Virginia Argus (Richmond, Va.), 1798-11-20 00:00:00

The VIRGINIA ARGUS.
No. 61 OF VOL. VI.]
A FREE PRESS MAINTAINS THE SOVEREIGNTY OF THE PEOPLE.
[WEDNESDAY No. 582]
RICHMOND:—PRINTED (ON TUESDAYS AND FRIDAYS) BY SAMUEL PLEASANTS, JUN. NEAR THE VENDUE OFFICE OF M. VANDEWALL.
(FOUR DOLLARS PER ANNUM.)
TUESDAY, NOVEMBER 20, 1798.
(TEN CENTS SINGLE.)
By virtue of a deed of trust made to the Subscriber, by William Reynolds of Henrico county, State of Virginia, for the purpose of satisfying the debts due from the said Reynolds to sundry persons, I shall proceed to sell the Personal Estate belonging to him, in the county of Halifax, in No. 1 Carolina, at his plantation on Roanoke river.
The Estate consists of FORTY LIKELY SLAVES,
About one hundred head of CATTLE, a considerable number of HOGS, SHEEP and WORK HORSES—Also, about a hundred barrels of CORN.—The sale will commence on the premises, the fourth of December next, and continue until the whole property is disposed of. The property will be sold for Cash, or the notes, or acceptances of merchants in Petersburg or Richmond.—At the same time the LAND will be RENTED for one or more years as can be agreed on.
WILLIAM SAVAGE. New-Kent, 15th October, 1798.
THE PARTNERSHIP OF GIBSON & MACKENZIE BEING dissolved on the first day of January last: All persons indebted to them, are requested to call at the store they lately occupied, and make payment to William Mackenzie, who will grant full discharges, and settle all demands against the said concern.
PATRICK GIBSON, WILL MACKENZIE, for RODK MACKENZIE, & self Richmond, 20th Oct 1798
William Mackenzie & Co. By several Ships from LONDON and LIVERPOOL, have received A GENERAL ASSORTMENT OF FALL GOODS, Which they will dispose of on low terms, by WHOLESALE, at their Store, three doors below the Eagle Tavern, Richmond, October 22, 1798.
THE CO-PARTNERSHIP OF William Ruffel & Temple, GROCERS,
HAVING dissolved by the death of William Ruffel,—the BOOKS and PAPERS are in the hands of LISTON TEMPLE for settlement, where those indebted will please call and discharge their respective balances, and those who have claims against the late co-partnership will apply and receive payment.
Liston Temple Continues to carry on the above business, and shall be thankful to his Friends and the Public for their custom, which he shall endeavor to merit by keeping
A General Assortment of GROCERIES of the First Quality and on the most reasonable terms. Richmond, Nov. 5th, 1798.
LEATHER Wholesale and Retail.
BENJAMIN TATE, Tanner, Currier & Leather Cutter,
INFORMS the Public in general and his Friends and Customers in particular, that he continues to carry on the TANNING, CURRYING & LEATHER CUTTING BUSINESS; has ready for SALE at his CURRYING SHOP and LEATHER STORE near the bridge,
A large and general Assortment of LEATHER,
OF THE BEST QUALITY, CONSISTING OF Slaughter and Spanish Hide, Sole, Skirting, Harness, Bridle, Bag and Bellows Hides; Rufflette and Waxed, Upper & Kips; Waxed, Black Grained & Fair Call-Skins; Hog, Sheep and Lamb Skins; Calf, Kip and Cordovan Boot Legs and Half Legs; Vamps, Counters and Soles.—Also Sheep & Lamb's Wool, best Liver Oil and Lampblack; which he offers for Sale on reasonable terms, for ready money, Raw Hides or good Oak Bark. Richmond, Nov. 3, 1798.
FOR CLYDE, TO SAIL IN THIS MONTH, The Fine new Brigantine SHIP, BETSEY, JOHN MARQUIS, Commander, Mounting 12 Carriage Guns, about 400 Ton Burthen.—For freight or passage apply to Capt. Marquis, on board, or Messrs ROBERTSON and BROWN, Norfolk, ROBERT POLLOK & Co. Richmond, or BUCHANAN, DUNLOP & CO. Petersburg, Nov. 4, 1798.
NOTICE, THE COPARTNERSHIP OF Clarke & Boyd, OF CARTERSVILLE, BEING dissolved by the death of Lindsay Clarke—All those who have claims against the late concern are requested to apply for adjustment to the subscriber—and all those indebted are requested to pay him their respective balances, which he alone is authorized to receive. SAMUEL BOYD, Surviving partner of the late house of CLARKE & BOYD. Cartersville, Nov. 9, 1798.
