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(r r , v... :. -ayHSft m-&i- . ' -" - --vr.-- J-r ' ' ' - . ... - , - t , . ' ' . 1 ' t " w ; v; , , 1 - f v t - . ! . . Dufhre the pln of faif Jtligbtful pejwe, .., , . ... ' - my .c I vVfrTv ""TTc;;,,. r;. Monday. Aril . 16, b4. - 7. - ; - ' - ; .hc tcsdmony of Wipchpln that of MrnMaX ande?aUUshe the vftfjoti as JO we cnai v y. - I . as prcscotioo the lint MndaX TMayr at ; thii cirmttgurt held for id htaB Mae ,0, .the Lsiding judgeinlhertvyeru lyxrrQ to the; grand jury ho we;fe ummoncd to . attend, and did attend mrt. Ia that charce there was kU L TitJral matters he 6Doke of! the act of Congress entitled ""An act tn repeal certain acts- respecting the Ration of the courts of the Uni L states, and for other purposes," . c alarming and dangerous in its con iBvflghettin.veryirOTKW!us any bill or presentment, ana the amendment nxaoe: ture of Maryland to' their late consti tution, by altering that part of it which required that a voter should be possessed of property X$ the amount of thirty pourds m valUe ; a'n also massed, in terms as strong, his qMs- approbation ot tnetpropcs auu ment to the constitution pf Maryland, respecting , their state judiciary, then submitted to the people for their conr deration, and in very strong terms r commended it to those whom he addressed to return to their respective homes, and at the approaching elec tions for the State Legislature to exert themselves in preventing t he re-enacting in the mode prescribed by the constitution, (hat law 'then under the consideration of the people.' The yoom in which the court was held was crowded; there Were in it many of r y friends andjacgitatptance, whom Iliad 230t 5en for spnie tme previous tot)is,(Sand.the ordinary; interchange 'civilities whieh passed between 11s, prevented me frohi attending to , the charge in such a manner as to tie able to detail it with particularity, if I had been disposed so to do, which accord ing to mypresent recollection was not the case. I have sl ett ihlthe Na tional Intelligencer, edited by Samuel H. Smith, under the date of the 20th May, 1803, an account given of the charge. It appears to me to ba, as far as it goe?, a correct statement of what fell from Judge Chase , on that occasion; I have before said'my re collection does not enable me.to speak with particularity and cei-taiivty; I :nsan to be "here understood ; as ex pressing my opinion that it is gene rally correct. I have also seen in the :ame paper, under the. .date-' df the' 5th of August, 1803, a; pliolication purporting "to oe an accnf given of this charge by Judge Chase himself. Upon ilils I must observe atf.upon the other, that according to imy general recollection of what then feirfrom the Judgei thrs statement of if is alsp correct as' far as it goes; indeed I do Dot perceive any substantial difference between the two; if there be a dif ference it is not my intention to ex press an opinion which is the most correct. JOHN T. MASON. ; John CaropbeH, one of the grand jury,dcpos.dmuchtothe same effect. Interrogatories exhihed on the paf't of th? House cf llemesdn'fatives to Gsdfjrc JResdi Ksq. United a-.ates Attorney for the dis- tin 01 ueiaware, and Kobert. Jiavultm, late Marshal cf tae said district. . 1 . Were you present at4 a circuit' faurt of the United States hotden at New-Castle in the month of June, u99 or 1800, in and for! the district of Delaware, before Samuel Chase we of the Judges of the Supreme Court of the United States, and GV Bedford, District Judge of the Uniteci States for Delaware? ; M & V 2. Were you presentwhen the Sjd jury after having treceived a ckarge from the said Samuel Chased Wired to their room 'an'-alsowhej lQey returned to the bar of t he court : 3. Did the said grai d jury , through lneir foreman, upon being asked by clerk cf the said court, whether lhey had any bills of indictment, or Resentments to deliver to thfe Isaid cn, answer that they had not t ; pid the said Samuel Chaser then ; d there, in your hearing, observe ; 0 the said grand jury, that heiiae : wderstood .that there was a great deal ! J edition in that Stated Mr t there f 1 sided, inffce town oirpington, ! enri whose name wa" (but check- ;ittg himself, said) " perhaps it might pe gouig iuy , iv k'viu, vm" iiani'e,"r-or words to ihateffedU-or hsottier wordi ;did1ie use oii that subject ,-' S ' ;ii Did the said Samuel Chase then ad Iherg innr observe that lie would tiot 4orsent to discharge the raiiltftptliat day, although so iuSituA ' Kt cvrril o m do : and did :! KA Htrrrt them to attend On the next ! day, for the purpose of examining a file ot the papers puonsnea uy inc said printer ? 