any other
source of information, than the bench, legally
and constitutionally organized to advise them ;
they would not apply to him, or the gentlemen
concerned on the part ot the prosecution, nor
the gentlemen engaged fur the prisoner—because
{0 afford facilities in the practice, and compel
it's observance. . „ , . .. .
Prussia—lhe Prussian flag has been altered
by a cabinet order at Berlin. In future, it is to
consistof three bands without an eagle. I he
two outer band* to be black, and the middle
band white. ,, ,
Sweden. An article from Stockholm states
that from the 1st of April this year, the annual
appanage of the king is fixed at 320,000 bank dol
lars, (formerly 270,000) besides the hereditary
annuity of 200,000 bank dollars, for the liquida
tion o’f the foreign debt. That of the crown
prince is fixed at 100,000 bank dollars.
Denmark.—Jl queer story. Copenhagen, July
4.—country lad, of the neigburhood of Aar-
liuns, having laid himself don n lately in the field
to sleep, a snake crept into his mouth which was
DOMESTIC.
open, and descended * n W his stomach ; and after sa j, ing Master Quin, in a boat of theTetJ
having remained there for some days, it came
an-ain alive by the same way it had entered. Last! .P 1 ,
Pirates—We learn that the two in 8uri .
companies in tins place nave sustained a In
more than 40,000 dollars in consequence of S fl
robbery of 72 slaves out of a vessel f rora l 1
Chesapeake by a piratical boat off the Berry 11
ands. This is only a solitary example of the '
jury inflicted on the commerce of N. Orleans W 1
the numerous picaroons which swarm in theG if
of Mexico, the West India seas, and alone t]
Atlantic shores of Florida, It has lately ^bee !
ascertained that there is a baud at Galvezt m I
which exists by piracy and smuggling. 0ne°rf I
their cruisers commanded by Lamaison u!
brought into the river a few days since bv th.
Firebrand ;—at tire same time an open boat, win
the noted Peter Lafitte on board, was bromAtt
i i: . i—. .<•
It has been reported that I
number ol
was 8,o 89.
Switzerland.—An article dated at Lausane,
May 19, says—A lake, that has been lately form
ed in the valley de Hague, in Valais, threatens
with incalculable loss all the neighboring country.
This valley
chier. orcscnts <i verv nurrow piiaaufiL) Lwimuan-i . , r .1 • . .. . , •
de Untie south by the side of Mauvmisni, which! g™? ! ld . e of the commumty it is I amenta
offers an extremely rapid declivity, and on the that the,rnicans are inadeqatetoaffordcoinpl*
distrust-
e suspect that it has been put in circulation for
the purpose of lulling the vigilence or theofficen
’ who have been sent in pursuit of them by Con,
' modnre Pnttci son.
Wlnl-t the singular activity of the naval i
;ulable loss all tne neigiiuoring country.
y, about five leagues above St. Bran- c , ers on this station ... pursuing «nd capturh,
seats a verv narrow passage, comma.,-1 these maruders, entitle t\iem to the respect aj
north by Mount Ploureur, which lias a much
greater elevation. The lower part of the latter
presents a line of rocks of about 500 feet in
height, surmounted by the vast glacier of Uhe-
ilioz, which mounts by stages to the very summit
of the mountain.
From this glacier, enormous blocks of ice fre
quently detach themselves and fall into the val
ley; where they are accumulated against the line
of rocks over which they precipitate themselves
in cascaues. The bed of the Drauce is complete
ly concealed, and this river, formed by the wa
ters of the more distant glaciers, appears below
this mass of ice and snow. These masses of ice
have singularly increased since 1815 The kind
of vault, or of natural gallery, under which the
Drauce on*e,found its passage, was closed up
during the last winter, and file waters finding no
passage, have accumulated behind the arrier of
ice, and now actually form a considerable hike.
The barrier traverses the breadth of the .alley
and rests upon the opposite sides of the two I
mountains. Its length measured in tne higher
protection to the coast. To accomplish that oh.
ject would require the naval force at present n
this station tube more than doubled. W'ithhalf
a dozen small fast sailing schooners at the ditpa.
sition of Commodore Patterson, it is nut hazard-
ing much to say that in two months the I
places of this banditti would be broken up, theu I
vessels taken or driven away, and the navigation
between N. Orleans and the Atlantic porta be-,
come as safe as it ought to be, and as it istliei®.
perious duty of the general government toren.
der it.—Orleans Gazette.
