' bers to go out. 
STATE: PAPE RS: 
bers constituting the legislative body 
shallgo out. ‘The first vacating of 
seats, shall take place on the 15th 
of November, 1807 ; and on this oc- 
casion, lot shall determine the mem- 
The persons going 
out, shall always be eligible again. 
; FIFTH PART. 
S Of the Judicial Power. 
Art. 1. The judicial tribunals shall 
_be continued as established in the 
year 1805. 
2. The king shall, with regard to 
the judicial power, exercise all the 
rights, and all the powers which were 
assigned to the grand pensionary, by 
_ the 49th, 51st, 56th, 79th, 82d, and 
87th articles of the constitution of 
the year 1805. 
3. All that rélates to the exercise 
of criminal justice in miltary affairs, 
shall be fixed by a particular Jaw. 
A Proclamation by Thomas Jefferson, 
President of the United States of 
America. 
Whereas satisfactory information 
_ has been received, that Henry Whit- 
- 
by, commanding a British armed ves- 
sel, called the Leander, did, on the 
25th day of the month of April last 
past, within the waters and jurisdic. 
tion of the United States, and near 
to the entrance of the harbour of 
New York, by a cannon shot fired 
from the said vessel Leander, commit 
a murder on the body of John Pierce, 
a citizen of the United States, then 
pursuing his lawful vocations within 
the same waters and jurisdiction of 
the United States, and near to their 
shores, and that the said Henry 
Whitby cannot at this time be 
brought to justice by the ordinary 
process of the law. 
' And whergas it does further ap- 
701 
pear, that both before and after the 
said day, sundry trespasses, wrongs, 
and unlawful interruptions and vex. 
ations on trading vessels coming to 
the United States, and within their 
waters and vicinity, were committed 
by the said armed vessel, the Lean- 
der, her officers and people; by one 
other armed vessel, called the Cam- 
brian, commanded by John Nairne, 
her officers and people ; aud by one 
other armed vessel, called the Driver, 
commanded by Slingsby Simpson, her 
officers and people, which vessels be- 
ing aj] of the same nation, were aid- 
ing and assisting each other in the 
trespasses, interruptions, and vexa- 
tions aforesaid. 
Now, wherefore, to the end that 
the said Henry Whitby may be 
brought to justice, and due punish- 
ment inflicted for the said murder, I 
do hereby enjoin and require all offi- 
cers having authority, civil or milita- 
ry, and to all other persons within 
the limits or jurisdiction of the 
United States, wheresoever the said 
Henry Whitby may be found, now 
or hereafter, to apprehend and se- 
cure the said Henry Whitby, and 
him safely and diligently to deliver 
to the civil authority of the place, to 
be proceeded against according to 
law. 
And I do hereby further require, 
that the said armed vessel the Lean- 
der, with her other officers and peo- 
ple, and the said armed vessels, the 
Cambrian and Driver, their officers 
and people, immediately and without 
delay, depart from the harbours and 
waters of the United States. And I 
do for ever interdict the entrance of 
all the harbours and waters of the 
United States to the said armed ves. 
sels, and to all other vessels which 
shall be commanded by the said 
Henry Whitby, John Nairne, and 
Slingsby 
