Leo Frank TV

Here is the translated text as follows:Anid Lae---Se Ae RanSity Law Library---If you have any additional context or content you'd like to include, please let me know!

Here is the translated text as follows:Index- Mr. Gale's closing address to the jury for the State: 72-76- Mr. Wright's closing address to the jury for the prisoner: 76-108- Mr. Bay's closing address to the jury for the State: 106-153- Judge Stone's charge to the jury: 153-160- The verdict of guilty: 161- The sentence to death: 161- The Supreme Court refuses a new trial: 161- Braff, the accomplice, afterwards tried and acquitted: 163- The execution: 162Worrell, Edward D.- Counsel for the prisoner in the trial of Edward D. Worrell for the murder of Basil H. Gordon: 5- His opening speech

Here is the translated text as follows:INDEX901Witnesses—Continued:- Strong, William, 446- Stuart, Warren V., 13- Sturgeon, Isaac H., 32- Sumner, Charles, 736- Symmonds, Thomas, 457- Taylor, Clay, 17- Taylor, Colonel John, 856- Taylor, John, 607- Taylor, Kate, 643, 658- Thayer, Nathaniel, 428- Thomas, Mrs. Ella, 237- Thompson, James, 447- Thompson, Mrs. Mattie, 228- Tillander, O., 241- Tilary, Dr., 570- Todd, John W., 223- Townsend, Gregory, 448- Tudor, Captain, 535- Turner, W. E., 239- Turner, Samuel A., 734- Urquhart, George, 58- Ursenbach, C. F., 315- Ursenbach, Mrs. C. F., 215- Vanderhoff, Prof. J. B., 223- Vesey, Rev. Mr., 535- Waddel, John, 447-

Here is the translated text as follows:Index of Witnesses**Patterson, B. L.** - 218**Payne, Edward** - 458**Payne, Frank** - 217**Peabody, Joseph** - 708**Peres, Joseph** - 711**Pettis, Nellie** - 238**Peyton, W. H.** - 731**Pickett, B. H.** - 240**Pierce, James** - 645**Pirk, Mary** - 213, 238**Pleasants, Samuel** - 843**Pollard, C. E.** - 208**Post, Dr.** - 570**Prentiss, James** - 649**Prescott, E. G.** - 736**Prescott, Ebenezer** - 737**Pride, Arthur** - 218**Prince, Newton** - 448**Quary, George** - 610**Quentin, George H.** - 721**Quinn, Lemmie** - 209**Ralain, Robert W.** - 66**Randall, Jno. Jr.** - 166**Ray, Adam** - 571**Read, Benjamin B.** - 709**Read, John** - 528**Reed, J. D.** -

Here is the translated text as follows:Index B99Witnesses—Continued- Larcom, Benjamin, 709- Lasher, Herbert, 223- Lasaiter, R. M., 199- Lee, Benjamin, 452- Lee, Charlie, 217, 288- Lee, Newt, 190- Levy, Mrs. A. P., 212- Lewis, Harry, 223- Lewis, John, 711- Lightner, Dr. J. G., 608- Lincoln, John W., 548- Loeb, Cohen, 212- Loeb, Helen, 238- Loeb, Julian, 212- Loeb, Marcus, 238- Lyon, James, 843- Mangum, C. W., 208- Mann, Alonzo, 214- Mansfield, John, 458- Marcus, Mrs. A. E., 216- Marcus, Mrs. M., 216- Marshall, Edward, 528- Marshall, Thomas, 429- Martin, Al H., 644, 659- Marz, Dr. David, 223- Marx, Mrs. David,

Here is the translated text as follows:IndexWritings—Continued- Haas, Isaac, 224- Hale, Daniel F., 787- Hall, Coruther, 208, 337- Hall, Hattie, 208- Hamilton, I. M., 218- Hancock, Dr. Thomas, 220- Hare, Peter, 612- Harlow, Gideon, 550- Harris, A. I., 238- Harris, Dr. H. F., 200- Harvey, Ford, 19- Haslett, B. B., 198- Hatchett, Mary, 237- Hatchett, Willie, 237- Hay, Gustavus, 167- Hayes, Velma, 237- Hays, Ida, 228- Hearn, J. T., 238- Hefner, F. P., 288- Heilbron, Fred, 238- Hemingway, Samuel, 426- Hewes, Sheubel, 445- Heyman, Arthur, 223- Heywood, Dr. B. F., 643, 551- Hewell, Dewey, 239- Hicks, C. H., 644, 659-