The Fisheries.—It will he seen by an article# |
this evening’s p.iper, dated Halifax, that an A*
niericnn fishing vessel called the N abby, has ben I
formally condemned by the. judge of tlie courtaf
vice admiralty there, and delivered over to tie
principal officers of the customs for sole ami dm
ti ibntion according to law; the ground of tin
condemnation was an infiaction of the BritiA
laws of navigation and trade, in taking fi-h ot |
the coast of Newfoundland.
The same ncmpi.
part, is about 500 feet, its breadth, taken at the j per informs us that the decree of the judge ill
base, is at least 900 feet, and its height, at the j stains from denying the right of the UnUed Stafa
lowest part near the side of Mauvoisin, is about
220 feet, hut it is much more considerable on the
side of Monnt Pleureur. The lake, on the 14th
instant, was 7200 leet in length, .about SCO in
breadth, and in ijs greatest depth 180 feel, and
the waters are daily augmenting. On the LOtli
and 1Xth uf May, they increased 8 inches in 24
hours. The government of Valais have wisely
ordered measures of precaution to be taken in
the places most exposed to danger. These mea
sures, which are alone practicable in the existing
state of things, consist in cutting a passage, a-
bout 50 feet down the snow of the lake, that time
may be had to effect this work before the waters
rise to their height.
ke fish on the Grand Bank of N'evvfmindy,
the Gulf of St. Lawrence, and all other plies
in the sea. Does it indeed ? Truly ive are us-
der particular obligation that the maritime coots
of Great Britain do not interdict us from then* |
of the great highway of nations; that they di
not decree that the open sea is appropriated It !
her own exclusive benefit.
As to the ground Great Britain has now at-
sumed for the justification of her late seizure!
and condemnation of our fishing vessels, views*
lure to say that what appears a sufficient jastifi-
cat on in her own eyes, will be regarded in a ve
ry different lijit by the American government
The following is the opinion of Mr. king, oil
late occasion, as expressed in his own language.
As regards the fisheries, those of the ocean,
Turkey anil Russia.—A dispute exists between
.... B w... r those two powers respecting the sovereignty of w
they*might be considered as interested, and not the Turkish provinces of Moldavia and Walla-j not within the territorial limits of any natioB,
impartial. But they would seek the opinion and I cilia. Alexander wishes to “deliver” them to are free to all men who have not renounced to
instruction of the bench, specially constituted j himself; the Porte desires to retain them as his rights: those on the coast, and bayMif the pn-
to expound and execute the law of the laud.— “legitimate” possessions—and has levied two
The gentleman first up had paid a compliment to' millions of piasters on the former,
the legal understanding of the jury, to whom he I East Indies.—We have details shewing that a
ban explained the law in the case, in the Spanish, verv extensive war rages in India. T' e natives
.. 1 . . .. ■ I LI .1.1 I n . I . I I il .... I II I r_ . I
the French and the Latin languages. He would
endeavor to do it in plain English, he deemed it
the best. The gentlemen contend, that the pre
sent case is not rubbery at common law, &, admit
the first clause of the section, covers the common
law description of robbery. W hen a term is us
ed in our statutes, which is not explained, and
which is a common law term, we must resort to
the common law, to explain its meanings.
FOKEIGN.
Spain.—Five citizens of the United States,
captured under the patriot flag, were lately bro’t
to Cadiz. It was expected they would be sent
to Ceuta. On the 10th ult. a squadron of three
sloops of war and two armed schooners, arrived
at Havana from Campeachy, with the cargo ol
the Spanish frigate Eligenia, consisting of 1,914-
912 Mexican dollars ; 11 bars of silver, weighing
1490 marks; 158 seruons of cochineal, and a
quantity of brilliants. Ferdinand VII. has issu
ed a definitive edict against the Spanish exiles
who had served in the cause of Bonaparte, banish
ing from the country all those who had acted in
any department umler the usurper, as counsel
lors or ministers; and military officers, to the
rank df captain inclusive.
Late accounts from Russia mention that the
emperor regretted extremely that the vessels dis
posed of to Spain did not prove good, and blam
ed the surveyors—and had determined to present
Ferdinand with two good ships of the line as an
indemnity.— Host. Pal,
J\'etlierlanas.—The court of cassation at Brus
sels, in an extrordinary sitting on the 29th July,
decided in the appeal ot lord W ellington against
the sentences passed by the tribunal at Ghent in
favor of the editor of the “ Journal of East and
West Flanders.” After a discussion of 4 hours,
the court annulled the decision of the tribunal of
Ghent, and declared that the article inserted a-
gainst his grace bore the character of calumny.
