The reflector. (Milledgeville, Ga.) 1817-1819, September 29, 1818, Image 2

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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 \