N. B. The business will be carried on as usual, by JAMES and SAMUEL BOYD.
CASH SALES, at Dover. By Virtue of a Deed of Conveyance from Robert Morris, of Philadelphia, to James M. Marshall, bearing date the 27th of Nov. 1797, WILL BE SOLD, At Dover, in Goodland county, on Monday, the 17th of December next, if fair, if not the next fair day, at Public Auction, for READY MONEY, about THIRTY NEGROES, and the remaining Stock of Horses, Cattle and Hogs,—
Among the Negroes are Twenty Men and Boys who are very valuable for their peculiar knowledge in Farming and taking care of Cattle. Two of the men are complete Distillers, one of them a single man, the other has a wife and one child, who will be sold together. BENJAMIN HARRISON, jr. acting for JAMES M. MARSHALL. Richmond, Nov. 3, 1798. N. B. At the same time and place, the whole of the LANDS belonging to that estate, will be rented for the ensuing year (if not before rented by private contract.) The terms will be made known on the day, and bond with security required for the payment of the rents. Great preparations are made and making for the ensuing crop, so that it will be well worth the attention of those who have hands, &c. to work such an estate. For the proprietor, BENJ. HARRISON, jun.
FOR SALE, In pursuance of the last Will and Testament of the late WILLIAM ANDERSON, Esquire, of London, the following Tracts of Land, viz.
One Tract of Land situated on the branches of the Bird creek in the county of Goodland, and formerly the property of Colonel Thomas Maffie, containing about 2,283 acres. One Tract of Land situated in the Parish of St. Martin, and county of Hanover, and formerly the property of the late Mr. David Anderson, jun. containing a bout 828 acres. One Tract of Land situated near Mr. Christopher Smith's in Louisa county, and formerly the property of Mr. Robert Harris, containing about 353 acres. And one Tract of Land situated on the branches of Buck-mountain creek, near Mr. James Burnley's in the county of Albemarle, containing about 100 acres. It is thought unnecessary to give a further description of any of the above tracts of land, as those who intend to purchase will no doubt view them; a certain time will al so be allowed for paying, if it is required on the part of the Purchaser.—For further information or for concluding a bargain apply to GEORGE SYME, Attorney in fact for the Exor's. Richmond, 1st Nov. 1798, opposite the P. Office.
Marshall & Syme, OPPOSITE THE POST OFFICE, RICHMOND, HAVE FOR WHOLESALE, A General Assortment of MANUFACTURES, For which Country Produce or Approved Notes will be taken. Journals, Day-books and Ledgers, May be had at S. Pleasants' Printing-Office.
Just Published, By SAMUEL PLEASANTS, Jun. and for Sale at his Printing-Office, Richmond, The Virginia Almanack For the Year 1799.
The ASTRONOMICAL part by ISAAC BRIGGS, Containing— The rising, setting, and eclipses of the sun and moon; the phases, place of the moon, the ascending node, latitude and southing of the moon; the places & aspects of the planets (including the lately discovered planet, Georgium Sidus); the rising, setting and southing of the planets, and the most conspicuous fixed stars; the equation of time true within half a second, for the noon of every day in the year. Also— Superior and county courts in Virginia. Public officers of the state. Members of the Senate and House of Delegates. Table of Stamp Duties. Roads, from Richmond to Portsmouth Virginia; from Richmond to Portsmouth New Hampshire; from Richmond to the Sweet Springs; and from Richmond to Savannah, Georgia.
Buchanan, Dunlop & Co. PETERSBURG, Dunlop, Pollok & Co. MANCHESTER, Robert Pollok & Co. RICHMOND, Have Received, BY LATE ARRIVALS FROM LIVERPOOL AND LONDON, A Complete and Handsome Assortment of FALL GOODS; Suited to the present and approaching Season, which they offer for sale on MODERATE terms, by wholesale or retail.
Robert Pollok & Co. HAVE ON HAND A few Pipes choice Old London Particular Madeira WINE. November 1, 1798.
FOR SALE, The Houses and Lots, in the City of Richmond, formerly the property of Messrs Wm. & Co. for sale. A long credit may be had or two-thirds of the purchase, if required. Apply to JOHN FOSTER. Richmond, Nov. 1st, 1798.
FOR SALE, A tract of Land, CONTAINING between eight and nine hundred acres, lying on James river, and adjoining the town of Manchester. About one hundred and fifty acres of this land is cleared and under good fences, the balance in wood and well timbered. The buildings are new, and fit for the reception of a small rented family. Any one inclined to purchase, on application will be shown the premises by either Mr. Oadiah Smith or Mr. James Scott, who are empowered in my absence to contract for the same and make a title. Approved Bonds will be received in payment, and possession made agreeable to the purchaser. WILLIAM SMITH. Chesterfield county, Oct 16, 1798.
Auction and Commission line, under the firm of Prosser & Moncure in the house lately occupied by Messrs Hicks, CAMPBELL and CURRIE; at which place Goods will be thankfully received, and advances of cash made if required.—Any business intrusted to their management will be strictly attended to and the utmost punctuality observed. JOHN PROSSER, WILLIAM MONCURE Richmond, 14th June, 1798.
BOOT & SHOE MANUFACTORY from PHILADELPHIA.
