The New Hampshire Gazette

The following Charge has been published in the Virginia Federal Gazettes, and is now copied from one of them. It is an excellent defence of the National government and laws of the United States, and should be re-published by every newspaper printer,--and read by every citizen on the continent.

A CHARGE,
Delivered to the Federal Grand Jury for the district of Virginia.
On the 23d Nov. '98.
By the Hon. Judge CUSHING.
Published by request of the Grand Jury.

Gentlemen of the Grand Jury,

OUR important duty, and ours, respect the support of Government; by which are secured to us the enjoyment of all our rights and privileges, with whatever we hold most dear and valuable in life.

The people of this country, from the beginning, being generally educated in principles and habits of virtue; used to regular orderly government; sensible of its absolute importance to the peace and happiness of society: having fought and bled and spent their treasure to settle their liberties upon a solid basis; having deliberately formed their own constitutions, so balanced, as they conceived, best to guard against despotism on the one hand, and licentious anarchy, on the other; having clearly seen the absolute necessity of a close union of these States, to their security and independence; and established a constitution, accordingly, upon the same free model with all the state governments;

These weighty considerations bearing upon the minds of all considerate men, of all good citizens; they will ever hold themselves sacredly bound to maintain, to their utmost, and perpetuate those fundamental barriers to liberty and property; those supports to virtue and piety--against all combinations of foreign influence and intrigue, of internal anarchy and discord, misrepresentation, calumny and falsehood, operating from political, ambitious and selfish purposes--against all impious attempts to root out of men's minds, every trace of christian and natural religion, with all sense of a Deity and moral obligation: Of all which evil workings we have seen too many and lamentable specimens in America within a few years past.

As to the Federal Union or General Government; it may give us a particular striking view of its importance, by only, turning our minds to the consequences and the probable situation which these States might have been involved in, had they remained separate and dis-connected, during the fierce struggles and convulsions that have been taking place in Europe: When we find the whole power of the Union, with all its energy has been competent (but with difficulty) to preserve the peace and tranquility of this country; amid the clamours of faction, the unaccountable rage of pretended patriots to subvert the government and general interest of this country, by subjugating all to the political will and pleasure of a foreign one; slandering all real patriots with whom the constitution and the people have entrusted the management of their affairs; extending their unceasing torrents of calumnies even to the character of the great and good WASHINGTON, who has spent a painful and laborious, but successful life, in war and peace, in virtuous and noble actions; in calm, wise, intrepid, dignified conduct—and in glorious achievements for his country, and for the cause of real liberty; who, like an Angel of deliverance, now again appears to command our armies. Continuing the same shameless indecencies and abuse towards his able and inflexible patriotic successor; whose unshaken independent spirit of liberty and eminent displays of genius in the most useful services to his country, in the most critical times, for above thirty years, in America and in Europe-are well known to all who are acquainted with the history of their own times.

How is it possible for any free government to stand the shock of such perpetual, inveterate, malicious, hostile attacks?

I will tell you--It is only by the people being inquisitive, knowing, and alive to their own interest: by their being wiser, honester, and more patriotic, than those who abuse and would mislead them.

As light and knowledge increase to the people, deception vanishes; hence it is that democratic societies set up, to pull down free republics, are now scarcely known or heard of.

And, yet the same evil spirit continues to operate in the unbounded licentiousness of some press by the gross misrepresentations of public men; and almost every measure taken for the safety of the country.

Those who have so long advocated the cause of a foreign nation against their own, with as much zeal as if under large pay for their services, to seduce this people out of their neutrality and plunge us into the wars of Europe: on a sudden would have imposed this other extreme absurdity upon their country--that a simple preparation for defence against the most flagrant attacks upon property, amounts to a declaration of war.

There has been an unprovoked war upon property, for above five years past, to the amount of many millions, by estimation, besides five or six more by violation of contracts, under which, widows, and orphans and others are now suffering throughout the U. S. in direct infringement of the rights of mankind, and of solemn treaty.

These hostilities commenced near a year and a half prior to the British treaty: that great pretext and apology (with some) for violating all principles of right and justice.

Though that was only an exercise of the right of a free and independent nation, to adjust their own differences, amicably, by negotiation, rather than rush, in the first instance, upon the uncertainty of sword and battle; at the same time expressly reserving the right of all other nations, uninfringed.