Here is the translated text as follows:IndexWitnesses—Continued- Daniels, Benjamin, 711- Darley, N. F., 198, 206, 288- Davers, R. V., 399- Davis, Benjamin, 445, 450- Davis, Isaac, 549- Davis, Mary, 238- Davis, William, 451- Denham, Mrs. Georgia, 287- Denham, Harry, 210- Devens, Captain, 781- Dickerson, Opte, 223- Dittler, Alex, 388- Dittler, Emil, 238- Dixon, John, 843- Dixon, William, 446- Dobbs, L. S., 191- Dodge, James, 424- Domingo, Simon, 726- Donaldson, J., 169- Donegan, Mrs. C. D., 238- Duffy, J. H., 287- Dunn, James, 67- Duval, William, 842- Eaton, Thomas B., 560- Edwards, Rodolphus C., 543, 550- Einstein, L., 288- Elder, W.

Here is the translated text as follows:Index of Witnesses—Continued- Bernard, S., 238- Bethune, Captain, 733- Bird, J. P., 218- Black, John R., 194- Blair, Mollie, 237- Bliss, Theodore, 458- Blocher, Daniel, 67- Boehm, Julian V., 238- Born, J. T., 238- Botson, William, 447- Bourgat, Charles, 611- Bovell (a soldier), 630- Bowe, General, 166- Bowe, Robert, 168- Bowman, Archibald, 446- Boyce, Leon, 288- Branch, Harlee, 719- Brent, T. Y., 242- Brewer, James, 425- Bridgham, Ebenezer, 424- Briggs, Capt. Jeremiah, 730- Brown, Joseph, 288- Brown, William, 605- Bruce, W. S., 734- Buckly, John, 529- Buckley, John, 447- Budd, Capt. George, 731- Burdick,

Here is the translated text as follows:INDEX---**The Judges**Page 567**The Counsel for the Prosecution and Defense**Page 568**Mr. Vanhook Opens the Case for the Prosecution**Page 568**The Evidence**Pages 569-580**Mr. Morton's Speech for the Defense**Pages 580-581**Mr. Vanhook Follows for the Prosecution**Pages 581-583**Mr. Sampson's Humorous Speech for the Defense**Pages 583-598**The Decision of the Court**Pages 598-600**The Acquittal**Page 600---**Warr, Huot**See Ware, WLM**Wipe, Sauor**Judge in the trial of Orrin DeWolf for the murder of William StilesPage 540**Wilkinson, Ezra**Counsel for the Commonwealth in the trial of Orrin DeWolf for the murder of William StilesPage 541His argument for the ProsecutionPages 551-553**Wusor, Andrew P.**Counsel for the Prisoner in the trial of

Here is the translated text as follows:INDEXTREASON- Bayard, Nicholas, 518-539- Hodges, John, 163-181- Letaler, Jacob, 612-617Trowbridge, JudgeJudge in the trial of William Weems and other British soldiers for the murder of Crispus Attucks and others, 418. His charge to the Jury, 496-508.Van Hoorn, Mr.Counsel for the Prosecution in the trial of Alexander Whistelo for bastardy, 568. His opening speech, 568. His closing speech, 581-583.Van Wren, Pierre C.Judge in the trial of Alexander Whistelo for bastardy, 567.Verarques, JosiahSee Gerrit, Jacob.VenueChange of venue refused when asked on the grounds of prejudice in the community and newspaper comments, 629.Wann, WilliamSee Weems, William.Warrens, RobertJudge

Here is the translated text as follows:INDEXRossiter, Howard S.- Counsel for the prisoner in the trial of Mrs. Herman H. Hirsch for blackmail, 656.- His speech to the jury for the prisoner, 686-691.Roe, Francisco- See Garrett, Penrose.Sampson, William- Counsel for the prisoner in the trial of Alexander Whistelo for bastardy, 568.- His humorous cross-examination of Dr. Mitchell, the expert, 674-678.- His humorous speech for the prisoner, 583-598.Sempron Act- See Callender.Cooper, Thomas- Judge in the trial of Orrin DeWolf for the murder of William Stiles, 540.- His charge to the jury, 553-564.- Sentences the prisoner to be hanged, 664.Slaton, John M.-