John M c Bride INFORMS the Public in general and his Friends and Customers in particular, that he continues to carry on the above business, at John Taylor's Copper-Smith's Shop, nearly opposite the Street leading from Mayo's bridge, and from the great encouragement he has received will be enabled to render more facilities to his customers, and those who will please to favor him with their custom—He has on hand a large and complete assortment of the best Philadelphia materials, such as BOOT-LEGS, CALF SKINS, TOP-duties and SOLE-LEATHER.—Also, has received by the ship IRIS, from London, the best English BOOT-LEGS and TOPS, VAMPS and COUNTERS, BEND-BOARDS and TOP-PIECES, with the newest Philadelphia and London fashions. N. B. Wanted TEN or TWELVE GOOD JOURNEYMEN who will receive encouragement at the above business. Richmond, November 8th, 1798.
Ten Dollars Reward. Runaway from this place, on the 26th of June last a NEGRO WOMAN named
SALLEY, And two Children named
DAVID and JOSEPH. SALLEY is a very likely woman, rather above the common size, of a yellowish complexion, with a bushy head of hair, which the combs up before, about twenty-five years of age. Her child DAVID, is about four or five years old, and JOSEPH about twelve or eighteen months old. She was seen a few days after her elopement near the Quaker meeting-house, in this neighbourhood, where she is probably concealed among the free negroes. If she has left this neighbourhood, it is more than probable that she has been conveyed in a boat to Richmond, where she has several acquaintances. I bought them in June last of Mr. Morgan Tompkins of Gloucester county. The above reward will be given for delivering them to William Mitchell, in Henrico county, or five Dollars for securing them in some jail, or giving such information that I get them again. THOMAS MITCHELL. Lynchburg, August 4, 1798.
BY Virtue of a Deed of Trust executed to us by George Mayo, of Chesterfield county, to secure the payment of sundry notes due by the said Mayo, and for which William Smith, of the said county stands as security, as expressed in the said Deed of Trust; WILL BE SOLD, On the premises, to the highest bidder, for ready money, on Friday the 21st day of December next, an undivided moiety of that VALUABLE
Merchant & Grist
MILL, at and adjoining the town of Manchester, at present in the occupancy of Messrs Andrew Nicolson & Co. with all and severally the appurtenances thereunto belonging, as conveyed to us by the above Deed of Trust. It will be understood by the purchaser that we assist merely as trustees, mean to convey no other right or title, but those conveyed to us in the above recited Deed, which Deed will be shown to all those disposed to purchase, previous to and at the day of sale, on application to either of the subscribers. BERN'D MARKHAM, JAMES SCOTT, Chesterfield County, Nov. 14th, 1798.
FOR SALE, Two valuable Mulatto Male SERVANTS, One of them has been brought up to waiting in a house, and is acquainted with his business—the other is also a house servant, and besides, a very good driver. ALSO—
A middle aged Negro Fellow. The above Negroes having wives in Richmond, and being therefore unwilling to remove to the country with their present owners, they are sold to accommodate them, and not on account of any objections to their conduct.—For terms apply to PROSSER & MONCURE. Oct. 19, 1798.
LEATHER FOR SALE.
The subscriber has a few Bundles of excellent Northward
Sole-Leather
for sale, either by the bundle or smaller quantity. ALSO—Most kinds of other LEATHER, at his Currying Shop, opposite Richard Bowler's tavern. James Lownes, Richmond, 1st Oct. 1798.
FOR THE VIRGINIA ARGUS.
At a meeting of the citizens of Buckingham county, by previous public notification, at the courthouse of the said county, the following citizens were appointed a committee by the militia district, the 12th day of November, 1798, to take into serious consideration the present difficult and alarming situation of America (to wit) Col. Samuel Allen, Thomas Bolling, Charles Yancey, Peter Motley, Douglass Ferguson, Richard Ridgway, William Benton, Francis Motley, Daniel Jones, Nathaniel Button, Charles Anderson, William Evans, Robert Rogers, Archibald Austin, William Bradley, Doctor James Walker, Henry Blood, Benjamin Moore, Lewis Wilkinson, and John Epperson.—The committee having met and appointed HENRY BELL Chairman, and MARTIN BARNCH Secretary, entered into the following Resolutions, which were unanimously adopted.
