which he was indicted, as that act only applied to British subjects; that the prisoner was a Dutchman his counsel said would appear from the proofs that would be adduced of his speaking Dutch, and of his knowing events in Holland which passed when he was a boy, and which he had conversed about with gentlemen years before, who would give it in evidence. Samo also had a Dutch passport, which was considered very sufficient proof of his nationality; his counsel, therefore, hoped, that, under these circumstances, the Court would not pronounce judgment on the prisoner. Witnesses were called up, and Mr. Vaneck was sworn. He believed Samo to be a Dutchman, because he spoke good Dutch, and had often talked to him about Holland, and events of the civil war in that country. Mr. Walter Robertson swore, that he was inclined to believe Samo was a Dutchman, on grounds similar to that which supported the belief of Mr. Vaneck. A passport was also produced, purporting to be from Surinam to New York ; this was attentively examined by the Chief Justice, and returned to the prisoner's counsel. Surinam was at the time the passport was dated in the possession of the Dutch.
Mr. Biggs then rose on the part of the Crown, and said—My Lord, in reply to the arguments of the prisoner's counsel in arrest of judgment, that, though they were forcible, they are not convincing; the onus probandi lies in the prisoner; he asserts he is a Dutchman; he must prove it; how has this proof been attempted? By shewing that Samo can speak Dutch, knows something that passed years ago in Holland, and has a Dutch passport. Indeed, my Lord, speaking Dutch is no proof of being a subject of the Prince of Orange. Knowledge of events which happened in Holland may be known to an Italian; history,