Here is the translated text as follows:Index**His Opening Address to the Jury**Pages 170-176**His Closing Speech to the Jury**Pages 176-181**Piracy**Trial of Pedro Gibert and eleven othersPages 699-773**Postana, Juan Antonio**See also Grmret, Pogo**Preston, Captain Thomas**See also Weems, WilliamThe trial of Captain Thomas Preston for the murder of Crispus Attucks and othersPages 509-610- **The Narrative**Page 509- **The Jurors**Page 508- **The Evidence**Page 509- **The Verdict of Acquittal**Page 610**Pumstter, Dr. Joseph**Sketch of Dr. Joseph PumstterPage 776Recommends Thomas Cooper to President AdamsPage 781**Quincy, Josiah Jr.**Counsel for prisoners in the trial of William Weems and other British soldiers for the murder of Crispus Attucks and othersPage 421-

Here is the translated text as follows:INDEX891Nixon, Hoar- Counsel for the United States in the trial of James T. Callender for libel, 821.- His opening speech to the jury, 840-841.- His second speech to the jury, 851-856.New Trials- Refused by the Supreme Court after the conviction of Edward B.D. Worrell for the murder of Basil H. Gordon, 161.- Refused by Judge Roan after the conviction of Leo Frank for the murder of Mary Phagan, 410.- Also refused by the Supreme Court of Georgia, 410.- Also refused by Judge Hill, who succeeded Judge Roan, 410.- Also refused by the Supreme Court

Here is the translated text as follows:IndexLynne, Bensautn- Judge in the trial of William Weems and seven other British soldiers for the murder of Crispus Attucks and others, 418.- Judge in the trial of Captain Thomas Preston for the same crime, 610.Manwaring, Edward- Trial for the murder of Crispus Attucks and others, 511.- The Narrative and Trial, 611.Maverick, Samuel- See Weems, William.McCauley, Wor- See Weems, William.McConaghy, Robert- Trial for the murder of Rosanna Brown and her five children, 601-623.- The Narrative, 601-602.- The Judges, 602.- The Counsel for the Commonwealth, 603.- The Counsel for the Prisoner, 604.- The Indictment, 604.-

Here is the translated text as follows:IndexMistrial Requests:- A mistrial was requested and refused due to cheers from the crowd in the street while the jury was deliberating (pages 298-400).Change of Venue:- A change of venue was refused despite requests due to community prejudice and newspaper criticism (page 629).Juror Objections:- No objection was raised to a juror who, along with the complainant, was a stockholder in the same corporation (page 629).Notable Individuals:- Adams, John (pages 421, 509)- Arnold, Reuben R. (pages 189, 628, 656)- Bay, W. V. N. (page 5)- Bedgood, James H. (pages 628, 656)- Bell, James M. (page

Here is the translated text as follows:IndexHovars, John- Trial of, for treason, 163-181- The Narrative, 163- The Judges, 163- The Counsel, 164- Mr. Glenn's opening speech, 164-165- The witnesses for the Prosecution, 166-169- The witnesses for the Prisoner, 169- Mr. Glenn asks for instruction from the Court as to what constitutes treason, 168- Mr. Pinkney objects, 170- Mr. Pinkney’s address to the Jury, 170-176- Chief Justice Duvall rules that delivering up the prisoners to the enemy was treason, 176- Judge Houston dissents, 176- Mr. Pinkney’s closing speech to the Jury, 176-181- The verdict of not guilty, 181Hoores, Frank A.- Counsel

Here is the translated text as follows:Index**Gwrx, Alexander**- Counsel for the Commonwealth in the trial of Robert McConaghy for the murder of Rosanna Brown and her five children, 803.H**Hass, Hesseet**- Counsel for the prisoner in the trial of Leo Frank for the murder of Mary Phagan, 189.**Haz, John H.**- Counsel for the prisoner in the trial of John Hodges for treason, 164.**Harreaan, James**- See Wrens, William.**Hay, Gronox**- Counsel for the prisoner in the trial of James T. Callender for libel, 821.- Asks for postponement of trial until next term, 826-827.- His address to the jury interrupted by Judge Chase, 866.-

