|
¦"¦)>" mmm^^
Interesting trial of Mr. Selfridgt. _
For the Federal Gazcttei
Shir. Reives,
As I find the report of tfee trial of Mr.
Selfridge lias found its way to this city, and
3^ for sale at the kook-store of M. A J. Con-
rad, perhaps the following sketch of Mr.
Uexter'-; speech, in defending his cause be-
fore the supreme court of Massachusetts,
¦where Mr. Selfridge was arraigned, may not
to thought uninteresting to your readers.—
Ti t first appeared in the Columbian Centmel,
a short time previous to the publication of
jfclie trial ; and was introduced by the editor
.of that paper, with the following remarks :
*(. We give the folio-wing sketch as an index
To point public attention. . to the report of
that trial which is row issuing from the
ipress, and whlchls interesting to every man
as the sacredness of his person, and import-
ant as the law that protects it. To .make the
report perfect, we are satisfied no pains ffl»r
expense will be spared. 'It will be to the
jshilosopher an exposition of the reason, of
la-w; and will furnish eloquence to delight
the taste of theseholar. It should be dear
To every individual in society ; as it will
shew him in language, too plain to be per-
rtcd, how sacredly the common law holds
sffierjtmql safety, & yet with what tender so
,.licitude it guards human life.
A.B.
s
. Sketch of the speech of the Ao«. Samuel Dex-
ter, in ikeirial of Mr. Selfridge.
Mr. Dexter rose to close the defence of
tire prisoner at the bar. He was under pe-
* conjure.you to lav aside your preju-
dices ; to forget party distinction : to divest
your inind least fa irftble bias from
coincidence of opinion; to consider this
«: u . ;is merits. 're.y-.-u Denxo-
c>: '.tic B public'¦/;,;¦? Hi el not a right to
ask the same thing ' Let not difference of
c¦;¦/. "t. 'Sou are not
to'tv 'th 'correctness oflris principles, but in a
particiflar instance, the nature-of his con-
duct. Our courts, should be sacred. Life,
liberty, at lepend.fllt th? tmpa*-
of justice. Affairs of
State concern but few, The political revo.
Jutiohs ( Id - rest only two or
vs. But the body of the
y... individual in the community,
ai ¦- all - q taliy interested in the fair and un-
foii ecutibri of the laws, as they all
r the preservation of all.
i .' purity of the judiciary.
. ve then at the door your prejudices. Be
¦ hal sentiment you may, once listen as
¦-s to the voice of party, you 'violate a
¦ '/r, and the consequence may he ruin.
m, I am the more apprehensive
\ nknown enemies, because they
,'t, secret even to yourselves. They
upon you, you know not how ; they
a. von. you known not when. From
ice, I have no fear. Prejudices,
are no longer prejudices. They
a baser principle. They become corrup-
tion, yield a yerdict to known prejudices,
and you surrender to faction the seat of
judgmnnt. You send from the tribunals of
among the people a spectre,
that scatters misery, ctesolatiqrl and crime.
, gentlemen, prejudices unkndvjoit may
be cherished as principles. It is against
tb' se 1 would put you on your guard. Un-
ci "' their influence you may innocently do
Wrc-hg. With the best, intentions in the
wo'vlct, yon m.,y be willing to do justice and
those may prevent. To call on a prejudiced
Uiarj to perceive) is like calling on a blind
lYiah to see. Both may be willing, but some-
thing imp
Gentlemen, need T remind you that an in-
depenpent an impartial judiciary is the glory
iof government : It is the most essential se
enrity for the rights of the citizen. Make
then of your prejudices a sacrifice to justice.
.Are you lovers of justice ? Will you linlhdc
her sanctuary ? Are you friends of liberty ?
X\rfl.l you commit sacrilege, while kneeling
ft" her altar.
Gentlemen; you ;vro in the temple of jus-
tice. / address to you the words Used ly the
Hebrew prophet ; "¦ Put off your shoes, fir
the ground on which you stand is hop."
[_Here fol owed a statement of the facts,
arret the testimony, of which extreme can-
dor was the prominent feature.]
Gentlemen, it has appeared in evidence
what was the original provocation from Mr.
