The Sages and Heroes of the American RevolutionJudson, L. Carroll (Levi Carroll)
History
The Sages and Heroes of the American Revolution
Judson, L. Carroll (Levi Carroll)
United States -- History -- Revolution, 1775-1783 -- Biography
In 1800 Judge Chase presided on the bench of the U. S. Circuit Court at
Philadelphia, assisted by Judge Peters of the District Court of
Pennsylvania when and where John Fries was put upon his trial a second
time for high treason against the Commonwealth of Pennsylvania, owing to
some informality in his previous trial before Judges Iredell and Peters.
Having been fully informed of the points of law at issue and of the
proceedings at the first trial, Judge Chase had prepared an elaborate
exposition of the law upon treason without referring to a single fact in
the case. With the approval of Judge Peters he furnished a copy to the
counsel for defendant, the District Attorney and reserved one for the
jury after the trial should be completed. Messrs. Lewis and Dallas,
counsel for the prisoner, affected to consider this a pre-judgment of
the case and permitted Fries to be tried without the aid of
counsel--unquestionably intending and successfully succeeding in
creating a general sympathy that procured his pardon immediately after
conviction. Fries subsequently called on Judge Chase and thanked him for
his impartial and generous course upon the trial. The whole matter was
then looked at in its true light--a _ruse_ of ingenious counsel. No one
attributed bad motives to the bench. The approval of honest clear-headed
Judge Peters is conclusive proof that Judge Chase was judicially
right--_prima facie_ evidence that his motives were pure. He had written
an opinion upon the _law_--not upon the _facts_ of the case. This he had
frankly furnished to the counsel--not to the jury before the trial. He
was bound to explain the law to the grand jury before they should
proceed to their business--to the traverse jury when he gave them their
charge. This constituted the first charge in the articles of
impeachment.
Shortly after the trial of Fries he presided at Richmond, Virginia, when
and where one Callendar was tried under the Sedition Law for publishing
a libel upon the President. During the trial Judge Chase refused the
admission of certain testimony offered on the part of the prisoner which
exasperated those who were opposed to the law in question. He honestly
believed the law salutary as a check upon the venality of the
press--others thought differently. Right or wrong--his oath of office
bound him to act _under_ the law so long as it remained in force. That
his decision was legally correct must be presumed from the fact that
under the great excitement then existing no writ of error was taken in
the case. This formed the foundation of the second charge.
Public-domain text, read in full here on John Shaqi.
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