Newspapers / The Raleigh Minerva (Raleigh, … / March 26, 1804, edition 1 / Page 1
Part of The Raleigh Minerva (Raleigh, N.C.) / About this page
This page has errors
The date, title, or page description is wrong
This page has harmful content
This page contains sensitive or offensive material
A .Two & 4 riALrf H ' ' " ' it I C. Pajtattt halJ X wrry. i j ' .. " TUBUS riS'i-'tWEiisfl.'VV : BY WI I&I A jr'BOYLAW 8. - .' - ft . -tt. :.;. , - ' , jj T ! ". :, .. - Vol Accompanying te Report of tht commltht ep' pointed Jo enquire into the ofkiat cvnduEl of SAMUEL CHASS & RICHARD PE - TERS. - : Interrogatories exhibited on tie part of the H$nfe of ReprefeHtaitvei to iVilliam Lewit and Alexan der James Dallas , upah the enquiry intv iht ojji dal couJuH 'of Samuel Chr.fe and Rkhurd lye- Jerst ur either of them. ' ' i aflbdate luds of the fuorem ccruft'of tatid Tmce their firuatioii 'was renkfecf ; o0id afUgn hitivptiitt couicJand a . i. Wcrcyou prelent at the trials of John Fries tor high treafon,t in the. cir cuit court of Pennfylvaniain the years j 799 and i 8o. 2. Who prefided on thofe trials ? . 3. What Wiethe circurnftanccs, ge nprallv. vvvhich attended them ? 4. Were the counfel for the prifoner, J at the hrlt trial, permitted to argue the point whether the offen :e charged a .mounted to high treaion ? 5. Were they prevented by the couTt from arguing that point on.the feebnd trial? .-r , ' . -I . T " c. v as me pruoner conaemnea witn- cut countel being healrd inihii defence I : 7. Did any correlpondence ever pa's between you and the Executive of ihe United States,. on that occasion ? and if any, of what nature ?' . S. Is that -corrufpondehec now in your pofliflion ? .. 9. Relate every thint? within, your-knowledge- whijh happened at the laft , triStlj , 10.- Are 'you acquainfea w ith thecir-. cum fiances which attended the trial oi Thomas' Cooper forfedirion, 11. Relate thofc cirunvltances ?.'; . 12. Was a ubpeena to ivtRimon any witnefs in behalf of the acctd'ed refufed? how ?.and by v.hom ? The ankvers of William I.Cvi to the enter" rogatories exhibited to hinrMi the part of tie Hmfe of Reprefetitnt'wes upon an inquiry ui to it official andiicl bf S.i'met Cj.e unci Richard Veterj, or either of, them. x L- WilliamXewis, of the citv of Phila delphia, being one of thofe people catf- eU (Quakers, andCDnlcientioully Scrupu lous of taking , an oath, on raf loleiun affirmation declare & allirm as follows ': - 1 hat I was prefent at the trial of John Fries., tor treafon inthe circuit court of Pennl'ylvania, in, the year 1799, and af lilted him ashis counfel, at his reqiieit, and I lelieyeundeT ana'lignment:for that purpoOf by the.'O urt, but I have no re collection of having becnat prelent at own conftirn fi.n and la w by the uing the extravagant , '.TTrrths which courts in I'p Kfand frud '.'one 'under the ftatute of iand at the fame time; "deliveted hinifelfji ward, the Third before the tu'lwere in -fiibftance.afid as' nearly as can be rev ?i''e;v?rident, and when many of the con- collecied tooths, toliownii; eii jet : 1 bat j hrtiftln whicji prevaJ auhis day were he underflood or- had been informed. efn1ifhed ; that I deemdt it the rrghf.'of that on the fornvjr trial "or 'trials, . there 1 6 .T";ifel to th w t h innd ji: I' wits dtairiy LhadJseeirJ .."iyiat waftc ot tiirie, by counfel r e.! of it, ;vnd it the court had jnadedili matinrr Inno' liPrt'hrs fr the lUt v iin''th. ' tl ir min rrt ihi I j'.v lff(jff tMf uifv - ters which had