6. Did he also order the said dis trict attorney lol procure a file of the j Said papers, to be laid before the said j grand jury ; and .were they procured by him and laid betore them f 7. Did the said grand iurv, on the sequences, as it went to destroy the lnext day rcturn into court after hav independence of the judiciary. He ing exammed a file of the said papers, Were they then discliarjrecl by the court ,8. Do yoti know any thing further relative to the cdnauct ol the said Samuel Chase, or do you rec tlect any conrersation on the same subject "Which took place in open court be tween the said Samuel Chast and the said; district attorney, or either of them ? , 9;; Relate the same fully and at j large,- as if you were thereunto par ticularly interrogated. 10. Did the said Samuel Chase, at any time, expries his surprise at the conduct of the said grand jury, and observe that whilst in the federal state of Delaware he could not get a seditious printer indicted, iri Virginia iie could not only get them indicted but convicted and punished, or worus to that e&ect ? JOHN RANDOLPH C&airaum of tin: Cvnuuittee. The answers of OzobgeT.gad, Attorney ofihe U b.aitfs ol' America, iri aid for tie Delaware disuict, residing in tive town of New-Castle, in the 5aid district. ti 1- To the' first interrogatory this deponent saith that he was present in the character of district attorney of tile United States of America in and for the Delaware district, at a circuit court of the said Onited States, holden at New-Castle on' the twenty-sevepth and tvventy-eighth. days of June, one thousand eight hundred, in and for the said district, by, and before. Sa mtfel Chase, one of the judges ot t ie supreme court of the said U. States, : and Gunning BetUord, district judge of the United States aforesaid; for the said district. - 2. To the sCorid interrogatory thfs deponent suith., thut he was present in court on the first day of the said court,! mentioned u this deponent's answer to therst interrogatory, when the grand jury then and there attending, after having received a charge from the said Samuel Chase as presiding judge, reti recti to their room, and-also when they rctubed to the bar of ttie sid court. , 3. To the third interrogatory this ('deponent saith, that the grand jury, through thett foreman, upon being asked by the clerk the question stated in the third interrogatory, did an swer, that they had found no bills of indictment noi had a"iy preieutmenis to make. ! . , 4. To the fourth iherixgatory this deponent saith, that the said bamuei vnase (ua, on ccivmg.uie answer fem the, gfnd jury, mentioned hi this deponent's ans werto the 46 third interrogatory observe to that body in liis hearing, " T hat he rud been ihfdrned or heard, aVighly seditious 1 temper or disposition had been mani fested" in the State of Delaware, a- vtohg a certain cTass of people, par ticularly New-Castle county, ajnd more especially . in the to wn" of Wil mington, where ived a most seditious printer, unrestrained by'. 'every- pritl dple of virtdc, and regardless of so cial order 4 That the name of this brliftteira$,'Heretheleai,nedju'3ge' paused for a moment, and1 thjbti.pb- servea r "r r.rwaps it inigni uc as fuming too roue h to mention the nanit of this-person, but it becomes your Special d iity, and- you must enqui rt diligently ; into this matter..'