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fHREB DOLLS.PEa Amr.
PUBLISHED (weekly) VtiUi BAVL'V $. W. CLARK, TUESDAY, APRIL 7 1804.
vol. rux. no. 380.
N
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it
DOCUMENTS, j . the district attorney of the United' States of -which this deponent answered in the aP
Accompanying the report of trie Committee ap- America, in and . ior the Delaware district, .firroative, judge Chase further observed, that"
; pointed to enquire: into the cjpciai conauci oj
for the; district of Pennsylvania, that the-
courts of the United States could not take '
SAMUEL CHASE If RICHARD PETERS.
cONTINt'ED. .'. . , "'.
at a circuit court of the -said United states, ; ;is so, and one of them,; it report does not '.intmihnr nf offences nt rnwimnn i;,. in
holden at New-Castle, on the 5.7th and 28th much belie 'him, is a seditious printer, and the case of the United Statesof America a
ofJune, 1800, in and for the said district, by must be taken notice of z I consider it apart gainst. WorreT, 2d Dallas's reports, 334,
nnrl lipfurft Snmut! Chase, one of the iudires of mv dutv. and it kH.tII nr miist h hmujv' . a "J - h
...... r - - - - v - ........ "umtii. wiin wiiiiii. mc uiajiu lury ucciuiinvr Ultm-
'.. . J.:-...1.M.....:in-!i,.j Ci.i, a,iu:.. :i. m.. " . J
; . . . oune supreme counoiuicsuuivjuucuiua mm in jourmuy, ivir.miorney, to examine selves sat s ed. l i s denonent left iht -m. tiul
Interrogatoriesiexnibited ohth'e part of the and Gunning Bedford, district judge of, the minutely and unremittingly iiito .affairs of returned into court, and the said , file of pn-
i House orRepresentatives to George Read, United States, aforesaid .for the said district, this nature; the times, Sir, require that this pers being oon after sent and laid on the
Esq. Umted States attorney for the district 2. To the second interrogatory, this depo- seditious spirit which pervades too many of table within the" bar of the court ; jiuW;
of Delaware and Robert Hamilton, Esq. "nent saith, that he was present in court .on our presses should be discouraged and re- Chase observing it, asked this deponent
late Marshal of the said district, ., in the' the first day of the said court, mentioned in pressed. Can you not procure seme of this what had been done, and whe ther he or the
iVutter' depending before the committeeof this deponent's answer to the first inten ogaA printer's ptpers between this time and to- grand jury had discovered any seditious pub
the house of representatives, instituted to tory, when the grand jury then and there at niorrolv morning, and by strictlyy exami- - ligations, to which the deponent answered,
enquire into the official conduct of Samuel .tenging, auer naving rcexiveu a vumbcjivm "i,r " om wneuter nc i;cs be;iv. none of the character which the said court
vhase and Kichard feters, -Lsqr s, or -et-ther.of
jhem. '
'1. Were you present at a circuit court of
the United States holden at NeNv-Castle, in
the month of July 1709, or 1800, in and for
th z district of Delaware, before Samuel
4he said Samuel Chase as preFidingjudge,
retired to their room, and also when theyre-'
turned to the bar of the said court, tt ,. f
3. To the third interrogatory this depo
nent saitlvthaC the grand jury, through their1'
foreman, upon being asked by the clei k the
Chase one of the iudo-es of the snnreme curt question stated in the third interrogatory, did
of the United States for Delaware ? .answer, that they had found no bills of in-
2. Were you present When the grand jury dictment nor had any presentments to nlake.
r"erhavinc received a charrre : from the said 4. To the fourth interrogatory this depo-
muel Chase, retired to their room, and al-. nent saith, that the said Samuel Chase, did,