Austin, senior, to the defendant. Was it
or was it not, a slight provocation ? It was
no less than imputing to him the solicita-
tion of a particular action, the commencing
of which he had in fact repeatedly discou-
srl ; jt was charging him with what is
called inlaw, " stirring up suits." It is the
tnost infamous charge that can possibly be
jftade against a laNvyer. It is the most in-
inrions to the feelings of one, who wished
"to maintain his standing at the bar, since by
it so many of the greatest lawyers have
fallen and disgraced 'themselves and their
profession. It would, if true, have subject-
ed him to indictment for barratrous conduct;
it would have brought him ti> that bar to hi
tried for a very different offence. It Wquid,
\ if true, 1; iced him in court,. exc!
him from.piaei
" stivi
pie of his' 'i
coward. 1 ".'. ¦ I
that it y as that charge wl
rjnactiy at the defendant's means pi sub-
sistence.
. D. then Commeated on die letters
Charging a I-nvy
like '
ike call . .
that passed ,- on tile overtures marie to ef-
fectuate conciliation and-produce proper ad-
justment, until he came to the last resort,
the posting advertisement in the Boston Ga~
%eite.~\
This, said Mr. D. I shall not pretend to
justify, nor do I consider it strictly within
the rules of propriety. But, gentlemen of
the jury, we may suppose a case, in which
the impropriety of writing; and publishing
such an advertisement would be considera-
bly lessened. We may suppose this case
without any derogation from old Mr. Aus-
tin. It cannot be presumed I mean to cast
any reflection on him in this cause. Far
be it from me. Suppose then, gentlemen,
a man, who has long been "known as a
common slanderer and calumniator himself;
who, for twenty years, has stood alone in
the kennel and bespattered mud upon every
well-dressed passenger ; who has defamed
the most illustrious characters in the coun-
try from Washington down; whose slan-
ders both verbal and in print, have become
so common, that their style is notorious as
his face ; suppose Mich a man, gentlemen,
and ask yourselves the question, ought this
man to complaint extremely, if he should in
turn chance to get a spattering ?
[The examination of the testimony we
pretended not to give. It was able, tho-
rough amd complete. In this point of
of light merely, the argument of Mr. D.
was one of the ablest ever delivered from a
Boston forum. When he came to the law
-he was luminous, as usual, in the expositi-
on and application of its various principles.
He considered with signal perspicuity the
different species of homicide. He put the
justification of the defendant on the necessity
for self defence. And seemed to .think it
immaterial whether the blow was firw given
or not ; since it was the necessity, not the
blow that justified, and, from the violence
of the onset, the necessity was equally ap-
parent before the Wow as after. In apply-
ing the law to the facts he supposed the as-
sault to be made with one of three vTews ;
to hill, main, or disgrace."]
With either of the two first views, the
justification was complete. He considered
it also under the third.
Suppose then the assault made with in-
tent to disgrace. If you consider the son
acting for the Father, it was still, gentlemen,
the struggle of the father : What was
the object of that struggle ? Consider
the charge and the extent, to which it was
circulated. Was it not a struggle on the
part of Austin to gain the aicendant ovei
Selfridge and bear him down from all
rank in civil society so effectually that he
never should be able to rise again. If it
was, how did this attempt further it ?
Gentlemen, I need not urge to you, how
a man's situation in society is affected by
bting horsewhipped on 'change. There
are some men indeed, that would
take a beating for a five dollar bill. There
are others, that would not for Christendom.
Had the defendant received a public drub-
bing at noon-day, what would have been his
situation ? What would he have been after-
wards ? Could he have done any reputable
business here ? Would you exile him from
his home ? To what place could he have
flown, where the finger of scorn would not
have been pointed at him ? The words, gen-
tlemen, have been read to you, " Resist not
evil, and when a man smiteth thee on the
one cheek, tuni to him the other also."
This is ths law of heaven—but it is general
law—and the nature of things, which na-
ture is constituted by heaven, makes many
necessary coeval exceptions. If evil is .in
no case to be resisted, the prisoner would
not now be at this bar, nor you troubled
with this trial. It is because evil is some-
times to be resisted, that trials take place.
