Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1804-03-28

TIC answers OF ne EtLEt'r ,fI7teS i1dN4g
To the heterogeneous, exhibited upon
the enquiry into the Official conduct of
Samuel Chase, ahl Richard Peters, Es-
CURES now depending in the House of
Representatives of the Congress OF the
United States.
|, Alexander James Dallas, being duly
sworn IN answ = to all and e,s,y Of The
Undergraduates above mentioned, do de-
pose and say,
That vas present, as herein after mem
toned, at the trials Of John Fries, IN a
charge for treason, in the circuit court OF
the Jnitcd States, for the district of Penn
SflvanIa, IN the wear, one thousand seven
hundred AID ninely-niDe ndoue thousand
eigh; hundred.
That the first trial took place in Nav,
one thousand seven hundred aud ninety-
nine, before Mr.. Iredell, an associate Judge
OF the supreme court ofthe United States,
ard Mr.. Peters, the district Judge. Mr..
Lewis, Mr.. w. Ewing, and myself were
counsel Tor the prisoner; and, in that cha.
racter we freely delivered 20 the jury, {
very argument in point of flct, and law.
which we 'hought proper. The trial was
conducted by the court, the Jury, and the
gentlemen who sustained the prosecution,
(Mr Rawle. the district attorney, and Mr..
Sitgreaves) with the greatest candor, i'm
partially, humanity and patience, during
period oil DAYS. The prisoner vas
however, convicted by the verdict Of the Ia
ry: but, on motion made by Mr. Lewis
and myself a new tri3l wa, GRANTED Drin
cipallv, believe, on the ground, that one
OF the Jurors, after he was summoned, &
before lie WAS sworn, had IN ld- eleclara
tons, maniiesting d preiudica,ion Of the
case, uniavora>le In The northerorotcrs in
general and, in particular to Fries.
That the circuit court was held at Nor
ristown. in O"t0ber, one thousand seven
hundred and ninety nine. Che yellow lever
ihonr sinG in ph,la1rlphialby Mr. Wash
ngtoer an Sssocie,e Judge ofthe supreme
court OF the United States, and Mr Peters.
The district nudge of Pennsylvania when
Mr. Lewis and myself again att nded, as
the counsel Of Fries. But some circum.
stances occurred (Which have never heard
auth"rlla iVely explained that induced ;he
court TO postpone the trial OF Fries, aud o.
Their prisoners, until the next term.
That the second trial Of Fries took place
IN the term commencing in April, one
thousand eight hundred before Nr Chase.
one of The associate Judges of,he supreme
court Of the United States. and Mr. Peters.
district Judge Of PENNSYLVANIA. At The in
stance OF toe prisoner, Nj Lewis and nv
sell were assigned by the court as his
counsel; and Mir Ineersoll attend d. oi,h
a vIaxv L..
torney' in support of he prosecution. On
the day appointed for the trial, entered
the court room, some time after the court
had been opened. and observed an urusu
AZ agitation among the gentlemen If the
bar. Fries was then standing in tn phi
soner's box; the Jurors summoned IN the
general panel, appeared to be attending
IN the jury boxes and other parts of The
hall and there was a considerable number
OF citizens assembled as auditors. Nv at
tentIon was immediately attra "tcd by the
eagerness Of a conversation. in which Mr..
Lewis and Mr.. Edward Tilghman were
engaged; but as soon as Mr.. Lewis saw
me enter, he hastened towards me. ont Of
the bar, and stated. in substance. " that.
alter The court was opened Mr.. Chase had
delivered paper to the clerk. which he
said contained the opinion Of the court, on
the law Of treason witha declaration. that
a copy should he wiven To- the distr I at
torney another COPY should be given 20
tine prisoners counsel and third COPY
should be delivered to The Jury. as soon as
the opening FOR the prosecution was 6ni n
ed that Mr.. Chase had made some re-
marks, CondCmning the arguments and
authorities produced on former trial 6,
that he had concluded with expressing AN
infection 20 prevent u recurrence to any
common law authorities, or 10 any other
authorities, prior to the English reyoluti-
on." Upon a briefexchange ofour senti-
ments, relative 10 this proceeding, Mr. Lew
Is and myselfcousiderc1j it as unpreccdent.
ed and improper; as injurious 10 the pri.
soncr; and a al invasion Of the rights and
independence of the profession; and here
lore, we determined 70 decline taking any
part in the defence. IN a recent CONVEX.
sation with Mr.. Lewis, he suggests to me,
that he does not recoieEt that we formed
the determination to withdraw at that time:
luf flfuLu Aforementioned tt.us - ----