Great Britain, the States General of the United Netherlands and their subjects, and especially of the King and people of Prussia, to the evil example of all others, in like case offending against the treaty aforesaid, and against the laws of the said United States in such case made and provided, against the said Constitution of the United States of America, and against the peace and dignity of the said United States.

And the said grand inquest aforesaid, upon their respective oaths. and affirmations aforesaid, further present:-That, whereas, an open and notoriously public war for a long time hath been, and yet is, by sea and by land, had, carried on, and prosecuted, between the Republic of France, and the King and people of Prussia, the King and people of Sardinia, the King of Hungary his subjects and people, the King and people of Great Britain, and the States General of the United Netherlands and their subjects, during all which time a definitive treaty of peace was, and still is, in force between the said King of Great Britain, and the said United States, wherein and whereby it is provided, that there shall be a firm and perpetual peace, between the said King of Great Britain, and the said United States, and between the subjects of the one, and the citizens of the other, wherefore, all hostilities shall from thenceforth cease: And, whereas, by the constitution ordained and established for the said United States of America, it is among other things, provided, that all treaties made, or which shall be made, under the authority of the said United States, shall be the supreme law of the land, and by reason thereof, the said United States became, and now are neutral in relation to the said King and people of Great Britain, and the said Republic of France: And, whereas, at the time of the said war, by virtue of a certain commission, and certain letters of marque and reprisal granted by the Republic of France, a certain ship-of-war, called the Citizen Genet, was, among others, set out and equipped, of which a citizen of the said Republic of France was commander, with several other French citizens, to the number of fifty persons, in a warlike manner, to take and destroy the ships, goods and moneys of the King and people of Prussia, the King and people of Sardinia, the King of Hungary his subjects and people, the States General of the United Netherlands and their subjects, and especially of the King and people of Great Britain, and against them to wage war in the River Delaware, and within the jurisdiction of this Court,-Gideon Henfield, late of the district aforesaid, yeoman, being an inhabitant of the said United States, well knowing the premises, and intending and contriving, and with all his strength purposing to interrupt, destroy, and break the said firm and perpetual peace, between the said King of Great Britain, and the said United States of America, and to disturb the said neutrality so as aforesaid existing, on the part of the United States, in relation to the said King aud people of Great Britain, and said Republic of France, on the fifth day of May, in the year of our Lord one thousand seven hundred and ninety-three, with force and arms, in the River Delaware, and within the jurisdiction of this Court, unlawfully and maliciously did interrupt, destroy, and break the said firm and perpetual peace between the said King of Great Britain and the said United States of America; and that he, the said Gideon Henfield, so being an inhabitant of the said United States of America, on the same day and year aforesaid, in

the River Delaware, and within the jurisdiction of this Court, and being a prize-master on board of the said ship-of-war, unlawfully and maliciously sailed and cruised to several maritime places within the jurisdiction aforesaid, by force and arms to take the ships, goods and moneys of the King and people of Sardinia, the King and people of Prussia, the King of Hungary his subjects and people, the States General of the United Netherlands, and, especially, of the King and people of Great Britain, and then and there, in and on board of the said ship-ofwar, with divers others, whose names to the grand inquest, aforesaid, are yet unknown, with force and arms unlawfully and maliciously, in prosecution of the said unlawful and malicious intent and purpose, attack, seize and take, a certain ship or vessel, called the William, belonging to a subject or subjects of His said Britannic Majesty, to the evil example of all others in like case offending, against the definitive treaty aforesaid, against the laws of the United States, in such cases made and provided, against the said Constitution of the United States of America, and against the peace and dignity of the said United

States.

And the grand inquest aforesaid, upon their respective oaths and affirmations aforesaid, further present: That, whereas, the said United States of America, on the said fifth day of May, in the year aforesaid, were, and now are, by treaties of peace and amity allied unto, and at peace with the States General, and the people of the United Netherlands, and the King and people of Prussia, and also at peace with the King and people of Great Britain, and the said States General, and the people of the United Netherlands, the said King and people of Prussia, and the said King and people of Great Britain, on the said fifth day of May aforesaid, in the year aforesaid, were at war with the Republic of France, the said Gideon Henfield, then and there being a citizen and inhabitant of the United States, unlawfully and maliciously contriving and intending to disturb and destroy the peace of the said United States, and to involve the said United States in a war with the said States General, and the people of the United Netherlands, and with the said King and people of Prussia, and the said King and people of Great Britain, on the said fifth day of May aforesaid, in the year aforesaid, in the River Delaware, and within the jurisdiction of the said Court, in and on board of a certain vessel, armed and fitted out for warlike purposes, and commanded by a certain Peter Johannen, having a commission from the Republic of France, to attack, seize, and take prisoners all the enemies of the said Republic of France, with their ships, arms, and other articles of property, did with force and arms unlawfully and maliciously, and contrary to his duty as a citizen of the said United States of America, attack, seize, and take as a prize a certain ship, called the William then and there belonging to certain subjects of the said King of Great Britain, in violation of the laws of nations, against the laws and Constitution of the United States, and against the peace and dignity of the said United States.