Here is the translated text as follows:INDEXGovernor Slaton commutes the sentence to imprisonment for life, 412.Frank is attacked in prison by a fellow convict and severely wounded, 412.Frank is lynched by a mob, 413, 414.Gaz, Dame Q.Counsel for the State in the trial of Edward D. Worrell for the murder of Basil H. Gordon, 5.His closing address to the jury, 12-76.Gazcu, AngelSee Greer, Proao.Greer, ProaoTrial of Pengo Greer, Brasavo DeSoto, Francisco Rom, Nicova Costa, Antonio Ferrer, Maximo Borja, Domingo De Guzman, Juan Antonio Portana, Manuel Castillo, Angel Gazcu, Jose Velazquez, and Juan Montenegro for piracy, 699-773.The narrative, 699, 700.The Judges,

Here is the translated text as follows:INDEX 885**His Speech to the Jury for the Prisoner**- Pages 634-537**Executions**- Boyaa, Manuel (piracy), 773- Castillo, Manuel (piracy), 778- Garcia, Angel (piracy), 773- Gibert, Pedro (piracy), 773- Leisler, Jacob (treason), 516- Montenegro, Juan (piracy), 113- McConaghy, Robert (murder), 521- Ruiz, Francisco (piracy), 173- Worrell, Edward D. (murder), 162**Experts**- The testimony regarding the possibility of a white child having a black father, 571-580**F****Ferrara, Antonio**- See Cusack, Pedro**Frank, Leo M.**- Trial for the murder of Mary Phagan, 182-414**The Narrative**- Pages 182-188**The Judge**- Page 138**The Lawyers for the State and Prisoner**- Page 189**The Jurors**- Page 190**The Witnesses

Here is the translated text as follows:INDEX**Cornbury, Edward H.**Governor of New York Province, 518**Costa, Nicola**See Gremut, Pozo**Cushing, John**Judge in the trial of William Weems and other British soldiers for the murder of Crispus Attucks and others, 418D**Davis, John**Judge in the trial of Gilbert Pedro and others for piracy, 700**De Guzman, Domingo**See Graext, Papzo**Dunstan, Abraham**Judge in the trial of Nicholas Bayard for high treason, 521**De Soto, Bernardo**See Graret, Pro**Dewey, Charles A.**Judge in the trial of Orrin De Wolf for the murder of William Stiles, 540**DeWolf, Orrin**Trial for the murder of William Stites, 540-566- The narrative, 540- The Judges, 540- The Counsel

Here is the translated text as follows:INDEXCoacrzs, John D.- Counsel for the State in the trial of Edward D. Worrell for the murder of Basil H. Gordon, 6- His opening speech to the jury, 7-11Confessions- DeWolff, Orrin (murder), 564- McConaghy, Robert (murder), 621Continuance- Refused by the court in the trial of Edward D. Worrell for the murder of Basil H. Gordon, 6Cook, W. J.- Trial for blackmail, 624-654- The Narrative, 624-627- The Judge, 628- The Counsel for the State and Prisoner, 628- The Jury, 629- Mr. Bedgood moves for a change of venue due to community prejudice and newspaper comments,

Here is the translated text as follows:IndexJudge Chase and the Trial Proceedings- Judge Chase admits the book as evidence, pages 847-860.- Libelous extracts from the book relating to Presidents Washington and Adams, pages 860-855.- Mr. Nelson's second speech to the jury, pages 851-856.- Mr. Taylor, a witness for the defense, is rejected by the court because he could not prove the truth of all the alleged libel, pages 857-861.- Mr. Wirt addresses the jury for the prisoner, page 861.- Interruptions by Judge Chase, pages 861-862.- Mr. Nicholas addresses the jury for the prisoner, page 865.- Mr. Hay’s address to the

Here is the translated text as follows:INDEX881Counsel for the State in the trial of Mrs. Herman H. Hirsch for blackmail, 656.His closing speech to the jury for the State, 691-495.Bromish SovereignsSee MANWANINA, KPWAGP, Preston, Carr, THOMAS, Wome, Woan.Brown, ClarkAuthor of the history of Franklin County, Missouri, 162. Reminiscences of the execution of Edward D. Worrell for murder, 162.Brown, RosannaTrial of Robert McConaghy for the murder of Mrs. Brown and her five children, 601-628.Broventon, Sampson J.Attorney-General of New York Province, 521. Refuses to prosecute Colonel Nicholas Bayard for high treason, 621.Brory, William H.Acquitted of the murder of Basil H. Gordon, 182.Bourlock,

