Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1805-03-09
HIGH CoUR1' or IllPA.ICA.,lA.NI !,
The .A'isscer and Pteqg 81 Samuel Chase.
CortInt,ed

CONTINUED.
Andil he dds cohsiderthem, was II no
bis duty to prevent them from being read
To the jury, except under those res,ri:li-
ons, aud Tor those purposes /! Would his
duty permit him 10 sit silently, and see
the Jury igueoSed oil and misicd 30 sil
silently aud hear book read TO them as
containing the law, which he knew did
not coutasn The law Such silence would
have rendered him party To The deccp.
ton, and would have Justly subjected him
TO all the conumsly, wi,ich conscieuti
Gus and courageous discharge OF his duty,
has so numerically brough, o. hi, name
Wi,h respect 10 the statutes OF the u.
! Di'ed States, winch he is charged VIII
having prevented the prisoners counse
from citing on the aforesaid trial, lie de
MES that be prevented any sct Of congress
tom being cited, either TO the court OF
Jury, on the SAID trial; or declared al any
time, that he would noppsrmit the prison
er's counsel 20 read 10 the Jury, or to The
court aay acl of congress whatever. Nor
does he remember or bsleVe, THAI he ex.
pressed on The sud trial, any disapproba-
ton ofthe conduct 0f the circuit court be
/ lore whom the said case was first tried
ia Permitting the act Of congress relating
20 crimes less than treason, commonly
called The se,i;fiss, acf, to b.. read TO The
Jury. lie admit, indeed that he was then
and SUI Is OF opinion, that the said aG OF
congress was wholly irrelevant To the is
sue' III the trial Of John Fries, and there
lore ought not to have been read 70 the
Jury, or regarded by them This opini.
on may be erroneous, but he trusts that
the Following reasons on which it was
founded, viii be considered by this homo
faoie court, as sufficiently strong to ren.
uef II possible and even probable, tha,
such an opinion might DC sincerely held
ano honestly expressed list. That con.
g'ess d'd not intend by the sedi,ion law,
20 eehhe the crime 0flreason - by ievyin2
war." Treason and sedi,ion are crimes
very DISTINCT in their nature, and s,b;eSt
70 very different punishmenis The Tor.
iner by death, and the latter by 6n. and
imprisonment. 2dly, The sedition I. 90
makes combination or conspiracy, with
intent TO impede the operation OF any Law
OF the United States, or the adyicino =.
attempting TO procure aBy insu,reS,,on
or riot, high misdemeanor, uun;sbohis
by fine and imprisonment bur comb
nation or conspiracy with intent 10 DR. ven,
the execution Of a law, or with intent 10
raise az insorre6lion for that purpose, or e.
ven with intent TO commit treason, is not
treason by "levying war" againt the U.
niied States, unless il be followed by an
atiempl to carry such combination or con-
spiracy into eHca, by actual force or vi.
oleuce. 3dly, The constitution Of the u
niied States is the fundamental and 81
preme law, and having deemed The crime
OF treason, congress could not give any
legislative Interpretation or exposition Of
that crime, OF Of the part Of the const,u-
ton by which X is defined. 4lhiy, The
authority OF the United States, is alone
vested With power 10 expound their con.
shiution and laws.
And this respondent further answering
saith, that after The above mentioned pro
e.eed'ngs bad taken place in the said trial,
was postponed until the nexi day, Wed.
"esday, April 2sd, 1900 when at the