 Resolved, That the silence heretofore observed by the citizens of this county, respecting political affairs, ought not to be continued into a degeneracy of spirit or want of firmness, neither ought it to be attributed to a passiveness of disposition, or a determination tamely to submit to oppression; nor ought it to be imagined, that it proceeded from an indolent neglect of attention and consequent want of information.—The citizens of this county have not been deaf to the public voice, neither has the conduct of our agents escaped their vigilance.—Yet they are the friends of order and the lovers of peace.—But from their silence, so far from producing the effect contemplated, serves only to encourage an attempt to deprive them of the power of speech, they will now speak, and speak like freemen.  Resolved, That the people have an inherent right, peaceably to assemble together, to consider of, and publicly to express their approbation or disapprobation of, all and every measure or measures, regulation or regulations, whether civil, commercial, political or military, &c.  Resolved, That the people are the sovereign, the source from whence all power and honour, is derived; that representatives and public agents are their servants; that as such they are bound to conform themselves and act agreeably to the instructions given and rules of conduct laid down by their sovereign the people; that whenever they fail to act up to their instructions, exceed their powers, or leap over their bounds and by converting their acts (which ought to be acts of justice and mercy) into acts of tyranny and oppression, attempt to beat down the great bulwark of liberty, in contempt of the sovereign authority of their constituents, they ought to be compelled to account for their conduct.  Resolved, That the end of government is not to destroy but to produce happiness to mankind; that under this impression we instituted and entered into government, expressly declaring at the same time as the condition of our acceptance, "that the powers granted under the constitution, being derived from the people of these United States, may be resumed by them whenever the same shall be perverted to their injury or oppression; that every power not granted thereby remains with them at their will; that no right or power of any denomination can be cancelled, abridged, restrained, or modified by the Congress, by the Senate or House of Representatives, acting in any capacity, by the President or any department or office of the United States, except in those instances where power is expressly given by the constitution for those particular purposes; that among other essential rights the liberty of conscience and the freedom of speech and of the press cannot be cancelled, abridged, restrained or modified by any authority of the United States."  Resolved, That we are averse to the Alien and Sedition Laws—to the Alien law because by their foreign power and authority the people may admit whom they please into their society, fix the condition of their residence and punish, protect, or expel them therefrom; because it establishes in the person of the President an arbitrary and despotic power, by uniting in him the three fundamental branches of government, the legislative, executive and judiciary, which by the constitution are separate and distinct from, and independent of each; because it tends to deprive us of the rights of humanity and hospitality; because it preponderates in favour of the most populous states, and to the prejudice of the rest, by extending their overgrown influence by unconstitutional means to an improper length of time; and as the influence of a state is made by the constitution to depend on its numbers, by obstructing one great source of population, it also gives to those states a dangerous superiority in representation and government; because it empowers the President to annihilate by a stroke of his pen a vote he might himself would be unfriendly to his election.—To the sedition law, because since by the term sedition we 
Seneca Bolling

read the publishing, either by writing, printing, or speaking, illegal expressions, and as the validity or nullity of law depends upon its conformity or nonconformity to the constitution of the land, and as the people of these United States have granted no powers under their constitution by which the innocency or criminality of speech may be determined, we consider it as a term without any constitutional meaning, implying nothing, and that cannot possibly exist in these United States, that therefore all law forbidding and punishing Sedition when applied to the citizens of these United States, not being conformable to the constitution of the land, instantly become a nullity, and consequently void and of no effect. Finally, because no power is granted under the constitution to the congress, authorizing or enabling them to enact an Alien law, or a Sedition law:—We therefore consider them as an infringement of the constitution, a violation of our rights, an attack upon our privileges, and a great indignity offered to the sovereignty of the people.
6. Resolved, That we will maintain and defend the union, the independence, the constitution and the liberty of the United States, against all encroachments domestic as well as foreign.
7. Resolved, That the Stamp act is odious in any shape, and in its present form is calculated more to enlarge the power of the executive by adding to the number of his dependents, to perplex and harass the citizens, to create doubts and jealousies, and to enslave a few individuals at the expense of the community, than to produce any real advantage to the United States.
8. Resolved, That we consider the system adopted by congress of referring to the discretion of the president, the quantity of money to be borrowed, the rate of interest to be given, and the number of troops to be raised, as contrary to the spirit of the constitution, and dangerous to the liberties of the people.
9. Resolved, That a well regulated militia is the only true safe-guard to the liberties, the union, the independence and the constitution of these United States.
10. Resolved, That the secretary be directed to deliver a copy of the foregoing resolutions to citizens Powhatan Bolling and William Allen, jun. our representatives to the ensuing General Assembly, and they are hereby requested to use their influence with that body to obtain the objects therein expressed, in order to secure to us and our posterity our constitution inviolate, and the blessings of liberty and independence.
Resolved, That the several printers in the city of Richmond are hereby requested to print the foregoing resolutions, together with the names of the chairman, secretary and committee annexed.
HENRY BELL, Chairman. MATTHEW BRANCH, Sec'y.
C. L. LYON'S TRIAL.
[The following is taken from a letter written by Col. LYON, since he was committed to jail, and directed to Gen. STEVENS THOMPSON MASON, of Virginia, Senator of the United States.]
In Jail at VERGENNES, (the only city in Vermont, it contains about fifty houses and seventy families.) October 14, 1798.
DEAR GENERAL,
I take the liberty to trouble you with a recital of what has happened to me, within about ten days past.