when th
3. Uiu the sauHcrand jury.
guilty oi libelling the government ot the U-" could take cognizance of, unless the taid
nited States, or some of the oflictVs thereof, paragraph, which this deponent then sub-
j iiih, jrbaj rir, ...must oe uone ; i think it's mitred to the inspection of mdgc Chese were
your duty. J hat this depont nt not appro- ' of that nature j and fclter he liatl reaft it, this
tingof the manner in which this stibjtct was dertonent repeated to the s:,id court the came
pressed upon him, lien staled to the, judge observations herein before staled to have
11 substence, that he was well acouainUd Wrn made hv himto the prantl inrv on the-
ilh the .duties of his cilice, and would cer- subject, with which the said court acquies
inl'y perform them, but that he iiad never cine, the business was cassed over with n.vch
een in the practice of hunting out o'd'ences ;r annarent cood humour en the part of.iudee
lhat he hud not in 1 is possession the naners Ch2se and the p-rand iurv. soon after re-
' . . . r - o j ' z r - "
::y returned to the bar of the court? on receiving the answer trom the grand jury alluded to by the honourable judge, nor had turning to the bar, were discharged by the
he said crand jury, through their menuoneu in mis oeponcm s answer -10 ir.e he read thtni ; it, however, this
reman, upon beipg asked hy the clctkofthethird interrogatory,'! observe to thut body hould be furnished with them,-he would -prcseiitmtl.ts-
dtponcnt court, w ithout finding any bills or making cny
; aid court, whether they had any bills of in-
' ictment. or presentments to deliver to the
uaid c"iu-t,ajiswcr. that.: they. had not.?
,t 4. Did the S'.iid Samuel Chase, then and
there, in your hearing, observe to the said
prand jury " That he had understood that
here was a great deal of sedition in that
itate ; that there was a very seditious prin
ter, who resided in the town of Wilmington,
and whose name was" but checking him
m his hearing: -PI hat he had been mtorm- nn.ke the examination f.iul Communicate 9. To the ninth interrotratorv tlm deno
ed, orheafd, a highly seditious temper, or n ith the grand jury on the stibiect.: Judcc nent saith.it containinrr onlv matter of iv-
disiosition had niaiiilesttd.itselLiii the state. - Chase then-said he was satibfied,-nd turn- fcfl'tnce to the "8th inter; ogatoi y," isalready
of Delaware, among a certain class of people, ing to the grand jury, observed, that they , answered by the answer to that iii'teri'oga-
vvuiuiiwi iw viMtviiai gt) uiivi uw vl iiivuii" iUI V
venitnt it may be, they must attend on the
subsequent c'av, at the usual hour. Judge
particularly in New-Castle county, and more
especially in the town of WilnYington, where
lived a most seditious printer, unrestrained by
any principle of virtue and regardless or so
cial order " lhat the name of this printer
was" (Here the learned judge paused for a
Chase then directed that a file of the said
papers should be procured and laid before this
deponent. The newspaper, the files of which
Aietf,sai' p-rhaps it might be going too far moment, -and then-observed)'4 Perhaps itere lefencdlowas-then understood to be
to mention his name" or words to that ef- might be assuming too much to mention the that which was stiled " Mirrtfr of the Times
t. . . ... . .r., i... : . i .. i g , i . ft "' i" ' 1 'i i'
10. To the tenth interrogatory this depo
nent saith, that he doth not remember to
have he ard judge Chase,' at any time, make
use of any expressions of the nature alluded
to in this interrogatory.
: G. READ. .
f feet or what'other words did he use on that
If subject?- ,
I 5. Did the said Samuel Chase then and
i .y. there further observe that he would not con
i i lent to discharge the grand jury on that day,
, " although soltc.iitrl ty several sowdoi nd
' did he direct them to attend, or. the next day,
i for the purpose of examining, xr fiic of .the
paper s pul)lishel by the said printer ?
6. D''d he also order the said district attor
: ?y to procure a fill of the said papers, to be
, 1 'd bwfarc the tul grand jury, and were
tl-ey procured by him and laid before them ?
. 7. Did the sai l ;;ra.l jury, on the next
.dar, return into court after having exarrrned
a file of th '..lid p ipers, without any hill or
present nu-nt. an. I were they then discharged
by the court ? ,
8. D yoii know any thins further rela
tiv!,i ti.L conduct of (hi-said Samuel Chase,
' Ot-do yoit rirullvc.t any conversation on the
s Mi'v . ct w hich to';k place in opt-n court
' tweiim'ic s i'ul SjuHitl C!iac and the -said
pud j'irv, or the said district aUorm-y, cr
,tt.ei.ft:ii ?
i 9. I't-late the same fully and at large, ai if
O't were thereunto particularly inttrroga
ed? , ,
I to. Did the said Samuel Cha-.c, at ay
'imt, express I iit surprise at the conduct cf
he said rr.ind jury, and oWrvo tlut whilwt
niiu federal state of Dtl uvare he could not
t a vdiiiom printer indicted, in Virgin'n,
! red J not only get them indicted, but enn
vii.'s;.! and punf.hed,t or Avrds. 1'J lhutcf
fccli . ---' '- -'- --. -
I . JOHN UANDOUMI,
t Chairman of the Cammittee.