I notice one other exception. When the
evil, is such as to threaten a man's reputation,
his usefulness, his standing in suciety his
means of subsistence, his all dearer than
life, then may the evil be lawfully resisted.
It is an awful crisis, an hour of peril, a
moment of darkness. But it is a crisis that
lie is bound to summon ail the energies of
his soul to meet. He should stand like
Arias,
" While storms and tempests thunder on its
brow,
" And oceans break their billows at its feet."
The endowment of talents in an implied
injunction to make every exertion to pre-
serve them in their original strength and
fitness to be useful. When the crisis ar-
rives, that threatens every Ihihg and drives
to the last effort, a pious man, a christian
.-diould obey the injunction, and Jiiay look
for countenance to heaven. On such an
occasion a man should act, accountable on-
ly to his Gob. I know that these are de-
licate things—that there are in this sub-
ject intrinsic difficulties—peculiar and al-
most insurmountable embarrassments. I
know it would be dangerous to make known,
that insult could ever be resented v, ith
death. The same principle, it may be said,
that in any case could authorise a man,
hbwevet elevated by rank, education and
talents, to repel ignominy with death, would
justify the chimney-sweep on some indigni-
ty offered by a biother knight of the soot,
to rip his scraper into his belly. I know
the difficulties-—I feel the embarrassments.
It may be dangerous to make known the
principle. It is therefore perhaps best, that
it should not be contained in written laws.
But 1 ban no more doubt the right, than I
can doubtT that the object of existence i$
not mere respiration.
Gentlemen, I vindicate the spirit of my
country, 1 never will express,. 1 never will
be thought by silence to acquiesce in any
sentiment that may tend to sink or degrade
it. I venerate the principles of'our holy
religion. ] respect wcial rights. 1 would
not infringe, but protect it. But when the
la of society annot act, the law of na-
ture returns. id obey this
law, and exjv ' forgiveness from the God
of nature. ling is at stake. He
s'loubl act firmly. The crisis is of horror,
but fortitude in requisition, man can soar
superiofto the crisis. On such occasions, he
Oe ordinaiy maxims, poised on his
o'tun magnanimity. If ever I should be call-
ed to meet such a crisis, may this arm stink
palsied from its socl-et, if I should ever hesitate
to defend viy own honor. If the defendant,
gentlemen of the jury, had done differently ;
if he had farebom to have used his pistol,
and had taken aheating on'Change at noon-
day, and had then returned to his children,
whom he had indoavored to enstruet in
principles of honor ; would they call him
father.
Gentlemen, I will state to you a case,
'and leave it to your judgment, whether an
assault with intent tc disgrace may never
be resented with death. Assaults within-
intent to kill or maim, it is admitted, may,
but to maim is to C .abU those limbs of use
in fighting. An Assault to destroy a leg
or an arm may tll'v j-fore rightfully be repel-
led with death. flat an assault to take off
the ears or noSe cannot. Gentlemen, the
law has been read to ycu. But I appeal
from dead letters io living c/mimon sense.
Supposing Mr. A. member from Vir-
guua,meets Mr. I'. member from Mas-
sechusetts, at Washington, in a pub-
lic company immediately after the rising of
the congress. He cai's him a scoundrel
and a rascal, and with a sword or a knife
takes off both Mr. B's ears, for opposing
his resolution on the floor of the house.
Mr. B. has sword and pistol before him, but
a submissive subject to the law, forbears to
use either.—Ke reasons like a good citizen,
if Mr. A. had intended to break my arm or
my leg, or had even attempted to gouge, I
should have been justified in inflicting death
at the instant. But since he has only
made choice of my ears, it is no mayhem ;
if I resent it may kill, and to kill would
be manslaughter. He thetsfore puts himself
on the laws, which hi the words that have
been read, are " iniuriarum," and
commences a prose^;..ion to recover daily
damages for this daily infamy. Mr. B.
then returns home and appears among his
constituents. Gentemen, how would you
receive your earless member ?
[After much important and impressive
remark, which wc are unable even to
sketch, Mr. D. concluded with alluding to
the length and nature of the defendant's
imprisonment. A man of his constituti-
onal debility must have suffered from so
long and close a confinement.]