On Thursday, the 5th of this month, I was informed that a Grand Jury had been collected to attend the Federal Court at Rutland, about 15 miles from my place of residence; that they were selected from the towns which were particularly distinguished by their enmity to me; that the jury was composed of men who had been accustomed to speak all of me; that they had received a charge to look to the breaches of the Sedition Law; and that they had some publications of mine under consideration. The time might a friend called, and assured me that a bill was found against me, and urged me to be out of the way of being taken—he declared to me, that it was the wish of many of my friends; he informed me, that the Petit Jury was taken from the same towns where the Grand Jury was taken; and that from every examination, there was not more than two among the 14 which were summoned, who had not opposed me in the late election: He mentioned several zealous partisans for Presidential instability among them; and one who had lately been writing the most virulent things against me, in his own name, which was published in a newspaper. My answer to all this was, it could not be honorable to run away—I felt conscious that I had done no wrong, and my enemies should never have it to say, that I ran from them.
An officer of the court had been in my neighborhood the same evening, to summon witnesses; I had told him, if the court wanted me, he might bring no pass, he might come alone, I would go with him, there should be no resistance. Accordingly, on Friday evening, the same officer, a Deputy Marshal, came with a warrant for my apprehension, which he gave me to read, and accepted of my ward and honor, as bail, to meet him at Rutland courthouse the next morning about nine o'clock. I was there accordingly; and soon after the court was opened, I was called to the bar to hear the indictment read. It consisted of 3 counts: the first, for having maliciously, &c. with intent, &c. written, at Philadelphia, a letter dated the 28th of June, and published the same at Windsor, in the newspaper called, the Vermont Journal, containing the words following:
As to the Executive, when I shall see the efforts of that happy bent on the promotion of the comfort, the happiness and accommodation of the people, that executive shall have my zealous and uniform support: But when I see, on the part of the executive, for every consideration of the public welfare swallowed up in a continual grasp for power, in an unbounded thirst for ridiculous pomp, foolish adulation, and selfish avarice; when I shall behold men at all costs turn out of office, for no other cause but independence of my fellow citizens.
ment; when I shall see men of formal, mere pretence, and experience, discerned in their appointments for office, for fear their views that independence, and men of measures preferred, for the sake with which they take up and advocate opinions, the consequence of which they know to be ill—when I shall see the sacred name of religion employed as a scare-crow, to make mankind hate and persecute one another, I shall not be their humble advocate.
The second count consisted of having maliciously, &c. and with intent, &c. published a letter, said to be a letter from a diplomatic character in France containing two paragraphs in the words following:
"The misunderstanding between the two governments," (France and the United States) "has become extremely alarming: confidence is completely destroyed, mutual distrust, jealousy, and a disposition to a wrong attribution of motives are so apparent, as to require the utmost caution in every word and action that are to come from your executive; I mean, if your object is to avoid hostilities. Had this truth been understood with you, before the recital of Monroe, before the coming and second coming of Pinckney; had it guided the pens that wrote the bullying speeches of your President, and stupid answer of your Senate, at the opening of Congress in November last, I should probably have had no occasion to address this letter."
"But when we found him borrowing the language of Edmund Burke, and telling the world, that although he should succeed in treating with the French, there was no dependence to be placed on any of their engagements; that their religion and morality were at an end, that they had turned pirates and plunderers, and it would be necessary to be perpetually armed against them, though you were at peace: he wondered that the answer of both Houses had not been an order to send him to a mad house. Instead of this, the Senate have echoed the speech with more levity than even George the third experienced from either house of Parliament."
The third count was for aiding and abetting, &c. in publishing the same.
I was called upon to know if I was ready to plead to the indictment. I answered, that I was always ready to say I was not guilty of the charges in the indictment, but that I was not provided with counsel, there being no person at Rutland I was willing to trust with my cause; I had sent to Bennington for two gentlemen on whom I could rely, Messrs. Fay and Robinson, who would be here by Monday. It was then signified to me, that I might have the trial postponed until the session of the court in May next. This I could not with for, as that session was to be at Windsor, over the mountain, where they were sure of having an unanimous jury, such as they wanted.
In the fourteen jurymen before me, I thought I saw one or two who knew me, and would never consent to say that I was guilty of an intention of rising up sedition; I was unwilling to remain under a censure of the kind, for these reasons, I chose to come to trial; I accordingly gave bonds for my appearance the next Monday. Saturday and Sunday were violent forty days, and at the opening of the court on Monday, I had heard nothing of my council, nor my messenger: I so informed the court, and told them, I thought we should hear from them in an hour, for which time the court adjourned. Within that time my messenger returned, with news that Mr. Fay's wife was very sick, and Mr. Robinson, who is a member of the legislature, was preparing to attend, and could not be at Rutland so soon as that time. Mr. Smith, who is our chief justice, was present—although he and I had been formerly competitors for the representation of this district in Congress, he is a republican, and many of my friends are now his friends; they applied to him to assist me, and understood he had consented. Thus circumstanced, I proceeded to trial. So ignorant was I of law proceedings, that I expected to object against the inordinate part of the jury, without giving particular reasons, or supporting them by evidence, I was therefore unprepared. The attorney of the United States was called on to say if he had any objections to the jury. He said he had to a Mr. Board; he believed he had given an opinion in the cause; to prove which he called upon a deputy-sheriff, who swore he had some conversation on the Saturday before, with Mr. Board, in which he understood Mr. Board to speak as if he thought that Mr. Lyon would not be condemned, or some such thing. Judge Patterson inquired if there were not enough for the panel without him, Mr. Board. He was answered there were thirteen more. Mr. Board was ordered off. Thus was the only man I knew who knew me enough to judge of my intentions. No one doubts that the deputy-sheriff began a discourse with Mr. Board, on purpose to have something to swear. Mr. Board said, he expected that was the case when he came to him, and he carefully avoided conversing with him. I objected to two of the jury, on account of their violent opposition to me; and although unprepared with regard to proof, I called on some persons present to see if they could recollect any virulence made use of by those two; and I sent for the newspaper to prove the abuse of the one who had published; the judge observed, that a difference in political opinion could be reason against a jurymen; and as there were twelve besides, he ordered the person who had been libeling me off.—Here I plead to the jurisdiction of the court, on account of the unconstitutionality of the law. My plea was overruled, but I was told, I might make use of the arguments in any other stage of the trial.