And the Grand Inquest aforesaid, upon their respective oaths and affirmations aforesaid, further present, That, whereas, on the said fifth day of May, in the year aforesaid, a treaty of peace, amity and commerce subsisted and was in full force between the said States General and

the people of the United Netherlands and the said United States of America, between the King and people of Prussia and the said United States of America, and also a treaty of peace between the King and people of Great Britain and the said United States of America, the said Gideon Henfield, late of the District aforesaid, yeoman, then and there being a citizen and inhabitant of the said United States, and knowing the premises did, on the said fifth day of May, in the year aforesaid, in the River Delaware and within the jurisdiction of this Court, unlawfully, violently and injuriously combine and confederate with divers others, whose names to the Grand Inquest aforesaid are yet unknown, to attack, seize, capture, burn and destroy the vessels, goods and merchandise of the States General and the citizens and subjects of the said United Netherlands and the said King and people of Prussia, and the said King and people of Great Britain, and to assault, imprison and kill the said citizens and subjects of the said United Netherlands, of the said kingdom of Prussia, and of the said kingdom of Great Britain, in violation of the laws of nations and the constitution and laws of the said United States of America and against the peace and dignity of the said United States of America.

And the Grand Inquest aforesaid, upon their respective oaths and affirmations aforesaid, further present, That, whereas, on the said fifth day of May, in the year aforesaid, a treaty of peace, amity or commerce subsisted and was in full force between the States General and the people of the United Netherlands and the said United States of America, between the King and people of Prussia and the said United States of America, and also a treaty of peace between the King and people of Great Britain and the said United States of America, the said Gideon Henfield, late of the District aforesaid, yeoman, then and there being a citizen and inhabitant of the said United States, well knowing the premises did, on the said fifth day of May, in the year aforesaid, in the River Delaware and within the jurisdiction of this Court, unlawfully, violently and injuriously combine and confederate with divers others, whose names to the Grand Inquest aforesaid are yet unknown, to attack, seize, capture, burn and destroy the vessels, goods and merchandise of the States General and the citizens and subjects of the said United Netherlands and the said King and people of Prussia and the said King and people of Great Britain, and to assault, imprison and kill the said citizens and subjects of the said United Netherlands, of the said kingdom of Prussia, and of the said kingdom of Great Britain, and in prosecution of the said wicked and unlawful attempt, the said Gideon Henfield afterwards, on the said day and year aforesaid, in the River Delaware and within the jurisdiction of the said Court, in and on board a certain vessel armed and fitted out for warlike purposes and commanded by a certain Peter Johannen, having a commission from the Republic of France to attack, seize and take prisoners all the enemies of the said Republic of France, with their ships, arms and other articles of property, did, with force and arms, unlawfully and maliciously, and contrary to his duty as a citizen of the said United States attack, seize and take as a prize a certain ship called the William, then and there belonging to certain subjects of the said King of Great Britain, to the evil example of all others in the like case offending, in violation of the

laws of nations, against the laws and constitution of the United States and against the peace and dignity of the said United States.*

W. RAWLE,

Attorney of the United States in and for the Pennsylvania District.

It appeared in evidence that Gideon Henfield was a citizen of the United States and that his family resided in Salem, Massachusetts. Being a sea-faring man he had been absent from them some time, and about the 1st of May, 1793, being then at Charleston, South Carolina, and desirous of coming to Philadelphia, he applied to the master of a

Among Mr. Rawle's papers is the following draft of indictment, in the handwriting of Mr. Randolph, with marginal corrections, apparently by Mr. Hamilton:

