Page:The Supreme Court in United States History vol 1.djvu/140

114 But if they were already sunk to a state of degradation, were they punished when the offense was committed, if indeed it could be termed an offense to engage with France combating for liberty against the combined despots of Europe. * *' ^ Washington and his Cabinet took great interest in the case; Hamilton drafted an indictment and aided in the trial; Attorney-General Randolph argued the case with the United States At- torney William Rawle. For the prisoner, Peter S. Du- ponceau, Jared Ingersoll and Thomas Sergeant ap- peared. Judge Wilson (with whom Judge Iredell and District Judge Peters also sat) charged the jury with great positiveness that Henfield's act, if proved, was punishable in the Federal Court under the law of na- tions and treaties of the United States, even though Congress had enacted no statute making the act a crime. "This is a case of first importance,'* said Judge Wilson to the jury. "Upon your verdict the interests of four millions of your fellow citizens may be said to de- pend. ... As a citizen of the United States, the de- fendant was bound to keep the peace in regard to all nations with whom we are at peace. This is the law of nations," and he pointed out that if citizens could take part in the war on one side, they might on both sides, and that their friends who stayed behind also would not keep the peace, " and so civil war may result." In spite of this charge, and the certainty of the evidence, the jury acquitted Henfield "amidst the acclamations of their fellow citizens."^ While the result of the pros-

1 Life of Washington (1807), by John MarshaU, 11, 273.

"It is said the 'juryman that opposed the acquittal of Gideon Henfield upon his final compliance infonned the Bench that he was induced to the verdict because he heard thieats made out of doors against anyone who should oppose the acquits tal." MassachuseUs Mercury, Aug. 9, 1793. The National OazetU said, Aug. 17, 1793: **The toast of the day in all republican cbcles at Boston is, 'the virtuous and independent jury of Pennsylvania who acquitted Henfield.' " For account of the trial, see Oeneral Advertiser, July 80, 31, Aug. 3, 1793 ; American Daily Adser- tiser, July 3, Aug. 8, 19, 1793; National Gaxette, Aug. 8, 1793; The Diary or