nothing to do with tre R:ven and before the pvitifner's counfel bufiriefs before the court, ai'd lie parti- ( had been heard,' and iRfi counfel were cularly noticed in (long & pointed 'term. -now'' to be rclii iriii the manner tie of dilapprobatipn, their haViiig ij,ea''dv:T'tlared byjudp:eGnafe, I defpaircdof be- and I think . having been pernjiited ,to ) ir abb to rtsfcilet ihe smt any fcr. flbfiafe Judges of the fuprem court of latid.fmce their the United Stete3, - and the honpraiS? had been able and upright Richard Peters, ;judge.of the triftirdiJ'n follow that therlaw of ttean court of Pcnnfylvania, in, the latter enttl ai tattled irithat country vwaapplicaye ; of April or early in. May, 1 800. :v5lMr?'.f fee'rebecau(eJt jre jadges there had tince ; Dallas and I were the counfel of the pru the revolution, "and fince their in depend foner at his rejjueft, andf believe by tHc deYrce? held themfelvein ! rnan'y parti appointmyit of the court. On-:the-ir'ft icttlar.8, -tttadljyWmeec.itions, but of thele days, when ( interred the court j'lha't our judges were not hound by thejn roomlhe judges w ere on the bench, in the conltrdclibn of uurofT the jury were foon after called and many our own, and that nhercfore Could not of them appeared, lam unabje. to lay fubmit to the doctrine, 'Uiat'vv hat ever whether lohri Fries was at this .time in w?,s the prerent -law of treafon in Kiir- the bar-afligned for criminals or not, . land, as to the levying of war, was the but. if he was not then, i feel Pure that ' law- of treafon in this cuntry. Tha t it he was placed there in a fe'vv minutes at- twaHmpTtafir to iuard aril.ebee'inning ter. mr. Ua'taswas not at tnio. time n-j sigainlt a latrude 0 conttruaion of our court, ana bekre lie came, judfl!e (..hale handed or threw down to Mr. Cahiwelf the clerk of the court one or in ore papers,' read certain parts of certain statutes of iVice, asjjiese was but little,. if anv, dif the United States, relatmg'io crimes leis , pute.s to the bcsird bis-cafe. tie than treafon,. in order to fliew that the j.pera4edjn.a,reat"inefure, ifnt al'cge pnfon'er's cafe canie within them, .and lher, on the law. It is inipofliblefor nie which liefaid, he or the couff I do not ' at ilvis ditlanceof time to rixjanhe pre recollect which) would not ..fuller tdoe i cife wr-rds that were made u!e of, in fo fudden and uncpt'ded an altt rcatum, hut I feel crniiJenf that ..Lhive luted ihe fubltan.ee,.. and' inofbtnateiial parts, and a'though I am not "cowfeiou's of ir, "; it is iVMiirlc tii.it lomr'paTiTi ot wliat-i nave 4 00 any part of his trial for treafoifin 180' 't hat the firlt trial was beiorethe ho norable James It edcll,ond of the aflyci ;ue judges of the fuprerVie court ot the United States, and the honorable Rich ard peters judge of the diflricl "cpiiil of Penniylvania. That Mr. Dallas, Mr.' W, Fwing k I were council for the prifoner, & were permitted freely to produae every authci. llili ''d.tdjiirgi' jeyery arlg'ument vhierr r- we thought proper, and relevant, on the Ja w as well as the facls,' to prove that the oilence didnot amounf to treafon, that ihe.trial was conduSed to the bed of mv - i udgm'ent ana! ; belief,;, 'with moderation, j . panence. ana inauigence, anu 1,00 jioi y recoiled any thing to have . taken "place . during the trial, tnat feemto me.to me lit particular notice, except. "that alter i he prifoner had been convicted, a new. t: t rBI VvasiSahfed.,; on the niotion af Mr. lXdhs and myfelf ; principally, I believe,' on the ground: that one" of the jurors,. after he" had been fum'mbhed, ' and be fore he was Avori had made deelarati- ' ,ons, mani'eflingrejudicatiortlof the zjcaJeJigainft the prifoners in genefal, and more particularly fo, againlt lohn t'i ies. read asam.'as th.