0 , i H. id, ft'orn- r of th? United States
1 .f .n-nr;i in ,ind lit the Delaware div
I tiiri, rcMilm in the town o( New-C.w1s
I W: s.'i 1 diuirf, acd .".7 ytfars and up.
'y i' ii, hin;; p)dirvd, swum snd cxami--.d
o'lt'. f annetcd interrosralorics ejihi-
-!'.'.. l ii iht prt of the H'uc of I'cprc
and General Advertiser ;" but the deponent
dots nut recollect that this title of the paper
was at the lime mentioned by . judge Chase ;
and this deponent further saith, that a file of
the said newspapers was procured by some
persn in the. afternoon of that day, after the
.adjourn. iK-nt uf itic .unri, and delivered to
hitnthat after examing the file of pajieis
for voinc time, he discovered, no libillous
malti r or any publication coming within the
p'ov isions of the sedition law thai this de-
name of this person, but it becomes your
special duty, and you must enquire diligently
into this mutter." That although this de
ponent will not undertake to say that every
word, as here set forth, is precisely what the
honourable judec expressed ; yet l.e is per
fectly convinced that the languaee Is-jor
most part, what was .used by the mid judge,
and the ideas conveyed by him ct the time,
prcci-iely what the context import.
5. To the fifth interrogatory this deponent
'snith, that .several members f the grand mnent conformably to the directions of the
jAdge, sent on the next morning the said file
cfpapirs to the grand jury then assembled
ii their room.
7. To the seventh interrogatory this dtpo--lent
Siiith, that the said grand jury did, after
xamining the s;.id file of papers, return in-
, to the said court, then convened, and in an
swer to the usual questions put by the clerk,
said through their foreman, that they had not
agreed on any bills, nor had they any pre
sentments to make.
8. To the 8th interrogatory this deponent
saith, that soon after the saidourt had enli
vened on the morning of the second day of
the said term, this deponent ot the request
jury on the behalf of themselves and their
brethren, r.id, as soon as the said judge had
closed the observations detailed in the answi r
tothe fourth interrnjatoiy then and there
earnestly request the cmu t lo tHsini them
from further attendance on that duty, men
tioning to the court, as a reason for the re
quest, tlrtryhey were generally farmers, snd
it being the season of harvest, their personal
attention was most requisite on their larms ;
to which the judge replied, " that the busi
ness to which he had called their attention,
was of a most urgent and pressing nature
ami must be attended to, that he could not
therefore discharge them until the ensuing
day, when further information should be
communicated to them on the subject lie had
The preceding anwvjers to the interro
gatories annexed, were duly taken, s'worn to,
and subscribed by George Head the depo
nent, on the 31st day of January, in the-year
of our Lord, one thousand eight hundred '
and four, before
ARCHH1ALD ALEXANDER.
Schcdtd (A) rfiTitfI tt, in flHead' n.
swer to the 8th interrogatory. .
Extract from the Newspaper stiled the
Mirror, Sec. printed at Wil-
f mington, of the date of
June 21, 1 800.
Tor this time we shall dismiss Mr.Pirk;
cring, because we have t about forty other
"friends of regular government to bring in re
view, and to account for themselves before
the public, whom they have so long disgrace
fully flattered, while they betrayed.
44 Judge Chase has laid down a doctrine
which must cover him with infamy, as dura
ble as the history of the man and the trans-
action ; he held up the doctrine that public
records, were not to be brought forward in a
court of justice, though they were alledgcd
to contain truths, which would bent fit the
country, expose the hostility of persons to the
of the grand jury, attended in their rom ; government, or prevent nbuses. If this
when the foreman of the jury directing the judge's doctrine were to be tolerated, theser-
attention of this deponent to a certain para- vonts of the people might forever hide tr o
rifrrrrd to." or words to thai i fleet but
this deponent did not at the time hear the gruph in a publication contained in one of enormous abuses. Wc are therefore, deter
jude say that his detaining the grand jury the said papers, dated the 21st of ,'nnc, mined to face the docttinc of this arbitrary
wa for the purpose of examining a file of
j.ipcr published by the said printer.