"For that, whereas, an open and notoriously public war for a long time hath been, and yet is, by sea and by land, had, carried on, and prosecuted between (here name the nations at war) during all which time a treaty of amity and commerce was, and still is in force between the said States General of the United Netherlands and the United States of America, whereby it is, among other things, provided that there shall be a firm, inviolable, and universal peace and sincere friendship between their High Mightinesses the Lords the said States General of the United Netherlands and the U. S. of America, and between the subjects and inhabitants of the said parties, and between the countries, islands, cities, and places situated under the jurisdiction of the said U. Nthds. and the said U. S. of America, their subjects and inhabitants of every degree, without exception of persons or places: And, whereas, by the Constitution ordained and established for the said U. S. of A., it is, among other things, provided that all treaties made, or which shall be made, under the authority of the U. S., shall be the supreme law of the land: And, whereas, at the time of the said war, by virtue of a certain commission and certain letters of marque and reprisal, granted by the Republic of France, a certain ship-of-war, called the Citizen Genet, was, among others, set out and equipped, of which a citizen of the said Republic of France was commander, with several other French citizens, to the number of fifty persons, in a warlike manner, to take and destroy the ships, goods, and moneys (name the nations), and especially of the U. Nethds, and the subjects thereof, and against them to wage war on the High Seas, and within the jurisdiction of this Court. A. B., &c. (with the additions) being an inhabitant of the said U.S. of A. well knowing the premises, and intending and contriving, and with all his strength purposing to interrupt, destroy, and break the said firm, inviolable, and universal peace and sincere friendship, as aforesaid, between the said U. Nethds. and the said U. S. of A., on the day of , &c., with force and arms, on the High Seas, and within the jurisdiction of this Court, unlawfully and maliciously did interrupt, destroy, and break the said firm, inviolable, and universal peace and sincere friendship, between the said U. N. and the said U. S. of A., and that he, the said A. B., so being an inhabitant of the said U. S. of A. on the same day and year aforesaid, on the High Seas aforesaid, and within the jurisdiction of this Court, and being a on board of the said of-war, unlawfully and maliciously sailed and cruised to several maritime places within the jurisdiction aforesaid, by force and arms to take the ships, goods, and moneys (name the nations), and especially of the said States General of the U. Nethds., against the treaty aforesaid, against the said Constitution of the U. S. of A., and against the peace, &c.

"A like count as to Prussia, substituting the words of the treaty with that nation, observing the words of the treaty minutely.

"A count as to England, substituting the words of the treaty with England, and charging an actual taking, observing the words of the treaty minutely.

"The two counts, with the alteration suggested by Mr. Lewis, appear advisable, as does the third general one recommended by him.

"I confess, that I would repeat all those counts as within the river Delaware.

"I would lay, too, a general trespass on the High Seas, without reference to allies or treaties. "It may, perhaps, be found advisable separately to indict under the 19th article of the Dutch treaty."

packet, who asked him more for his passage than he could afford to pay, whereupon he entered on board the Citizen Genet, a French privateer, commissioned by the French Republic and commanded by Pierre Johannen. Captain Johannen, it appeared, promised him the berth of prize-master on board the first prize they should capture, and the ship William, belonging to British subjects, having been captured about the 5th of May, he was put on board her as prize-master, with another person, and arrived in that capacity at Philadelphia. It appeared that on his examination before the magistrate, he protested himself an American, that as such he would die, and therefore could not be supposed likely to intend anything to her prejudice. He declared if he had known it to be contrary to the President's proclamation, or even the wishes of the President, for whom he had the greatest respect, he would not have entered on board. About a month afterwards, being before the same magistrate, he declared he had espoused the cause of France, that he now considered himself as a Frenchman, and meant to move his family within their dominions.*

Mr. Rawle, District Attorney, with whom was Mr. Randolph, Attorney General, made the following points:

1. Every member is accountable to society for those actions which may affect the interest of that society.

2. The United States being in perfect peace with all nations, and allied in friendly bonds with some, their national situation requires a perfect neutrality from every motive applicable to our common interest.

3. An aggression on the subjects of other nations done in an hostile manner and under colour of war is a violation of that neutrality.

4. If not under the colour of war it would be an act of piracy. But by the laws of nations if one of the belligerent powers should capture a neutral subject fighting under a commission from the other belligerent powers he could not punish him as a pirate, but must treat him as an enemy, and it would be a good cause of declaring war against the nation to which he belonged; and if treated as an enemy without just cause it is the duty of the nation to which he belongs to interfere in his behalf; and thus arises another cause of war.

Hence the act of the individual is an injury to the nation, and the right of punishment follows the existence of the injury.

5. The right of peace and war is always vested in the government. In the United States, but Congress alone possesses it.

By the formation of the society every individual has consented to its being thus exclusively deposited for the general benefit.

No individual, therefore, can assume the exercise of this right. For if one could do it one thousand might, and while the government declared peace the tragedy of war would be acted in its defiance.

6. If one individual has a right to associate with the subjects of one of the belligerent powers, another individual has an equal right to do the same with the other belligerent power; thus the citizens of the neutral nation might be fighting with each other.

Under this unhappy prospect, the national character and existence of

See Am. Daily Advertiser, August 8, 1793.