Abridgment of the Debates of Congress, from 1789 to 1856, Vol. 3 (of 16)United States. Congress
History
Abridgment of the Debates of Congress, from 1789 to 1856, Vol. 3 (of 16)
United States. Congress
Law -- United States; United States -- Politics and government
Mr. SMILIE.--If the gentleman from Vermont had commanded a little
patience, he would have perceived the remarks which he has just made to
have been altogether unnecessary. He would have perceived the necessity
imposed upon me by the observations of the gentleman from Virginia of
stating those facts to which that gentleman alluded. It must be seen that
these proceedings contemplate the possibility of an impeachment. It will
be recollected by gentlemen who were in Congress at the last session,
that I was then led to give a statement of facts respecting the conduct
of Judge Chase on a particular occasion. That statement was not made with
a view to impeachment. A bill had been introduced to change the districts
of the circuit courts of the United States; when I discovered that Mr.
Chase was assigned to the district of Pennsylvania, I felt interested
in having him transferred to another district, considering that his
previous conduct had rendered him obnoxious to the people of that State.
These circumstances I stated to the House, and was in consequence called
upon to assign my reasons why Judge Chase was obnoxious to the people of
Pennsylvania. This is the history of the business so far. I am now called
upon to state the facts which I mentioned on that occasion. This I shall
do briefly.
A man of the name of Fries was prosecuted for treason in the State of
Pennsylvania. Two of the first counsel at that bar, Mr. Lewis and Mr.
Dallas, without fee or reward, undertook his defence. I mention their
names to show that there could have been no party prejudices that
influenced them. When the trial came on, the judge behaved in such a
manner that Mr. Lewis declared that he would not so far degrade his
profession as to plead under the circumstances imposed upon him. Mr.
Dallas declared that the rights of the bar were as well established as
those of the bench; that he considered the conduct of the judge as a
violation of those rights, and refused to plead. The facts were these:
The judge told the jury and the counsel that the court had made up their
minds on what constituted treason; that they had committed their opinion
to writing, and that the counsel must therefore confine themselves to
the facts in the case before the court. The counsel replied that they
did not dispute the facts, but that they were able to show that they
did not constitute treason. The end of the affair was, that the counsel
retired from court, and the man was tried without counsel, convicted, and
sentenced to death.
After this the Attorney General wrote a letter to Messrs. Dallas and
Lewis, requesting them to furnish their notes and opinions for the use of
the President. They drew up an answer, in which they stated that the acts
charged against Fries did not amount to treason, but were only sedition;
and that they were so considered in the British courts. This letter
was read to me by Mr. Dallas. After receiving the letter the President
pardoned the man.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account