Mr.L.-Generally speaking, the criminal trials take place in our state, in the court called the court of Oyer and Terminer, and do not interfere with civil trials. In the circuit court of the United States, where a number of criminals have been tried, I do not believe that the circumstance of there being a number of civil cases on the docket, ever had any effect upon criminal cases.

Mr. L.-We were.-It may be proper to mention that the trial did not go on the day that I declined acting and left the court. On the next day I went to court, but finding that they were proceeding with the trial, I left it immediately, and was not there, during the whole course of the trial. I learned that the court had offered to assign the prisoner Mr. William Lewis-cross examined by new counsel-but that pursuant to our advice, he had refused it ;-and that he had been found guilty.

Mr. Randolph-Have you not 'been frequently employed in the defence of criminals, and especially for treason-and have you not been a long time at the bar?

Mr. L.-I qualified in the court of common pleas in Pennsylvania in the year 1774, and in the supreme court in the year '75.-During my practice, I believe that I have defended more criminals in comparison to my other practice than any gentleman of the Philadelphia bar-when the British left Philadelphia, although very

C

Mr. Harper.

Q. Did you not appear for Vigol whe was tried for high treason?

A.-I did.

Q. What were the charges against him?

A.-Levying war against the United States.

Q. Did you not in the first trial of John Fries, in the year 1799, contend that resistance to a particular law of Congress was not treason, but only a riot?

Q-And in the case of Vigol you did fences shall be tried in the county where not make that point?

Q.-How long did the first trial last? you think so?

A.-It appeared to me that the conduct of the court would justify the counsel in withdrawing; and it did appear much Q. Did not Mr. Dallas appear with more likely, that the President would paryou for Fries in the first trial?

Evidence on the part of the United States.
Alexander James Dallas sworn.

Mr. Nicholson. Please to state your knowledge relative to the trial of Fries.

Mr. Dallas. I will endeavor to be as correct as I can in stating the facts relative to the trial, and also the order in which they took place, as well as the language used; but from the length of time which has elapsed since the trial, it is probable I may be mistaken in some part of my relation, as to the language and the order in which the facts took place.When the prisoners who were charged with having committed an insurrection in the counties of Bucks and Northampton were brought to Philadelphia, Mr. Ingersoll and myself were applied to by some gentleman in Philadelphia, to undertake their defence. Mr. Ingersoll being at the time attorney general of the state of Pennsylvania, determined not to defend them. About this time Mr. Lewis was also spoken to, and engaged in their defence. This produced a meeting at the jail where the prisoners were, and we gave the necessary information relative to a preparation for trial. A Mr. Ew ing, a gentleman of the bar had been employed to defend some of the prisoners, and undertook the defence of Fries with us. This was the first trial, the circumstances of which have been related.

On the morning of the second trial, I did not enter the court until some time after it was called. Fries was then in the box assigned for the prisoners. I pressed towards the bar, when my attention was attracted by an animated conversation which was taking place, between Mr. Lewis, and Mr. Edward Tilghman.When Mr. Lewis observed me, he met me, and related what he has stated here, He said that Judge Chase had declared that the court had made up their minds with respect to the law relative to treason, and had ordered three copies of the opinion to be made out; one for the attorney of the district; one for the prison

er's counsel; and a third for the jury to
take out with them. After having ex-
bar together, something fell from the
changed our sentiments, we entered the
court, which caused a reply from Mr.
Lewis. I believe the question was, whe-
defence.
ther we were ready to proceed with the
Mr. Lewis observed that there
were no doubts as to the facts, and as the
he did not expect that he should be able to
court had made up their minds as to the law
change them; and that he should decline
acting as counsel for Fries. I at this time
addressed the court and recapitulated what
had been told me by Mr. Lewis, thinking
that there might be some mistake, for al-
though I was certain that Mr. Lewis
would not have related any thing that was
might have misunderstood him.
not true, yet I deemed it probable that I

After a moment's pause, in order that I might be corrected if in an error, I proceeded and delivered some general remarks as to the powers of the court and jury in criminal cases; and concluded by stating to the court my determation not to consider myself as counsel for the prisoner any longer, under the opinion which the court had given.