The clamor so much labored to be raised against that measure, by the opposers of neutrality, was clearly owing to this--that it tended to defeat the great object which they had so invariably and intemperately pursued from Mr. Genet's arrival: the embarking us in the war (at all hazards) on the side of France.

There is somewhat so abhorrent to justice, that one can hardly find a name for it--that while our envoy, or envoys, have been humbly waiting and attending in a foreign country for a year and a half, with full powers to settle all difficulties upon the most liberal principles, and have been rejected or kept at a distance, treated with contempt, unheard, unreceived by the government; that very time has been improved to increase hostilities to so extensive and almost universal devastation. of our commerce; so that, (as our able and faithful envoys declared in their late memorial, at Paris)-- "The property of American citizens has been taken to a much larger amount than would have been possible in a state of actual war." All which, and much more, appears from the dispatches, instructions, and other publications, which have been lately exhibited to the world.

Instead of making reparation for injuries and insults; he additionally demands large tribute, as of a conquered nation, and large douceurs for the private pockets of her ministers.

The most likely way to prevent war is by being prepared for self defence.

The right to defend property at sea, that great highway of nations, is the same as at land.

Tamely to give up one, is but an invitation to avarice and ambition to demand the other.

As to foreign commerce, that source of wealth, so interesting to the farmer, the merchant, the seaman, to manufacturers, tradesmen, and mechanics of various sorts: so important to the support of government; so likely, if uninterrupted, to afford revenues sufficient, or nearly so, without the aid of other duties or taxes. In what manner this great object can or ought to be defended, with our country in general, at any and at all points:

Our only safety is in leaving such power and discretion where the constitution has lodged them--to our representatives in Congress assembled

--whose time, talents and studies are devoted to such great national objects; for whose propriety of conduct we have all the security the nature of things admit; their integrity and ability, their liability to the same consequences of war; their sensibility to the same blessings of peace, with any of us their constituents.

And, though individuals have an undoubted right to express their opinion upon public matters, in a decent manner: Yet that it would oblige Congress to act against their own sense and judgment of things, I believe no mortal will pretend.

As such a supposition would tend to utter anarchy, confusion, and the dissolution of all governments.

A charge against America, long dwelt upon by the unceasing opposers of our government, has been, that France being a free republic, fighting for liberty at land, and for the freedom of the seas; America had ungratefully refused to join her; thereby risking the extinction and the loss of all liberty.

'Tis true, when that revolution began, America rejoiced--in hope of seeing real liberty spread far and wide, and established upon a substantial, unmoveable basis; but, nine years melancholy experience and observation present a very different prospect and state of things.

The first three years (which were not without their multiplied troubles and commotions) were spent principally in tearing up the old foundations and erecting a new system, called a limited monarchy; to which all orders of state solemnly swore fidelity, in the field of Mars--in the midst of 600,000 spectators.

In a little more than two years, the same constitution so solemnly established, was completely overturned by the aid of some of the same men who introduced it, by means of a formidable insurrection, attended with the slaughter of multitudes of citizens in the streets of Paris, on the famous 10th August, 1792.

In less than a month followed the horrid massacres of September in the prisons of Paris, of above a 1000 citizens, untried and uncondemned of any crime; perpetrated by a band of hired assassins--deliberately carried on night and day for four days together, unchecked--by any authority--though done under the very eye of the national assembly; in whom was supposed to center all power--executive, legislative and judicial.

No justice of the nation has ever reached a single one of those assassins, to this day; on the contrary, some persons who had the virtue and courage to solicit an inquiry into the villainy, were obliged to meet the same adverse fate, in order to intimidate from all further attempts to discover or punish the authors of those horrid butcheries.

The above dreadful and barbarous example was immediately followed in other great cities, by sacrificing all the prisoners who were committed on party or political suspicions; while, unauthorized, they liberated from jail who were imprisoned for robbery, theft, or any other crimes against the old standing laws of the country.

The whole bloody reign of Robespierre and his accomplices, which followed in 1792, 1793, and 1794, when above 400,000 people were under imprisonment at one time, upon mere suspicions; when 400,000 of all classes of citizens, men, women, and children, were obliged to submit to the guillotine, to drowning, or some violent death, without trial, without evidence of crime, many sacrificed merely for their wealth, acquired by industry; when the christian religion was banished, and men dared not assemble together, the first day of the week to worship their Creator; when a member in convention could rise and announce himself an atheist, with public applauses--this certainly was not a time of true liberty, but the reign of wild anarchy, terror and cruelty.