He has indeed suffered much ; but he
knows the duty of a subject, and is willing
to suffer still more if the laws of his country
exact it. He waits, however, gentlemen,
with firm, but tranquil confidence 'the re-
sult of this trial, and hopes your verdict
¦will at length put a period to his sufferings.
JOHUADERS.
With the above sketch the reporter com-
municated the following note :
Mr, Russrxi.,—T'.e inclosed will show that
this is but a loose sketch from the memory
of an argument that occupied three hours in
delivery. That part of it on principles of
honour, was, as uttered by the advocate, a
complete system, and admirable, as an ori-
ginal intellectual creation. It was, as deli-
vtred, extremely grounded.—It was placed
within the fortress of West-Point ; it seem-
ed more impregnable than the reck of Gi-
braltar- With all the precaution you urg-
ed I may have been guilty of some oversight.
I may have forgotton some essensial part--
I therefore protest against remarks, until
the report ot the trial appears. Mr. Dexter
is answerable for the argument, " take it all
in all ;" but not for any abstract. I am a-
ware of the hazard of the attempt ; and
in the course of the sketch to preserve the
connection, I may have somewhere interpo-
lateda sentenced" my own. Butthishasnever
been done wilfully—I have not intentionally
inserted the pin-feather of a sparrow among
the plumes of the eagle. Those who sttend
ed the trial will recognize what is genuine
—those who did not are in no danger of or
ror. What pertains to Dexter is so pecu-
liary his own, no man can mistake it. Eve-
ry idea he puts forth is the offspring of ge-
nius, and has the brightness of its father's
glory. 1 am glad the reports of this trial
will give permanency to this able argument.
When the English language shall be num-
bered with the dead, and our orators, and
illustrious literary characters become clas-
sicks to posterity, his speech will rank, for
both reason and rhetoric, among the first
fprenric efforts of Ncw-Eguland.
From a Boston paper.
Bonaparte's Blockading Decree,
Occasions various opinions on its bearings
and extent, as it affects the commerce of
the the United States—the first object of
our solicitude. The following extracts of a
letter from London, will shew in what light
they are considered by commercial men in
that emporium of European commerce :
"London, December 15, l8c-6.
" The very extraordinary decree of the
French emperor, dated at Berlin, the aist
of November, and the adoption of the same
in Holland, under date 1st December, you
will of course see in the public papers by
the time this gets to hand.
" The precise effects of these measures
she cannot, at this time, fully estimate—but
would they be executed according to their
tenor, it will be indispeusibly necessary that
we decline all acceptances of bills drawn
agajnst consignments, made to any part of
the continent of Europe, the whole of
whicheither actually is under the dominion
of the French, or if not, remains free from
it by sufferance, rather than by'any resist-
ance that can be successfully opposed to
them.
" To this serious state of things we would
beg to call your attention, and we w ..'¦.!
particularly remark o:\ that part of the de-
cree which EorbWs th? passage of
addressed to Englishmen, or written
Kttgtish language. ¦ We are Willi
that some means will be found to elude the
rigor of this prohibition, and rather
that in Holland this may be by and by the
case—but .vhere all is uncertain, and *heje
no assurance of safety is. likely to be obtain-
ed, we cannot but caution our good friends
in the United States in the strongest man-
ner, and warn them oftlie possibility cf
our being very soon obliged to refuse ac-
ceptance to their drafts, predicated on con-
tinental consignments, as, notwithstanding;
the general assurances we have given of our
readiness to afford this facility, we cannot
consider ourselves held to such an engage-
ment, after the publication of the decrees
in question.
" Our opinion is much in favor of ship-
ments to Holland, rathen than to France
or Italy, considering that the commercial
spirit of Holland and the confidence this
inspires, are to be attributed to the superior
facility of correspondence through that chan-
nel, the only one of which we now appear
to retain even a chance ; but it seems to us
that prudence requires that vessels should
no longer touch in England for orders,
that they should be accompanied by expe-
rienced supercargoes, who should have in-
structions in case they could not procure re-
mittances to be sent hither in good bills
to bring away with them the returns in spe-
cie, which they might easily land on our
coast, and so provide the funds to meet any
depending bills ; though this must of course
be attended with a delay which it will be
necessary to guard against, by withholding
your drafts accordingly. For the same rea-
son we think it woald be highly prudent
that bills should be drawn payable at 60 or
120 days sight, at the option of the accept-
or, (bearing interest after 60 days) in order
to afford a longer time to obtain the funds,
if necessary ; and also that you should if
possible, stipulate that in case the bills are
unpaid solely in consaqueiice of the non-ar-
rival of funds from the continent, or from
the decree of any of the belligerent powers,
they should be exempt from the usual dama-
ges.