The court condemned M. de Busscher, the editor,
to one month’s imprisonment, to the interdic
tion of his civil rights for five years, to a
fine of 25 florins and to the costs of the two tri
als, instead of damages. Five hundred copies
of the sentence may also be printed at the ex
pense of M. de Busscher, in whatever part of the
kingdom the duke of Wellington shall please.
Germany.—The king of Wurtemburg has issu
ed an important decree respecting vaccination-
fight desperately, and though generally defeated,
soon rally and fight again.
Greenland.—Four hundred and fifty square
miles of ice have recently been detached from
the eastern coast of Greenland and the neighbor
ing regions of the Foie This mass had render
ed that coast inaccessible for 400 years, but at
present they can penetrate without obstruction
as far as latitude 83. “ This breaking up of the
Polar ices,” says a letter from Copenhagen “ ac
counts for the continual tempest from the south
east, with heats, storms, and a very electrical
state of the atmosphere; which, during three
years, have caused us in Denmark to experience
hot winters and cold summers.”
JCew-Holland.—A discovery has been mad
New-South Wales, which must materially allect
the future advancement of that colony. “ A ri
ver of the first magnitude,” ljps been found it
the interior, running through a most beautitu.
country, rich in soil, limestone, slate and good
timber. A means of communication like this,
has long been anxiously searched for without
success,and many began to entertain an appre-
hen-ion that the progress of colonization in Neiv
Holland would be confined to its coasts.
It is stated, on the authority of letters from
Sicily and Naples, received at Madrid, that
Charles iv. is actually making preparation to
claim the Throne of Spain, at the approaching
Congress of Sovereigns in Europe. The most
pro'idnent fact upon which he relies for a re-pos
session of his kingdom is, that he was unjustly
deprived of it by the fury of the mob at Aran-
juez, and compelled by violence to abandon it—*
He has been urged to take this step by several
persons, but whether of distinction or influence,
is not mentioned, who have been seat to him from
Spain
vitices, conquered in America from France,win
acquired by the common sword, and min»M
blood, of Americans and Englishmen: membert
of the same empire, we with them, had a coo-
mon right to these fisheries ; and, in the Him
sion of the empire, England confirmed uur tide
without condition or limitation—a title.
irrevocable with those of our boundaries or B' |
dependence itself.”—JV*. I’. Evening Post.
Mobile, September 11.—We learn from a p 1 '
tlenian, who we know incompetent to deceit*
us, that the late Spanish governor Masot,«
Pensacola, previous to his departure for Havana,
addressed a letter to the brave and courtly Col
onel Brook, then in command at Pensacola,#•
pressing his decided approbation of the c° n ™
of the commander and the Aineriran.ariny to"'
and those under his command, subsequent J°
surrender of the post at the Barancas.
joice to hear this, as from a very respects
source, we once learnt that very different hop 1 *’
sions prevailed, and although we promulgated
rumor ol the day, we at the same time equ*
ed our disbelief, and subsequently publish®
contradiction. We do not know Colonel *«
personally, but from the information of jyu.
who are seldom deceived, we are bound to
lieve that it is not in his nature to treat s
improperly, s'i'l less a conquered enemy s
ject to his contruul.
Death of Col. Daniel Boone—As he lived »
he died, with his gun in his hand.
for.ned, by a gentleman direct from Boones
tlement on the Missouri, that early in 1»«®® J j
col. Boone rode to a deer lick, seated In ^ |
within a blind raised to conceal him * rl j in •,
ealed,
ltd*
COPARTNERSHIP DISSOLVED.
rj^HE copartnership heretofore existing be-
JL tween the subscribers, under the firm of P.
& B. Stoutenburgh & Co. is dissolved by mutual
consent. All demands will be settled by P. B.
Stoutenburgh, by whom the business in future will
be conducted.
i>. H. STOUTENBURGH,
K. WEST.
September 2.
JOB PRINTING,
Of all kinds, done at the Office of the ‘ Ilefieetor
game. That while sitting thus cone
his old rusty rifle in his hand, pointed to'
the lick, the muzzle resting on a log, nn » c
the breach of his gun, his rifle cocked, nis »
to the trigger, one eye shut, the other jr
along the barrel through the sights—m *Pj
tion without struggle or motion, ami ol
without pain, he breathed out Ins last so g ^
that when he was found the next u.ay J' jj
friends, although stiff and cold, lie look*® . ^ I
alive, with his gun in his hand, just in the .
firing. It is not altogether certain, il » j
had come into the range of his gun, w ^
been the death of thousands; but it mign ,
intuitively obeyed its old employer s . m ‘ B “ #e | (
discharged itself. This hypothesis being
weleave the solution to the curious.—W IC \