! That although this deponen? ivill .not un deHakerto pyKatvcrrS- here set forth, ii precisely Mhauthel ipj7ouraoieucuc prcssejv i yeriptt ,juage is; for the most part, what was used by the said judge, and the ideas conveyed by , him at tlie time.,' prc xllely what th context importg. i . ' 5. To the fifth interrbgatoryrthis fleponent saith, that several members of the grind j ury r on thehehalf of themselves, and their brethren, didras spbn as. the judge had closed t he ob servations detailed in Ihe answer tQ the fourth ..interrogatory, then and there earnestly reiueit- theCouit todii niiss them fforofurther attehdapce oil that duty, mentioning to the court as a reason fur the request, that beingfai -mcrs,and being the season of harvest, thir personal attention was most re quisite on their farms ; on which the judge replied, 44 that the business to which he hud called their attention, was of the most urgent and pressing nature, and must be attended to ; that he could not therefore discharge them until the ensuing, day, when iUrther information should be communicated to them on the subject he had re ferred to," or. words to that effect ; but this deponent did no; at the time hear the judge say that his detaining the grand jury was for the purpose of examining a file of papers publish- . 6. To the sixth inteiTOgatqry this deponent saithj that immediatciy .af ter the conversation. mentioned in the answer to the fifth interrogatory had been terminated, the said Saniuei Chase addressed himself to this de ponent, who then also was the dis trict attorney for the said district, and asked him whether he had any cri minal change to prefer t the grand jury ; to vyhich thrs deponent replied., that no indictable offence had come to his kiiowledge-and he had no rea son to believe, that any business oi such sort would occur as would re quire the attendance of the jury, du ring the term -but certainly, sir, ob served judge Chase, you might, by pursuing proper researches, make some' discoveries. Have you no per sons -in, this (Delaware) JStaU who have. made it a um form practice to libel the administration of the govern ment of the United States; I have be"jen told, sir, (continued judge Chase) and the general circulation" of the re port induces me to believe it true, that there is a printer in Wilmington who publishes a most scandalous and seditious paper but it will not dc to mention nai.rjes have you not two printers n that town ? To whiph this deponent answering in the affirm tive, judge Chase further observed- that is so, and one, j6f them, it report does not much belie him, is a sedi tious printer and must be noticed ; and it is your duty, Mr. Attorney, to examine minutely and unremittingly into aiTairs. of this nature the titnes, sir, require that this seditious spirit which pervades too jnany of our presses, should be cscouraged.and repressed. Can you not. procure some of this printer's papers'. betw'ejrir this time and, to-morrow morning, ana oy strictly Examining them, fihd, out whether he has not, been guilty of li belling the government of the United States or some of the officers thereof. This I $ay, sir, ihustbe 4ne ; I think Tts your duty.' That this deponent, not approving of, the tanner in which this subject was pretjsed upon him. then staled to the judge in sulstance, Hhat he was well acquainted with the duties of his ofnee, and would, cer tainly perform -them,, -but that he had never been m. the practice of hunting out offences that he had not in his possession the papers a Juded to by j'the judge, nor had he i ad them ; if, r-t .-l- iii r noweyer, inis aeponeni snouia oe iur nished with tliem, he would niake the examination .and .communicate Vyith 1 the grand jury onthe sublet. . Juxlge 'turning 1. to the grand jury, observed 'that they could not' be 'cSschargejd, and h.Qwever incpnvenientit was, they. 'must attend, on tht-subsequent. dav.-j at the" usual hour; "Judge. Chase then :directed that a file .of the s id papers should ,be prcture(f and laid before this deponejnu. , 1 he newspapet,- the -filc. of whiehwere referred to, V was then understood to be that hicb vras styled f Mii-rr of tel!rime4nGcj "neral idveitrser.;,v but this depoiient does not recollect that this title, of the ;paper. was at tfiemeivnictioj5etl by Udge Chase ; and;tdpopeni;ur. ither saith, that a file pf:tb wid neiKS ..m;waruied by spme jpirion in the afternoon of that day, after the adjounmient of, the court, ?and deii-vei-ed tahim; that after exa,minipg; the file of 'papers' for some time, be discovered no libellous matter, or anj publication coming within the provi sipns ,xf ;the sedition: law y that thii deponehti conformable to the direct tions of , the judge, ?sent od thV next morning the said file of papers to the grand jury,, then assembled- in their room. . . 