6. .To the $ith interrogatory thisdrponmt
sail h, lhat immediately after the conversation
mentioned in the answer to the fifth inttrro
gntory had been terminated, the said
SttnuvlChusc addressed himself to this dc
pniicnt.who then aho was the district" attor-tv-y
fr the said district; and asked him
w hcihcr he had any criminal charge to prefer
ti the grand jury, to which this deponent re
plied, that lo indictable offence bad tome to
his knowledge and he had no reason to be
lieve that any business of uch sort could or
1 800, and republished from the 44 Aurora" a judge, and to stfiid upon the ground of jus-
true copy whereof is contained in schedule tice and the decision of the people, who have
A.aniuvtdto these answers,, ni d lo which the power ofeUpriviiijj thec men of pouer,'-
thc deponent refers reflcctlngin" Very strong "who have abused or proved incompetent to
and pointed language ou-former r nduct .f the discharge of their truit.
jnd;;c Chase ; observed there i a difference 44 We hope the day is net far off when
of opinion among the members of this body, judge Chase will be inpeathed for thii and o-
with regard to the nature of that paragraph, ther aibilrary acts of his."
. . . a a
whether libellous or not, and aunojign u
were a libel, whether it would be proper for
th? grand jury to prtscnl it os such to the
tinuit court to which this depthent an
swerrd that he bad adverted to the para
t'lnnh the rrcccdintr day, and further c.bser-
Interrogatories exhibited on the part cf the
House of lle-prcuciilaiius of the U. States,
to William S. Middle, -touching the official
conduet. of Samuel Chase and Richard
Ictrrs, l'.squirts, or either of them.
I. Were you present at the second trial of
for treason before the circuit court
c itu ing term of tho
"...i .!-... ftf tK. u r..rmddreouire the atttndnccofa in- ml, it would rot be necessary for him to
' . i " . ' . . .'... . .r i.m i.rm rn i'intv. Sir. ol. i''u c ft otMiiion to the turv. whether it were Johnlrui
.. i ... .. ' .. . ... .... 1 :...!.. r 1 ,... m'.,i,i W imrth hi bl.e 011s or not. fir that in whatsoever br.ht of rcnturlvania, at tl
I c,;-,ireii, th . i, , l Kt of Siinu. pmper res.arches, Make some dWcW.cs.-- . it n.iftht be considered, the said court nadd ycaH ? .
Ulcnaa.JKud t- , Ls U. or Is e von r.o person, in this Ikiawaul take no cognit.mce of the matter of ,, as ,1 2. Have you a cor ect
r.,. . .. ' ,-Mr,ur . . ,..:, .;rrM, .rsriirr to was not w thin the nromions of the cdiii.n of the court delivered in
ntl" T OI .t. IKl -VI I'll ill A C'ntnHn IJC win na. in. 11 r... r , ., ,
:U t..Uin 1.. t !..... if .r. 1 . l.lihr ..lmlnie! ration ofthc cov crnme nt of law, that law not embracing cases of libellous sel for the prisoner at t
... .f..-...i v 1 1.,., ir.ht. Sir. Mit.lieitions otrainit the tudecscf the courts 3. How came it tn
i . iij in i.i i ? i i in i i i"i ii biii iviiia iir v j nut ii uitiii i i ti . . .
continued i'u'sie Chase, and the general cir
culation of the re pnrtindurcs inc tn biliec it
true, tint there is a printer in Wilmio tt. n,
wh' putdWhrs a most scandalous mid seditions
L To th fi.st int-rr'itoty this lU-nwut piper but it will not d.ti tnctition namc ;
present in the chatactcrof have you not two printers in euae
i' r, of tS? co'Hiiif of NVw-CimJc, ;cntlc
l i.n.nf eith:r of th;m. krfnrt Vis still
A'c'i.'i d t Alvxsn.l.T, one of the s iid ciiit
t l"i i ii-rs. Ic'wi.ct'l as f'dJ.incth I ' .
of the United Stales, and so not bytr.jtr.g
nimble as an oflence by those courts by
siituecfany nets of Congress the said cir
cuit cmtrl could not take cngnlinc of it, os
sn oiTcncc at common law ; judge Chnc
himielf having decided in the circuit couit
copy of the opinion
writing to thecoun
hat trifl I
your possession. 1
4. Are vnu cenfident that the -eonr whi h
a at.
you now produce, is exactly correspondent
with the briVtnal f
. j JOHN RANDOI.ni
Thomatsl.tiptr Nihlan Duhtion, . -i
1$ bt tor.ttuJtd in out next
V