" We have conversed Cully on this sub-
ject with several of our most respectable
neighbors, and find a general agreement
of opinion thereon. For ourselves we con-
fidently appeal *o our good friends in the
United States, that we are not likely on a-
ny light or trifling grounds, to discredit
any of their bills, or to suspend them for a
moment longer than this uiijienons necessity
exists, arising from circumstances like the
present, which can neither be foreseen nor
controlled, and which in common pru-
dence imposes such a rule of conduct upon
us. Respectfully submitting these reflecti-
ons to your consideration."
POSKN, December 3.
Our Gazette contains the following pro-
clamation :
" By command of his excellency the gen-
eral of division, Dombrcrvvski, knight of the.
grand order of the legion of honor, and com-
mander oj' the royal order of the iron crown,
is hereby intimated, on the part of the French
imperial war and finance chamber, to all tax
and impost gatherers in the country, as also
to all police-magistrates in the cities, that
they are to seize all prisoners of war, desert-
ers and vagabonds of all descriptions, Poles
and others, and cause them to be transported
under a strong escort, and at the personal
risk of said magistrates, ixc. to the nearest
appointed place of assembling for the Polish
levies, viz. Ro'gasen, Rawitsch, Gnesen and
Hosten ; the Prussians and other foreigners,
however, are to be transported to Frankfort
on the Oder, or to Gastrin. As this com-
mand requires the utmost publicity, we here-
by ordain that it shall be immediately prim-
ed and published in. all cities and churches,
and also in the public Gazettes.
" Posen, 36th November, .806.
" By order of the French imperial war and
finance chamber. BIIOZA."
LOTMDON, January 6.
Sailing of the East-India, West-India, and
Mediterranean fleets.
" Ships, Colonies and Commerce."
Napoleon.
Extract of a letter form Portsmouth, Janua-
ry 5.
" The wind, which had, during the last
two days, again blown from the S. W. came
round yesterday morning to the wished-for
point, theN. E.; when the bustle occasion-
ed by the fair wind of Thursday last, was,
if possible, exceeded. The signal having
been given for weighing anchor, nothing
was to be seen in any direction, but boats
getting off to the fleet, with the passengers
and others, who had most reluctantly re-
turned to their different accommodations on
shore. Nearly the whole of the fleet were
under sail by 12 o'clock, and early in the
afternoon numbers disappeared. The shores
were lined to behold this grand and lively
object ; some indeed drawn thither from
distant parts of the country to part with re-
latives and friends about to visit distant
climes, who were thus gradually departing
from their ' longing, lingering look,' while
others were viewing with exaltation this
burthened fleet, conveying merchandize to
the amount of millions to almost every quar-
ter of the globe. In the evening, the fleet,
which had in the morning extended as far as
the eye could reach, forming a spectacle
equalled perhaps by none, had almost all
disappeared, and we may fairly hope, will
by to morrow morning, reach the Land's
End.
" We first lost sight ot the Mediterranean
fleet, with the Malta, capt. Buller ; Meteor,
Collius; Lucifer, capt. Elliot ; and Sabrina
sloop, captain Kittoe. The Prince George,
98 guns ; llavficur, 98 guns ; and Thrisbe
trigate, are bound to ths ^Vc'st-Inchcs; and
(he Cannot ?laop, and Mi&rook sclv
Lisb , ivith their .-1 c.
'' ' .¦ arrival
of the whole, b amount to be-
tween (1 and ; - that
has left England yeai
is it less true, that this fleet h -
when «ve are declared to be in -ST.'
OF BLOCKADE !"
NEW-YORK, March -.