-y Paurnotninir to vvith' the que'.tion. J le ader that ye are judges of the law andwulerftand it,' or we are not fit tofitjrere; thaf caffcfs ar theco.frfmon lawor under the Itatufc law of Faigiandftjv'oiis to the Kngli (!i revolution, bc! no.hi.ilgf 0 'do -u'ii h 'the quell ion,snd 1T1 at 1 1 1 e y would 11 r, t Suiter. thenirfie read ; 'that they had made up fh-ir miml on the law, and had reduced rtf to writing, itr.u mat we coumcUniunt .concucUntinlclvus accordjugiy, omm- j :hp. lormably to it ) he.or,lhey hacr ordered copies of n ;o be made, anchrra- of ihun to,be delivered tothe courde! in fuppor't of ihe profecution, and iinoihcr to tile prisoners courdv, and that as foon as the cafe was opened ir gdiie-tlirouph (l am hot lire which was-, the expreflioii,) on' 1 he part o( the iMofecuti' n, Te or they 1 am" not certain which Ihould order one to.be delivered to thejuryv lle alfo add- nar-iT iwti'.ngo any iauit-To nrjM wi tli.it inenMoned as being faid by ine. palled on f.he ferond an lHbt 01. the firlt d.'v. n .'.L'f Chi ri- a nDA'-fiii 1 v hea-d irti? u it h ! impatience :( I mea-i an the fir(l"3ayl and j moil certainly with(wt f(.:mipg to pay J fuppefed tbar the reaion which infla. ,'. encea tnecopuuet oyvirjj juaira-pt oic fliould equal !y apply to ibeni, Idvii'ed him not to accept' ot it, " and he'agreed to follow my advice. - ' U hen I have faid thajt Mr.- Dallas and I told the prifoner, that if he infilled on it, we would go on in his defence, I am -not 10 be under flood 1 rharwe would have done it, junder'the reftriftiontvhich had ; been at tempted by Judge Chafe,but thar .we. would have gonepifin the ulualnan ner, and m the ejcercife and emefyrnent of all our proftilionalrightfntil we were flopped by the court, 'and io far as concerns invlclf 1 feleurhiy declare, that if 1. know my ovvn,tnind, I would have gone on in thisway, or not at all ; that I would :nojive-nattte4r-furreudered any rne ot'the. ilijjits for. which I con- fended?; that I held hem and itill hold tlieWfii (a ;red, that I fhauld baveoci lift- irt them u::dl 1 was 'topped by an ac tual eKerciieof t he authority of the court. and taat4fi had takeai plaCey-naUiMis cou ra nave 1 ira ticeu c t u ua v c- iunlu-r, whatever the eonltcucnce might have bevtti ' - f. , . I lvintr. as I believed, with Mr Dal las, iaifhluHy done ;iir duty on the firfl .. 1 1 . 1 -L .. ... x day, and latished John .I'neottrie prp m iety of our conduct, ana prevailed on hihvto follow bur adiie .l'ienpdcotrrt" the 'next .Jay with a mind hmewhat m- elillerent as to . whaunighptake place,, & 1 be! eve intending to pdthcr fay nor do any thint? more than to inform the court, that, nether MrXDa'das nor I was any longer the qwittfei for the .