-;!'. ... .: -' " - j fHREB DOLLS.PEa Amr. PUBLISHED (weekly) VtiUi BAVL'V $. W. CLARK, TUESDAY, APRIL 7 1804. vol. rux. no. 380. N r 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

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