The attorney on the part of the United States, on the first count, produced my original letter, on which was the Philadelphia post-mark, July 7. He attempted to bring some evidence to show that the letter did not arrive at Windsor until after the 14th of July; the printer's boy thought it did not arrive until the 20th, and Mr. Buck saw the printer setting from it about the 23d, or later; I acknowledge the letter. As to the second count, several evidences were brought to swear they heard me read the letter, said to be the letter from a diplomatic character, in France, from a manuscript copy, supposed to be in my own hand writing; they were enquired of, whether the reading of the letter caused any tumult? One of the evidences, a young lawyer, and another person, an associate of his, said that they thought it did at Middletown. One of them said he heard one person say, there must be a revolution; and they both agreed that there was a noise and some tumult after the reading of that letter and some other papers. On my enquiring of them the cause of the tumult, and their opinion, if there would have been any tumult there, if they had not followed me on purpose to make disturbance? they acknowledged they thought it had been no disturbance; and they also agreed, that the tumult was caused by the other people's disliking their being there, and their conduct there: they agreed also, that I refused to give an opinion upon the letter.
In proof of the third count, the attorney produced evidence to show that the printed pamphlet, entitled, A Copy of a Letter from
a Diplomatic Character in France, was taken from a manuscript in my hand, and the printer said he received the copy from my wife. The evidence all agreed that I had ever been opposed to the printing the letter, and gave for reason, that I had promised the gentleman to whom the original had been written, that I would not suffer it to be printed. The young lawyer said that I told him, there were not above one or two passages in the letter which could be called seditious.
The attorney proceeded to sum up the evidence, and dwelt on every thing which he thought proper, to point out the appearance of evil intentions. As soon as he had seated himself, or before, Judge Patterson rose and was proceeding to give his charge to the jury, I interrupted him, with an enquiry into the cause, why I should not be heard, he politely sat down and directed me to proceed. My defence consisted of an appeal to the jury, on the unconstitutionality of the law, the innocence of the passage in my letter, and the innocence of the manner in which I read the letter. It was said I spoke two hours and upwards. Mr. Smith declined speaking, as he was unprepared. The attorney replied as decently as any man of his profession and principles would. The charge from the judge was studiously and pointedly severe. After telling the jury, if they leaned any way, it ought to be in favor of the defendant, he proceeded to dwell on the intention and wickedness of it in the most elaborate manner; he defended to intimate that the Bailyow letter, as it was called, was a forgery; he said, let men of letters read it at letter and compare it with Bailyow's writings, and they would pronounce it none of his. He told the jury that my defence was merely an appeal to their feelings, calculated to excite their pity; but mercy, he said, did not belong to them, that was lodged in another place, they were to follow the law, which he explained in his own way, and supported the constitutionalality of it. The jury retired about 8 o'clock in the evening, and in about an hour returned with a verdict, Guilty! The judge observed to me, that I had then an opportunity to shew cause, why judgment should not be pronounced against me, and to shew what was my ability or inability to pay a fine, as a man of large property, in such a case, ought to be obliged to pay a greater fine than one of smaller property. I replied, I did not expect any thing that I should say, would have any influence on the court, in the present stage of the business. The judge said I might think of it until morning, and the court adjourned until nine o'clock next morning; I then attended, and after being called upon, I observed to the court, in reply to what had been said to me upon the score of property, that a few days ago I owned a property which I estimated, some years since, at 20,000 dollars; in the present state of the affairs of our country, I did not expect it would fetch half that sum. I had lately made over all the productive part of it, to secure some persons, who were bound for me for debts, to the amount of sixteen or seventeen hundred dollars, there still remained enough to be worth much more than the court were empowered to fix the fine at; but in the present scarcity of cash, and the prospect of lands soon to be sold very cheap, I did not know what I could possibly raise 200 dollars, in cash, upon it.
The judge, after an exordium on the nature of the offence, the malignity of it in me, particularly being a member of Congress, and the lenity of the Sedition Bill, which did not allow the judges to carry the punishment so far as common law did, pronounced sentence, that I be imprisoned four calendar months, pay a fine of 1000 dollars, and stand committed until the judgment should be complied with. This sentence was unexpected to all my friends as well as myself, no one expected imprisonment.