And yet, at the very time, these horrors were committing, and all principles of humanity were continuing to be outraged beyond example, we had a set of men in this country, and a set of servile newspapers constantly employed in celebrating and extolling that same unhappy man, Robespierre, as the great patron and defender of liberty.

Astonishing insult and imposition upon the good people of these states!

What has been the state of things since that period?

Their last constitution of 1795, after providing many articles in favor of liberty and free elections, proceeds to establish several other articles, which are the bane of all liberty, and directly tend to subvert the whole--furnishing the usual weapons, by which liberty is overturned at a blow, a standing army in time of peace to maintain internal government--and a power to put an entire restraint upon the freedom of the press.

What the practice has been under this constitution, the notable events of the 4th of September 1797, among others, will inform; when part of Buonaparte's army of veterans, under orders from the directory surrounded the legislative body, at 4 o'clock in the morning—seizing above 50 of its principal members, with two of the directory and compelling an instant decree of banishment against them and a number of public officers to a distant country; (a number of whom had certainly publicly advocated peace and amity and a more friendly conduct towards America: which probably was their greatest crime:) also nullifying above 140 elections of the people, in an instant; all in violation of the most useful important articles of their constitution--without trial--without liberty of defence--without evidence offered of any crime--arresting and punishing without trial above 30 printers, and subjecting the press to the entire control of government.

Where then is French liberty?

What becomes of the boasted, free republican constitution upon paper, before an immense army in the hands of the directory?

Again, what has been the treatment of other nations?

Belgium, a neighbouring province, was entered by an army, Nov. 1792, as friends, under a solemn decree of convention, promising full security to property, public and private, and a right unmolested to form and enjoy their own government.

The next month passed, another decree directly reverse; ordering general Demourier to seize all the public property of Belgium, with the treasure in churches, to the use of the republic. This order appeared so unprincipled and outrageous that Demourier refused to execute it: and it was, in fact, executed by other agents, inferior jacobin officers, who are said to have embezzled, in the collection, a large share to their own private use.

And, to complete the scene of treachery--instead of being, suffered to form their own government, (according to promise) the Belgians were intimidated and compelled, at the point of the sword, to pray and petition to be annexed to France.

Another army entered Holland, being easily let in by the aid of the patriots, so called, in hopes of having their liberties better secured, according to promises, understood to be held out by decrees of convention.

And now Holland is groaning under tribute, after advancing immense sums upon requisition, with a foreign army in its bowels, dictating and controlling all its councils and operations, and causing decrees of banishment against uncomplying, refractory members of the Dutch convention, after the example of the 4th of September, at Paris.

Venice sold to a foreign power.

Great part of Italy revolutionized into nominal republics, and enslaved to its conquerors.

The Pope, called Antichrist, whose spiritual romantic power over nations had been declining for ages, and had become reduced, nearly to a nullity, forcibly thrust out of his small remaining territory; but succeeded by another antichrist, composed of atheism, military despotism, and the prostration of all principles, civil, moral, and religious.

Query--Whether the people can be gainers by such a change?

Spain, now trembling for the mischiefs which she dreads from her ancient ally.

Portugal, also in danger, being too near and too small to expect to escape the all devouring grasp of the republic.

The small but virtuous and respectable republic of Geneva: which had, for centuries, produced some of the greatest men in learning and in arts: whose liberties the most powerful monarchs of France had respected, and left untouched; now, without provocation overturned, its blood compelled by a course of the vilest treacheries and seditious practices: aided by an army, to renounce its independence, and lose itself in the great despotic republic.

Those innocents, whom kings, in their pride, had spared, have been wantonly and without mercy sacrificed, by haughty pretended republicans.

Thus, also, has fallen in the fatal snare, the too credulous, though brave people of Switzerland, who had maintained their independence in the mountains towards 500 years, and had lived perhaps, the most easy and happy of any people on the continent! Europe, till lately they were surprised, trepanned and fraternized out of their liberties.

America, the first to acknowledge the republic, and conducting with all possible friendship consistent with the rules of neutrality, threatened with like vengeance, and a similar fate.

All this does not bear any of the marks of fighting for liberty at land, or for the freedom of the seas, but for the absolute dominion of both and for a general domination over all countries.

We certainly wish for peace and amity with all nations, but not for subjection to any.

Whatever nation should gain the full mastery, both at land and sea, the probable consequence and counterpart would be general vassalage and subjugation.