The following circular translated for
People's Frienri, was addressed on
December, by his excellency, the
TiiR of religion to the arch-bi $ho| bi
shops of the French empire, on the .
of his imperial and royal majesty, and
at the session of the senate the S<1 of 1
month :
Mr. Bishop,the important common;;- iti n
made to the senate the 8d inst. on I
majesty the emperor and king, atl
to his people, to Europe <\ y,
the generous motifs or his conduct, f
midst of his trloruphs, he aspires only to the
re -establishment of a general peace, lie re-
veals to us the sacrifice which he imposed on
himself to avert the new war which has
broken out this year, and in which his grai-
ns has signalised itself by so many prodici-'S-
He announces that he is ready to treat witfc
our enemies, but on such principles as may
revive the confidence of nations, gfuarantee
their iadefjendeiMM and defend then agltnltf
the cute; pri/.es and violations of a j
merit, whose execrable policy is tin
of the universe. To attain this end, h>- calls
around hh triumphal eagles the happy yorifj,
who are destined io conquer under his or—
rless. It belongs to you Mr. Bishop, to pre-
sent to the men confided to your pastoral
care, the imposing reasons of a measure which
anticipates only a few months, the erdini
march of the conscription, and of which,
infallible result will be the happines -
France, and the repose of the woi
belongs to yon to manifest the pater;: „1 or
benificent dispi or, and
to support with all the authority of religion
the sacred duties which binds subjects sa
closely to their prince and country. It be-
longs to you in fine to inspire by your-in-
structions, those noble and elevated se:
meats, which are the source of so many
military and civil virtues, and which cousti-
tute i'.-He courage, *ha.t generous i
ness ofstro. ith,
that thu Gtid or' our father conducts our bat-
talions ; be has s.mcti 'ed with the divine
blessing, the vast and magnificent projects
of the august monarch, who has reared his,
alters from the rubbish of revolutionary im-
piety. Our armies reckon as many heroes
as soldiers. TUt colours under which you
are going to conquest, are the colours of
peace. You go, only to establish that desrtr
rable object. Public hope will no longer be
deluded by perfidious truces. The emperor,
wishes, that you should bring back to y-'ur
citiesand your families, a solid and de.si.a-
ble peace". It is then, that he will be eua-
bk't! M realise that mass of good, •which he
is determined to accomplish for the days of
hilre/wse. Lot us then one and all study
by our zeal, by our devo*:edness, by on*
love, to shew ourselves worthy of the high
destinies to which providence has Called us
in giving us a sovereign, before whom the
earth Is silent, and who, in battle is always
preceded by the angel of victory.
Receive Mr. bishop, thu assurances of my
distinguish- d :.o.,.',\-ration.
(Sigi PORTALIS.
Arrived, the ship Nancy, Sheffield, in 36
days from, Valencia, via New-London. Left,
ship Ann, Sturington. in 10 days for 1-.V.V-
York. Sailed in co. with brig William, for
Salem ; ship Damiscotta, of Bristol, for liar,
celona. Feb. 11, lat. 80, 19, spoke the sch'r
Betsy, Smith, of Philadelphia, 6 days from
New-York. 13th, spoke a ship from Charles-
ton, (of Newburyport,) bound to Liverpu
The British brig Friends, Robinson, 34 -
days from Montego-Bay,. Jamaica.
The sch'r Apprentice Boy, Fulford, 10
days from Newbern, N. C.
Cleared, ships Brilliant, Giles, Cherbourg;
Mouticello, Kearny, Amsterdam ; brigs Ce-
res, Shepherd, Guadeloupe ; Fame, Ham,
Savannah ; sch's Jane, Bell, Si. Jago de Cu-
ba ; Kary-Ann, Crooker, Savannah ; Con-
cord, Shepherd, Petersburg and Richmond ;
Rising States, Wood, Charleston.
The ship Susannah, Wilson, of this port,
from Lisbon, has arrived at Wilmington,
N.C.
Kingston, Jan. 16. —Arrived, sch'r Hun-
tress, Allen, Boston, 15 days ; sch'r Eliza,
Scott,New-Orleans ; and sch'r Felicity, from
11 :/t/more, for the Cape, re-taken from the
French by the Hebe frigate:
MOnlt :"<-i*, |