I remember to have heard Judge Peters
say to Judge Chase, "I told you so; I
knew they would take the stud." Judge,
Peters also on the same day expressed a
wish that we would proceed with the de-
fence, and to take any range we pleased.
The bar and the audience appeared ex-
tremely surprised at the transactions of the
day. On the second day it became the
subject of altercation whether we had a
right to address the jury upon the law.
Judge Chase then said, that although he
had before stated, that we must not, yet
that we might address the jury on the law,
but it would be at the hazard of our repu
tion. This had the contrary effect rather ar
than to induce me to proceed. In the e-
vening of that day, Mr. Lewis and my-
self visited Frise at the prison. We stated
to him, that we had two objects in view,
the first was that of saving his life, and
the second to maintain our privileges as
members of the bar. We told him that
under the then existing circumstances, we

1

had no hopes ofan acquittal, as there were no doubts as to the facts and the court having made up their opinion as to the law and the jury having heard the declaration of the court which would influence their verdict. And we told him that if he would consent to our withdrawing from his defence, and refuse to accept other counsel, it would be a strong recommendation to the President for a pardon. He appeared at first extremely alarmed, but aftersome time he agreed to our proposition. We told him at the same time that if he insisted on it, we would proceed to defend him at every hazard.

ed, and who wished the horns of the stag in the king's belly, and also that of the inkeeper who kept the sign of the crown, and who said he would make his son heir to the crown, in order to shew the great lengths to which the doctrine of constructive treason was carried.— We then contended that although the judges since the revolution in England, had become independent of the crown, yet they considered themselves as bound by these decisions of their predecessors, and therefore ought not to be considered as authorities to govern our courts on the subject of treason. We also read the statutes of Congress, particalarly the first section of the act called the sedition law, in order to shew that the legislature of the United States had decla red the offence of which Fries was charged to have committed to have been only a riot, and punishable with fine and imprisonment. We attempted to show a difference between the case of Fries and the western insurrection, and I was surprised that the cases should have been decided to be similar. After a new trial was granted, my attention was almost entirely directed to the object of shewing a difference between the two cases at the second trial. This is all that I recollect of the circumstances, but whatever might have been my conduct. in order to save the life of the prisoner, I then left the court, and I believe Mr. yet never had the least intention Lewis did also.

On the next day we both stated to the court that we were no longer his counsel, upon which both Judge Peters and Judge Chase spoke in the manner in which Mr. Lewis has stated it. We determined to adhere to our determination of withdrawing. Judge Chase then said that we might think to embarrass the court, but we should find ourselves mistaken. He then asked Fries if he wished other counsel assigned him. The prisoner replied that he did not know what was best for him to do, but would leave it entirely to the court. Judge Chase then observed, that by the blessing of God, they would do him as much justice as the counsel who had been assigned him.

On the first trial of Fries we were allowed to address the jury both on the law and on the fact-to read what authorities we pleased, both before and after the revolution in England, and also the statutes of Congress in order to shew that Fries had only been guilty of a riot. Our law points were, that the constitution had defined the law concerning treason, and that the legislature, nor the judges had the power of defining it. We argued that the judges before the revolution in England held their office at the pleasures of the crown, and therefore would make any thing treason.We took up the common law decisions to shew, not what was the law but what had been their decisions. We cited the case of the man whose stag the king kill

bringing the court into odium.

Mr. Nicholson-was the jury present at the time that Judge Chase declared that the counsel on questions of law must address themselves to the court?

Mr. Dallas-I knew not whether he made this declaration on the first day, as I before stated, that I was not in court at the time and it was related to me by Mr. Lewis.

Mr. Nicholson-when the judge observed that you might proceed at the hazard of your reputation, were the papers withdrawn

Mr. Dallas-I knew not, but I think the judge observed that they were.

TRIAL OF THE

Hon. SAMUEL CHASE, Esq.

Continued.

ftained by receiving a prejudged opinion, or one made up without hearing counfel." I have not any recollection of any thing further paffing on the first day between the counfel and the court; when Mr. Lewis made ufe of the last expreffion, his face was not turned towards the court, and D