Berkeley and Jefferson intelligencer. [volume] (Martinsburg, Va.) 1802-1810, 1805-03-08

towards persons tried 6elore hlm, than
BY his extensive know!edg( and great ia.
lents as a lawyer, PRONOUNCED the op'ni'
on ofhimself and his COLI ag1e, "that to
rrsis, or prevent BY force, the execution
OF particular law eftns United States,
does amount to lsyying war against them,
within the true meaning Of the cons.itu-
ton, and does therefore constitute the
crime of treason :" thereby adding the
weight of another and more solemn de-
ciSion, to the precedent which has been
established in the aforementioned cases
of Vigol and Mitchell.
Under this opinion Of the court on the
question Of law. the jury, having no
doubt as to the facts, found the said John
Fries guilty of treason, on the above
mentioned indictment. But a new trial
was granted by the court, not by reason
Of any doubt as to the correctness of the
decision on the question of law, bu.
solely on the ground, as this respondent
hath understood and believes, that one
Of the jurors Of the petit jury, after he
was summoned, but before he was sworn
on the trial had made some declarations
unfavourable to the prisoner.
The yellow fever having appeared in
Philadelphia in the summer of the year
1899, the aforementioned Richard Pc
tiers, then district judge of the United
States for the district Of Pennsylvania,
did according to law appoint the next
circuit court Of that district, to be held
at Norris Town therein. Pursuant to
which appointment, n circuit court was
held at Norris Town aforesaid, in and
for the said district, on the 11th dav Of
October in the last mentioned year, be-
fore Bushtol Washington, Esq. ,hen
one Of the associate Justices Of the su.
preme court Of the United States, AMI
the aforementioned Richard Peters; at
which court no proceedings were had on
the aforesaid indictment against John
Fries, because as this RESPONDENT hath
been informed and bellows, the COM
mission Of the marshal of tie said dis
riet had expired before he had summon
ed the jurors to attend at the said court,
and had not been renewed; BY reason Of
which no legal PANEL of jurors could
be formed.
On the 18th day of A Pril, A. D. 1900.
and from that day until the Cd day of
May, in the same year, circuit court
of'the United States was held a, Ph:!a.
del phia, in and for the district of Penn
sylvania, before this respondent, then
one of the associate justices of the su-
preme court of the United States, and
the above mentioned Richard Peters, then
district Judge of the United States for
the district of Pennsylvania. At this
court, the indictment on which the said
John Fries had been convicted as above
mentioned was quashed cx ohicio by
William Rawle, Esq. then attorney for
the United States for the distrietof Penn
s. lvAnia, and a new indictment was BY
him preferred against the said John
Fries, for treason "Glevy ing war agains.
the United States, BY resisting and pre-
venting by force, in the manner above
set forth, the execution ot:he abovemen-
toned acts Of Congress, for the valuati.
on OF lands and dwelling houses and the
enumeration Of slaves, and for levying
and collecting direct tax. This indict-
rnent Of which true copy, marked ex-
hibit No. /, is herewith exhibited by
this respondent, who prays that it may
be taken as part Of this his answer, being
found by the grand jury on the 10th day
OF April, the said John Fries was on the
same day arraigued thereon, and plead
not guilty. William Lewis and Alex
ander James Dallas, Esqrs. the same
persons who had conducted his defence
at his former trial, were again at his re-
quest assigned by the court as his couu.
sci; and his trial was appointed to be
had, on Tuesday the 22d day Of the last
month OF April.
After this indictment was found BY the
grand jury, this respondent considered
tswith great care and deliberation, and
fading, from three overt acts of treason
- Il