The marshal is a man, who acted as clerk to some persons whom I had occasion to transact some business with, about a dozen years since, when he first came into this country, in which he behaved so that I have ever since most heartily despised him; this he has no doubt seen and felt. The moment sentence was pronounced, he called me to him and ordered me to sit down on a certain seat in the court-house; he called two persons to give me in charge to, one of them the person who followed me to Middletown to insult me, and was on the trial improved as an evidence. I asked if they would go with me to my lodgings a few minutes, so that I might take care of my papers? I was answered in a surly manner, no, and commanded to sit down, I stood up. After the court had adjourned, I enquired what was to be done with me until commitment; I expected I should be confined in the prison in Rutland, the country where I lived: I was told that the marshal was authorised to imprison me in what jail in the state he pleased, and that I must go to Vergennes, about 44 miles north of Rutland, and about the same distance from my seat at Fairhaven. I enquired what were the accommodations there? and was answered in a manner peculiar to the marshal himself, that they were very good. I told the marshal since it had become my duty to go there, he needed no assistance, I would go with him. He said he would not trust to that, and prepared two troopers, with their pistols, to guard me. He ordered me to ride just before them; in this manner I left Rutland. After riding a few miles he overtook us and rode by us, he rode pretty fast and whispered to one of the young men: I learned his intention was to get to Middletown, the shire town of Addison county, in order to throw me into a duty dung-con-room there, for that night. I did not mind my pace, he came back and scolded, insulted, and threatened; he repeated it. I said friends, I was told, expostulated with him, and the humane young men, who were employed as guards,
told him they would rather watch me all night, than that I should be thrown into the jail: we lodged at a tavern, about four miles short of Middletown jail; the young men watched; the next day we arrived at the place; there are two roads to come into it, one comes up straight to the jail-house, by but two or three houses, the other is circuitous, taking almost the whole length of the little city in its course. I was foremost, and inclined to take the nearest road, but the gentleman, by that route, would lose a share of the triumph; he ordered us in a peremptory tone, into the circuitous road through the city. On the way from Rutland he undertook to direct me, and stop me as to speaking, and told me I should not have the use of pen, ink, and paper. On Wednesday evening last I was locked up in this room, where I now am; it is about 16 feet long by 12 wide, with a necessary in one corner, which affords a bench about equal to the Philadelphia docks, in the month of August. This cell is the common receptacle for horse-thieves, money-makers, runaway-negroes, or any kind of felons. There is a half-moon hole through the door, sufficient to receive a plate through, and for my friends to look through and speak to me. There is a window placed on the opposite side, about 20 inches by 16, crossed by nine square iron bars; all the light I have is thro' this aperture; no fire place in the cell, nor is there any thing but the iron bars to keep the cold out, consequently I have to walk smartly with my great coat on, to keep comfortably warm some mornings.
On Thursday morning last, I asked a friend for his pen and ink, in presence of the jailor. It was offered me; but the jailor said, it was against his orders, I must not have it. The marshal paid me a visit on Thursday evening; he examined the cell, looked on my little table to see what was there, but he found nothing but Volney's Ruins, the late laws, some of the President's messages, and a list of the Petit Jury. I inquired of him, then or before, what situation I was to consider myself in with regard to the use of pen and ink? His answer was I might use them, but he must see every thing I lent out of the jail; if I conducted otherwise (looking at a chain that lay on the floor) he said he would put me in a situation that I could not write. I asked him what he meant by that? He told me I was at his disposal, and if I did not behave like a prisoner, he would send me to Woodstock jail.—I told him there would be one advantage in that, he would not be there always, and I should get rid of the sight of him. On Friday, for the first time, two brothers in law were admitted to come in to see me. Some of my friends expostulated with the Marshal on the subject of denying me pen and ink; and in the evening I observed a man hammering on the prison door. You seem much concerned about that door, said I, there has scarce been an hour since I came here, but there has been some person hammering at the door, or putting on new bolts or bars. It is all useless, said I; if I wished to come out, they could not hold me; and as I do not, if my limbs were marked by a single thread, I would not oversleep it. He replied, he was on my mailing up an advertisement. Next morning when the house was very full, I heard some person step up and read the advertisement on the door, it contained a preamble concerning my having complained that I was debarred the use of pen, ink, and paper, and a declaration that I had leave to furnish myself with those things, and use them as I thought proper, signed by the Marshal. As soon as I could get my eye on a person that would go and fetch General Clark, my friend and brother in law, who is a member of the legislature, now sitting here, I sent one, he came, I desired him to read the advertisement, and tell me what I should do, considering the treatment of Fitch, the marshal. He said he would go and see Fitch, and see how he explained the business—he went to Fitch's house but could not find him, some other business occupied him the rest of the day. I next morning, sent for a number of friends, who got admittance, & after some conversation on the subject before the jailor, & getting his explanation of the advertisement, that he considered me now allowed to write, without submitting my productions to the marshal, I was solemnly invested with pen and ink. The first use I made of it, after a line to my wife, is to write you this long prolix account of the fruits of this beloved Sedition bill. You may remember that I told you, when it was passing, that it was doublets intended for the members of Congress, and very likely would be brought to bear on me the very first, for it has happened, and perhaps I, who have been a foot-ball for dame Fortune all my life long, am well able to bear it—I have long disobeyed your injunction to write to you, waiting to be able to give you an account of the elections.