7. To iht seventh hterragatory this dtipdneht saith, that, the said grand jiif y did, aeifl4jxamining the said file of papersy xeJtutTi.iuto tie said court, ihen,rconvenedi andinn svver to the usual .questions put by the clerk, said, through their fore man, that they had not agreed on .any bills, nor had they any presentments to make. , . . r -'. . 1 . & To the eiehth interroeatorv this 1 deponent saith, that soon alter the said court had convened on the morn ing of the second day of the said term, this depouciu, at the request of the grand jury,' attended in their room j when the foreman of the: jury direct ing the attention of this deponent to a certain paragragh, in a publication contained in one f the said papers, dated the 21st of June, 1800, and re pubhshed jremthe u Aurora," (a true copy whereof is contained in schedule A, annexed to these ahs'wersj and to vhtth the deponent refeis)' reflecting in very strong and pointed language on former conduct of judge Chase observed there is a ditference of opi nion among the members of this bo dy, with regard to the nature of that paragraph,- whether libellous or not, and although it were a libel, whether it would be proper for the rahd jury to present it as such' to the, circuit court-! for in whatsoever light it might he considered, 4he said court could ! take.no cognix4nce,of the matter b it, as.it was not -within the provisions ot the sedition law, that law not em oracing cases of libellous pubJkalions .tgainsi tie judges bt the courts bi the U. Slates, and so not being cogiiiza bie as an offence by those. courts ,by virtue of any act of Congress ; the said circuit ctfuit ccald not take cog nizance of it, as an offence at com--mou law ; judge Chase himself hav ing decided in the circuit court, for tne.district of Pennsylvania, that the courts of the United States cotdd not t.ke cognizance of oifences at com mon law ; in the case-off the U. States of America against Worref, . 2d Dal- las's. Reports, 334, with -which the grand jury declaring themselves sa tisfied, this deponent left them and returned into court, and the said file of papers Leing soon after sent an I laid on the tabic within the bar of t.i.c court j judgt:. Chase observing it, ask ed this deponent whether he or the grand jury had discovered any sedi tious publications, tb which the depo- nent answered, none of the character wjuch the sajd court could take cog- j hizance.of, unless the said paragraph, ' 1 1 . ? 1 L . - i x l 1 . I wnicn tnispoueiu men suomitteU '. j td the inspection of judge Chase, was of tliat nature ; and after he had read j it, ths deponent repeated; to the said courX. the same observations herein' before stated to hate been made by mm tp tne granu jury on tne syojecr, with which the said court acquiescing, the ,miness ras riassed. .over with much apparent good huinour On the part of, judge Chase ; aiid tie grand t iurv soon'.alter returnma: to the bar. were discharged by the court, without, finding an; bills,' or nuking any pre rsentments. ., - , . . . To the niiith jnterrocatonr this deponent saith, it containing only mat- tcr of reference to the eighth, intcrro gat(ry,;is already. answered by the answer to that interrogatory jr.. - 10 T6 the tenth interi'oga'tory tliis deponent saithiv that he doth no re member to have . heard iudefe Chase; at ahy timey make Mise of any, ex pressions ot.the nature, alluded to m that' interrogatory v? T G. READ Schedule A rejeroifc answer tb the eighth tnterroasyv ' y .! . . .. . . ;.?' .Kwi- Kt''. Esact frorathe nwspard,ihir lrbrv&c. printed : aV iU8wisgn ' i.Por tl?isT mej we , shall dtstniss feHngbeiuie :we! hve; about toyothet ,lend$f. regular, goyjepril'l tnnHV& lit-Yd rh . r Kl ii r4-.. 1 1 M -t. h they havesisiRrmeefuIIy.'altterecb ' while they betrayedV 7 .f ...".Judge Chase lias laid down 'sdoc trine : whichhiust. cbveT'Himwhh'in Umy as durabi thp hlstdrVrbrtbc of justice though they were alledged v- to'Contain trtiths, which woQt hifit the ccouxUj exTOsVthe?licltjri V?re taib?toIerate thserahw the people niigt ror'eVer; faide the 7 fere determined,to Jface epctnnep' this .ajrbitjr art judge and ta)atanjdl upon the ; ground of-justiandtthiS ? decision .6f the people whoJivitba:i: j power of . depriving these men of , j pj)we, wlio have abiised I or pro ved! j incbtnpcteiit to the discharge of their trust.