It must, therefore, be the dictate of self-preservation and sound policy to keep up a balance of power among nations, as much as may be by all lawful and prudent means.

Thus are we unfortunate enough to see despotism only changing its form--the people changing masters; --and, under the specious pretences and allurements of liberty and equality, and republics one and indivisible, we only see the people of many of the smaller nations of Europe subjected, under a foreign power, to the strong irresistible arm of a cruel settled military tyranny.

It is important here to remark, and seriously consider, that all those subjugated nations, who are now paying large exactions to foreign armies for keeping them in subjection, did not come to their fate, so much by the power of arms, as by their imprudent listening to artful incendiary intrigues, to false, flattering promises of fraternity and protection held out to allure all people to revolt from their governments; thus duping them to their own destruction, making the people the voluntary instruments of their own misery.

This horrible plot against the rights of nations and of mankind, and against all religion and virtue, order and decency, carried on by French ministers, emissaries and philosophers, and what is worse and more astonishing, abetted by a party of our own countrymen, is now pretty generally seen through, and has roused the spirit of free Americans to a sense of their danger and to some preparation to prevent the fatal explosion of it upon themselves.

Thank heaven--America is not in very great danger of revolutionizing, at present, unless by force of arms and a superior overbearing power operating in the heart of the country; for this plain reason--that the fellow citizens of America, all now stand upon an equal footing, in point of property, and of civil and religious rights--as government, society and the nature of things admit; we have chosen our own governments and constitutions; our elections under no governmental military control; that we live under the only free republics, of any extent, that exist upon the earth; the only ones that do or can maintain civil government without the aid of a standing army--kept in pay for that purpose.

Under the smiles of heaven, through the prudence and patriotism of our representatives, America--has been wonderfully preserved in peace while many nations of Europe for a course of above six years, have been
Shaken to the centre by discord, wars and convulsions.

Many, through blood, seeking for liberty; while the blessing, like a phantom, flies before them, and continually eludes their grasp.

What is the result of all? That in this alarming crisis, all parties and patriots firmly unite and persevere in support of their own government, constitution, liberties, and independence, and of all necessary measures adopted and to be adopted for the general safety.

And God grant that all national differences may soon be accommodated: and the blessings of peace—substantial liberty, and stable government, be the portion of all nations!

Gentlemen, I must put you in mind of the special duty of your office at this time—to make diligent enquiry and true presentment of offences against the United States, according to law; wherein you will be duly assisted by the attorney for the government and by the court, if necessary.

I shall mention particularly, a law which has been much misrepresented, a late law against an old offence, against what must be deemed a dangerous offence in all societies, and under all forms of government, viz. combinations or conspiracies to raise insurrections against government or to obstruct the operation of the laws made by proper authority; subjecting offenders to fine and imprisonment: also printing and publishing false, scandalous and malicious writings against the government, with intent to stir up sedition or insurrection—or resistance to the laws—or to encourage any hostile designs of any foreign nation against the United States, their people or government; offenders of this kind are also subjected to fine and imprisonment, and justly—for every one must see, that an unbounded, unchecked licence, or rather licentiousness, in this way, would put it in the power of bad and discontented men—nay, of the worst men in a community, to overturn the freest government in the world, by dealing out under false fictitious signatures, a continued course of falsehood, misrepresentation, deception and imposition upon the public.

What but this with the artful inflammatory and impudent publications of the democratic societies, set up by Mr. Genet to overthrow the federal union, and to subject this people to the entire controul of France! what but this, encouraged and produced the insurrection at Pittsburgh: which cost the United States a million and an half of money to suppress: an insurrection raised, under the groundless pretext of opposing an arbitrary law about a small matter of excise; a law in its foundation expressly warranted by the constitution:—Taxes, duties, imposts and excise; being the necessary means explicitly lodged in the hands of Congress by the constitution, for the support of government, for the common defence, and for the general welfare.

What but this, so long deceived many good people in America, with respect to the internal state and designs of France; representing her, as exhibiting a perfect pattern of true liberty, and wishing to communicate it to all the world; when, in fact, according to their own histories, written by the revolutionists themselves, such as Brissot, Louvet and others, and by the records and reports in the national convention itself, a course of cruelties, tyrannies and perpetual violations of all principles of liberty and property, was more extensive and atrocious, than was, perhaps, ever known under any monarchy.