-prifoner, and that' vvc'fHm)d;:take no part in his de fence, oon after the opening ot the cor44adge ChiiteaddreiringTiimfeli to Mr. Dallas and me, aiked if we were ready to proceed ;-on.which lanlwered, that v. t vvffe. no "ioneer the prifoner's .counfel, & Ibean toftate inafew.words our reaibns for our withdrawing our. felvrs from his deitn.ee, -when 1 was in- tprvinveif hv his telluip: me, xpat we o -lis- ' iminr crf oil lit our uvvii wtij, w fi-ti-' U 5n "rk- ftnc.Vnf 'ihp 'iuf.nVfs. T wr's. ! cd. and that the court would hear us,. .buck wiih.ihe idea: that ifiudce Chaie and to the beft.ot my.ieco lection ne ex in, 1 tin hie tttinA 'tm th Jjtv Itu-i ' !r,iviJ I a in !tl t in ter ins w hicfr eviden not l.ke'y that any thing which Mr, ! )al- ! fiie.edn winmgnefs, thar we niight. go the obiniori'bf the coUrt,""?or had anv-that it woukl thing to ti.yjun tholaw, to lhinythat thoV v ere wrong rtr liad ipiifaken if, we mu ft addref:. oiniclves to the court, and r.ot tothe'jury. 'Aboui the time when judge Uhaleegan-.fcHpeaJv, trie one of the papers. If. I looked'at it., it. has efca'ped my recollettion, but if 1 did, I nm CQiifiderif that I read but a ve ry fijiall part of iraXniyttentron was immediatfjly engaged .by .the declaiations made by judge Chafe, aiidI very fbonJ tnrew it irom rae, ueciarmg in court. bsbr I cold li.y wmifd Itei it ; and mat j if'Averu'-iMidrevv Irom. the prifonei's de- ! 1 tence under ' he circuu iflance which' lxk place, ami lelf him vitluiiu ';coutifcl, oi : ifhe.. flvuld iKcondtjnnc'd "'it was not likely that-he wouldlre .executed, and I i cm.iri concluded in my own mina, to do to. on ( vithoVit the previous retttictions which' had Lu en infiitedpn the (lay be- , -'1 ' t -1 t wnat natt tafcen -place, wuvtw rrrinationiHie concuri cd in it coneyrfand we went to t-lu-bar together, where he -repcatefl, in part, I he; I'e lit ;i meins which had bcen'dtlivered by me, with fom'R-- additional ones. The trial i htit.whethcraddrfiipgtnyielt to it,OiCnct,l did not COmeon ihat day, I am not Cure fore.- vve uiuitd ion account 01 wnat had pafiul, aiidoT the determination 'which we hadiktn. T he court" endea-, vored tdJTWH I cn us to proceed, . but it was iivii), i v ewcte pontivearid dt- Trfrtj'al. ot to do it':;'..-fcPgtej:S-faHt- rge a lange us an error had ould not- fuffer ordsto this ef- mto .cmirt I met hiuialid . ga ve him a - a FV eTi 13 in u c!i:t)fretj ce hadbeen"alb br-ef (Ibehcvc .norii full): account of , UA ; w c 1 i- ' dfi7 r caiicli 111, ttuu 1 uuii i"- ...... .. , I i! did ! had been burned or ilftfoyed 1 ob- ici ytu ma 1 aiu!iJii(jii-i M" cafe, with ref peq. to the papery -Jt-WM, mm "rtw.A Huns w'e had been a iiGnelr that w.e-nugni laive i ! u-.i iK-wtitir WfiI i virir ri, 4 1 wai ultafi d and atkcd if 1 :.'i,ni. .uu.., ..i..t("h c:' I 'hern committed, m we w As foon 33 1 law Mr. lianas conung ; ' ' ' 1 tannot lecojlect, that my Jiand fliould- ,""cVll',CJV V'u: fbc-fealt recoilee.t.n ot tmvingnearu iZ -. ,,- rent and heaVd what. judgfcPe'crsonthatday lay a hnglewordT- - r . hp rrnhe nial with- ed opinion m any cale mucn lcis- in a capital one. The nwelty as well as the naturebf the p'r o-eeediiig..agitated me eon- fitpr?hv- snd Irptilipd vvitn ihnt Warmth" yhich I thought the occafion dernaricledf j as nearly as.Ijcan'recblleclj....asR6w$. : That in civil 'cafes I deemed it proper that the con fi d era ! ion of the law and the. .facts firould be kept as feparate as pofli ble, and that, the former fhould be.de 1 ter mined bkth e cbu rt, "a n 1 1 he latter by l theuibuUhat jn envh a nal cafes: and witgrwcOTertliaa , ' railed bo at this diftanre of time I fear that mywcolleftion mayi irt degree fail rrieo anlvjer T he fifth mfpr-; rogatoryandl feel itaduix to iadd f that; Kahhounth ipy 'mesnory is I believe, a re-"'.nirWabliccurate-.phe for a lhqrt-time, s' jt isfarfrorn being ib," aftertrtonfidera--MeTapfe of time, and it i s th srefore pbf fible that mv anfwers to this