- " ; H ' W'y u We hope the day is not far off when judge Chase;willbe impeached i for. this and other 'ifoitnryiMi&ttrJ-'- Besides these dociimentsrvettifhex were lau-oauccdtothe committee of enquiry t" but these being the most material, thejpditor ) uuwimng tp occupy more ox this business; at present J : : : AN ACT ' 1 ; For-the relief of Samuel Corp. ME it . enacted Senate wu& &..ute Itejtratentattvcs pj tbe.UtdiesStatet of Afnei - .' neap, in Goajfiesi awt(i,,,TTbat the ccllec' -fji tor otthe .eusioms er, thet pt,.jfNewt York , te and hereby is t'dcjciqi. Siw ,? Samuel Corp5 of Ne w;-York, mFehaiit,- the V; (hawjback.pf duties iby '1191 paijl .on mer I. chanfliae, wjiica autiiyeo! , at IewYorW. the, sfiip. Chesapeake Andrew irnlis, mav . ter, and Without being- there lanbeU, wer thence! eoirted in j Orleans, in the month of. August pnehou sand seven ..hundml - anioijiety-inap' cording to thft tejior of two jrpcitel," is-' f sued by the, coUec'tor, of :sa(d.fa'xu , r pajr abie, rtspectiVcJyj. axt .the twenty-third uy ol June, and Lone enty-tuird day of , August, in ! 'the "year; one-AhouianU eight ; -hundred: ftowkdiiTftMt due'proof bf di , iandaig of bw said merchandize'.- at New 4 ' vyntaub. snau nave neen exntpnea at the- . Oihce jof sasdjeoUector.vvas.is1 bv law-T." ; ciiKd:in jotheri cases ot; -&jjojoatioji Andc prwtde&alta. That it shali api'xiar .to 'trie a aitacuon. o the. jcoliesto that .themas'cr -or other persqrihaving the. charg&'or com- " mand of tiie said , ship, : had' at ii;timeoif making ipdrtorther:rrjVal oi the ' same at r tlus pvit o New-Yorkrepoted"tbc nei ' chanuiie brought . 1; her, iad; which -was . afterwards exported, as Auove-mentioaed, 1 to. -New-Qleans to ;be Uws'tined fortthe tufa , poet ot NgwOrleaiit,iu ctnfrmi .witltt ctte provisions .which, were bv law lnoree'-..'v previous;; tue thirtqthy of June & thousandeyen hun4ridana ninerykine; ' ?.lsrATH.MACON:; "1 Sffaktr of iKc Ho5f of RpreleptW. ,' V ! AN,' ACT -irX-11.-JH-- -For the relief of, several inilitarj peniioners iiv tiwj; Sta'outharUta. ' f - ReprtwadHw bftbt Uuiul yei of ' Jhrntn- ca, tfi eongr&s atsem&t, Tna.t tn$ persons r ' to Tvhpm, military nsions" have been heie- tofori grafted and. :paid bv the'Sti Af vf- J SouthrtarXna, in pursuance of-yr je6lvesr lof the Uiirted Staies, in Conxresft. MKnw- bld, for the payment of pensions " to th ;itt7iJds who .wera w'oiinedndf disiifei Luurmg the iate war with GreauBrttalhyand- ' yent buses--tt,tii JuHgVs dpttrinc who have iiptbeeUiplaced on theiwoks iiv, ( -the.oiafof the Seuriia'ry for .the depart- J.v4 menvof;War; shai; l)e1 and. the sime'jfcre- i by. are d'trecwl to. be p! aceilon sard" books. ' s and th&r said peasfbaA shall " be Weafter f paidJjy the.Unitsed.btaiesf in the simMftan-; ' -ner .to ijie oxhjer pensiQtters' of IbeiUslted i?tatef.outipf Jbeiunds already aprojriated,., for that purpose.;. .; ,. t atBC. 4.W oettjuricer enacted 4 hat. In' or- oobks; i4ii-suant to- th directions bobtained in -th; toj?ftjgng.; secioo,,the' Sectary.bf War shall be kuided by a cextiheaw from the tsie of South-Ca'rolijia, when. "the same ihaU be delivered to Jjjm, under the proper lauthetiticaftbaij -which 'rtificate''shatf speV ' 4 cay we itzmtx ot pensioners and snmsbf peanaiui Uwithat they hive nb"i beert.-paki fince.arch - theVfanjthicm i ' thousand ;seveH.lhujrdred. and lefghtyinW, corded m tiie books bf -Uie departmenr of ' ri " ep-ofti Ue. . -And - - ioldicr.twrrose !am'e jfe&U le ,placed sbrt ta saidhstas a pensioner, in conformity tke ptovisibnscf is1Jactoin caief dtiS fiy$iiCh brncer non ccrmwsiibned ofsr, soldier' his", heirs ftf'letepre i WjrtvejhiUeiyg -smftuai ttfth arrjlbiiiP wh'cb, shall have a - - If (f;i ft f fir m i 1111 I , r. r a' k f .. .11 i it,St 1. f I V ul. Ml l: i vim J! J
The Weekly Raleigh Register (Raleigh, N.C.)
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April 16, 1804, edition 1
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