What but this, has deceived even the rulers of France, for a time at least; making them believe, that their diplomatic skill had had its full effect in setting the people of America at war with their own government, and making them ready to join France in overturning it. And yet some printers have cried out, that by this law they are abridged the liberty of the press.

But certainly not, unless the liberty of the press comprehends a right to print and propagate scandalous and malicious falsehoods, to the injury of the public; which no man of virtue or modesty will pretend, any more than that liberty of action admits of committing murder, theft or any other crime.

The law provides a full and sufficient guard to innocence, by allowing the party accused, a fair trial by a jury of his country and to acquit himself entirely, only by proving the truth of his own assertions.

Thus is this important point of the liberty of the press, placed upon the only just and equitable foundation; safe to the innocent and the patriot, by allowing them to publish any truths they please—essential to the preservation of any free government—only forbidding malicious lies and slander, which no man possessed of any principle of virtue or honesty, would indulge himself in.

Different in this from the law of England, which admits not the privilege of proving the truth of the words written upon an indictment for a libel; and more different still from the practice in France, where a citizen may be arrested at the pleasure of the directory, for publishing any thing disagreeable, however true, and sent without trial beyond seas into banishment, perhaps 4000 miles distant from his native country, his family and estate.

As to the alien law it is a little strange, that any American should be found to complain of that which touches not the rights of any individual free citizen; but only provides for the safety of all (in case of war or threatened invasion) by the removal of dangerous alien enemies, who may be plotting secret mischief in the midst of us, and co-operating with the enemy without—in order to invade or subjugate our country.

Objections are made to the constitutionality of these laws.

But can any reasonable man suppose, that a government, instituted for the protection of all the states and all the citizens, with full powers to do every thing necessary for that important end, has no power to protect itself by laws to prevent crimes which tend directly to its overthrow and destruction?

Can it be imagined, that the supreme authority of a government, which is vested with the important powers of war, and of the common defence against public enemies, and of protecting each and all the states against invasions, and is expressly authorised, by the constitution, to make all laws necessary and proper to carry those powers into execution, has no power to remove alien enemies—to remove aliens who belong to, and owe allegiance to, a foreign state, that is waging war with us; that is invading, or upon the point of invading, our country, by an hostile army?

But it is suggested, that aliens cannot be touched in such case without the intervention of a jury, because it is provided (in the 7th article of the amendments to the constitution) that "no person shall be held to answer for a capital or other infamous crime, but upon a presentment or indictment of a grand jury; or be deprived of life, liberty or property, without due process of law" and in the 8th article of amendments, that the accused shall have a trial by jury.

There is no doubt, but that any alien permitted to reside among us, committing any crime against the municipal laws of the country, is to be tried in the common way, by jury.

But that no way touches the present case.

There is no crime of that sort charged.

The grand question is—Whether the supreme authority has not a right, with ample powers, in case of the country being invaded or about to be invaded by a hostile nation, to remove aliens who are subjects, or citizens of, and owe allegiance to such hostile nation, and who may be extremely likely to join its standard; and to prescribe the modes of removal with all its circumstances and conditions, as Congress cannot do it in person?

Surely these articles of amendments never intended to take away the powers before granted, to defend the country against invasions, and "to make all necessary and proper laws for that purpose."

Nearly as well might it be said, in case an hostile army was to land on our coast, that we must summon juries to try the soldiers of that army, before we could proceed to abridge them of their liberty.

No; the only constitutional mode, in such case, is to proceed, directly, with sword and bayonet.

So as to aliens of such hostile nation, not actually in arms, to remove them from a situation to injure us; and this, by the essential rights of war and self-defence.

What possible motive can any persons have for their great zeal and anxiety to get rid of these wholesome and necessary laws, unless they imagine it will give them a more easy task to overturn the government and constitution of the United States; unless they mean to pave the way to a more easy invasion and conquest of this country, by some foreign power?

Gentlemen,

Let us all be faithful in discharging, not only our special duties of office, but generally, all those of men and citizens, of patriots and christians, and thereby endeavour to secure the blessing of Heaven upon ourselves, and upon our country.

Randall Rice, who in August term of the Supreme Judicial Court of Massachusetts, was declared guilty by the jury of breaking open the Nantucket Bank and Stealing, has been remitted the pains and penalties he might otherwise have suffered, through the grace and favour of his Excellency the Governor, by and with consent of his Council: and the said Rice is now discharged and ordered to go without day.