interrogato ry may not be;fb correct a&I wffh theme ::; robe,. but they IhaU be as much fo as it is in tfiv power to make themi " - i To the beft then of my recollection &' ir!iefv tfenillpwingdrcunnftancestoo , rlacen'the two. davs next preceeding "etrial of John Fries for treafon before the law" as well as-the faftsrrthat ItXvs t he tight of ihilbheflpr : the jury To nafV between hirn ,and his, country on both ofihemy riuti and render hinv.a'l the ferv-cp his. counfel to addrefs the in'rv 6n the law aV'well as the fats that I deemed this4 rint a facred and a great cohftitutional onci which fhodld . never ; beArrificed by me, and ! added' thaf never had,' & never, would addrefs the court on die la w" in any criminal, prosecution whatever. s -That akhough f he conff itution & M- tute or the united otares mignf not per haps fje'toaterially different " from the .EpgUfh ftatafe of treafon, as" to levying oft lie cat. fe which ireveiited it, nor have I'tot to wun reipcci io nicaJit'u' m"" tion on theimnds ot the judges, which fiill reina;n d, and would ha e the fame efiedimt the paper's were flill in exilt- ice. 1 added that many of thejurymen on the TulSect -which has been meiiucoi- ed. ' - -.. ' Mr. Dallas nnd.1 informed John Files of our de termination to withdraw our-. fel vps from his defence if he would a greeeto it ; and we fttongly reconnnend edr' hthr to' tlo'for'we diifnqt-.thin.k' it likely, after what had paiTed, tharwe could render him an fervieeTn couji and asbnr-withdraiving qurfelves mighr, and prpbably ...lajnULl jL Pt.rnaterial tie to him with the'Vrefidenf it he fliould be convJcTed, -1 Ie feetneii great' yalarmT d atbis JituaMqii, and perplexed t know vvh at to do. re tohJ hi m that i f he infilled on it. we would oo or in his in our po wen l.ir, nrat a I ter wna t naa pafled, we feared it would be little,' . if any. :'yy-y .,;;, - .:. . ;:',. . . r Heat length faidj thar-lm dependence wis on ug, that he was fuTe we would . adyife him to the befland that he would, do as we thought proper. - It was thefi agr'-eedthat we fnoul i withdravv; oiirfelves is bad beeivpropoled. I believe it not at this time, butcertainly'before he hwas called on in cotift the next day,; it all the '"pi eiudices which the declarations i n .m t lie bene h on t ne prcceaing ua nau crented. Tteedurt appeared anxious ' io induce Mr. Dallas and me tounder jake the piitoner's defence, and cc.tain lyoftered nv remove every previous re ftriaion which had been inliltedon the' day before." - We repeated, and mfif ted on feveral of the grounds which we had 1 taken on the preceding day, and-ab!o-1 utly reMed rto-lvaVe-?rl4ng4urt her rbldb with the prifoner's delenee before thecdurl71 th colled to have been there again, vntil I was inrormed of his trhl & 'coiivict:on : . . - a nd I therefore cannot lay, w Hat circum- ffanccrtittended hisfecondiriafo.dt jl proper to add', thatwhen judge Chafe . deft red Mrr Dallas and me on thelecond anu as wc or Hau rn &f. nn in oiur. ownway, ur hoT?'i, it wouldbeat therifk hmA nFnnr i harpfters if we attemnt ed to conduct cursives improperly. & ; that it muftrbe under the direft'orr of the court, which would Wdgg-of' what was right, or words to this eiftct.- ; . ti : -'isft; - n ; i : 'SI .t. . i
The Raleigh Minerva (Raleigh, N.C.)
Standardized title groups preceding, succeeding, and alternate titles together.
March 26, 1804, edition 1
1
Click "Submit" to request a review of this page. NCDHC staff will check .
0 / 75