The noise that has been made about the public & private negotiations of our envoys at Paris, has answered the purpose of the Aristocrats completely (on the other side of the mountain I mean, Morris's district) to exasperate the unthinking people against every Republican. Governor Robinson had more than half the votes on this side the mountain; but Tichenor has got a great majority; in the whole he had 6,211, Robinson 2,805; beside, I am told, there were about 500 for him, which were lost by inaccurate returns; there were also 332 scattered votes.
Monday, Oct. 15.
I have just learned that Morris is re-elected; and I have received a list of the votes for Representative in Congress in this district; they stand for your friend Lyon, 3422. Williams, 1554. an Aristocratic candidate.
 Chapman, 1376, Doc. bro't to your little horse-mail maker.  Speer, 285, and several other Aristocrats.  Israel Smith, 274, and several other Republicans.  39, given info governor, and the Representatives in the several towns in assembly by one accident or another put into the box for Representative to Congress.  6985,  3422,  3593 
Our law requires that one person shall have more votes than all the rest—had the thirty thousand votes not been put against me, there would have been a choice; but so it is—and I do not much regret it, under existing circumstances. Had I been chosen now, the enemies to rational civil liberty would have said that I had got it before what they call crimes were substantiated against me; they might possibly have cavilled about it; but I believe they will have no room for any thing of the kind the next time. My friends, and the friends of liberty sensibly feel the injustice and indignity done to me and themselves; they will be neither idle nor bashful at the next election, which is to be held the beginning of December. There is but a small share of the people who voted against me, who are aristocrats, or determined to support monarchy or aristocracy in this country; much the greater part are well meaning people, led to believe a thousand false stories, which are continually teeming from two venal presses in this district, and several more in the adjacent States, as well as promulgated with the greatest impudence and assurance of impunity, from Lawyers, and those who ought to be officers of justice, expectants of office, their creatures and dependants. The moderate and well meaning people, who have been led by those creatures, start at this procedure; they begin to see through the veil what the miscreant Tories and monarchymen would be at. Some of them already tremble for the liberties of their country; and I believe they will show their leaders that they will be no longer duped by them. I never thought myself fit for a martyr, but I bear what they put upon me with a degree of cheerfulness, in hopes the people of the United States will profit by the lesson.
We had a great clamour last year about this time, when we heard of the French government sending a share of their legislature into banishment, by an act of power, in the face of the constitution. What is the odds between banishment and imprisonment from one's family and friends in a loathsome prison? What is the odds between making a law to prevent the minority, under pain of heavy fines and imprisonment, from justifying, by their arguments and documents, the principles and opinions by which they have been actuated in Congress; or banishing them by a summary act?—Let those who do these things shew the difference if they can.
When I look through my grates on the face of the earth, the first prospect before me is the mountains which overshadow on the west the ruins of Crown Point and Ticonderoga. This view brings to my contemplation the rifle we ran for the love of liberty, in taking the strong holds from the tyrant whose armies possessed them; and the many patriots who perished there by pestilence and the sword, in defence of the sacred name of Liberty. But alas! liberty has been yoked with the word equality, and both are condemned in this country as Jacobinical, and of French origin. I fear I shall not live to see that sacred name, once so beloved, so desired in America, restored to its former elevation.
I am told the legislature here are about to address the President; but I believe it will be far from unanimous.
I mourn with you for the death of our good friend Bac—he was too good a man to be tortured with the Sedition Law—God save it in that light, and took him to himself.
I shall trouble you no longer at this time, than to request you to give my respects to my friends in Virginia, as you have opportunity, and to let them know the operation of the Sedition Law in Vermont. You may be assured I will fervently pray every day that it may never reach your state. Do let me hear from you as soon as convenient. When you get to Congress, I shall take the liberty to trouble you often.
Among the many and the valuable fruits of the fickle dame fortune, which I have enjoyed, I consider the opportunity of your acquaintance one of the best, as well as the right of subscribing myself
Your sincere friend, and very humble servant,
M. LYON.
[When judge Patterson gave his charge to the jury in the case of the glebe lands, he told them, if legislators assumed to themselves the power to enact unconstitutional laws they ought not to be binding upon juries; and that courts and juries were the proper bodies to decide on the constitutionality of laws—But in the case of colonel Lyon, rules of law, principles of justice, duty of jurors, humanity and impartiality of the judge were all subverted; a new order of things took place; the case was altered—the judge then pronounced it to be beyond the power of jurors to investigate the constitutionality of laws; he pronounced the Sedition Law constitutional, and ordered the jury to decide upon facts.]