Here is the translated text as follows:### Index#### Court Proceedings- **The Court Sustains the Indictment**: Page 524- **The Jury**: Page 524- **The Prisoner Petitions the Court for a Jury of Englishmen**: Page 525- **Mr. Weaver's Opening Speech**: Page 525- **Witnesses for the Prosecution**: Pages 525-530- **Mr. Nicholl's Speech to the Jury for the Prisoner**: Pages 531-534- **Mr. Emot’s Speech to the Jury for the Prisoner**: Pages 534-537- **The Chief Justice's Charge to the Jury**: Pages 536-537- **The Verdict of Guilty**: Page 537- **The Prisoner’s Petition for Mercy**: Page 538- **The Sentence to Death**: Page 539- **The Prisoner Pardoned and Released**:

Here is the translated text as follows:INDEXAAdams, John- Counsel for the prosecution in the trial of William Weems and other British soldiers for the murder of Crispus Attucks and others, 421.- His closing speech to the jury, 471-490.- Counsel for the prisoner in the trial of Captain Thomas Preston for the same crime, 510.- Libeled while President of the United States by Thomas Cooper, 778.Adams, Joseph- Judge in the trial of Robert McConaghy for the murder of Rosanna Brown and her five children, 602.Arnold, Reuben R.- Counsel for the prisoner in the trial of Leo Frank for the murder of

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Here is the translated text as follows:876 XY. AMERICAN STATE TRIALSIf the Constitution of the United States had not given the judiciary the right to decide on the constitutionality of Federal laws—yet if such power could be exercised, it could not be by a juror. This is because it is a maxim of law in all the states that the courts have the exclusive right to decide every question regarding the admissibility of evidence in every case, civil or criminal, whether the evidence is by act of assembly, by deed, or other writing, or by witnesses.Judge Chase concluded by observing

Here is the translated text as follows:The courts of the United States will be uniform, or they will become so through the revision and correction of the Supreme Court. This ensures that the same principles will pervade the entire Union. However, the opinions of petit juries will likely differ across various states.The decisions of courts of justice will not be influenced by political and local principles and prejudices. If inferior courts commit errors, these can be rectified. However, if juries make mistakes, there is no revision or control over their verdicts, and therefore, no mode to obtain uniformity in their

Here is the translated text as follows:In the case of the United States, the statute was challenged but ultimately deemed constitutional by the courts, and their decision was accepted.I came across a report of a case, Kamper v. Hawkins, decided in 1793 in the general court of this commonwealth. The case concerned the constitutionality of a law that granted district courts the power to issue injunctions in certain situations. The judges of the general court, by a four-to-one decision, determined that the law was unconstitutional and void.Yesterday, I reviewed the record of another case from the Court of Appeals of

Here is the translated text as follows:If this exposition of this solemn obligation is substantially correct, I cannot believe that any person with the same understanding of it will maintain that a petit jury can rightfully exercise the power granted by the Constitution to the Federal judiciary.From these considerations, I draw the conclusion that the judicial power of the United States is the only proper and competent authority to decide whether any statute made by Congress (or any of the state legislatures) is contrary to, or in violation of, the Federal Constitution.This was the opinion of the Senate and House

Here is the translated text as follows:Among other things, it is declared that the Constitution shall be the supreme law of the land. By the third article, it is established that "the judicial power of the United States shall be vested in one Supreme Court, and in such inferior courts as Congress may from time to time ordain and establish; and that the judicial power shall extend to all cases in law and equity, arising under the Constitution and laws of the United States."Among the cases which may arise under the Constitution are all the restrictions on the authority of

Here is the translated text as follows:The effects of the exercise of this power by petit jurors may be readily conceived. It appears to me that the right now claimed has a direct tendency to dissolve the Union of the United States, on which, under Divine Providence, our political safety, happiness, and prosperity depend.No citizen of knowledge and information, unless under the influence of passion or prejudice, will believe, without very strong and indubitable proof, that Congress will intentionally make any law in violation of the Federal Constitution and their sacred trust. I admit that the Constitution contemplates that Congress

Here is the translated text as follows:If anyone can be so weak in intellect as to entertain this opinion of Congress, they must give up the exercise of the power when informed that Congress had no authority to vest it in any body whatsoever. This is because, as I will hereafter show, the Constitution expressly grants this right to the judicial power of the United States, and it is recognized by Congress through a perpetual statute. If the statute were to be held void by a jury, it would seem that they could not claim a right to such a

Here is the translated text as follows:In the case before them, the jury's role is to determine the facts and not to decide whether a statute of the United States is a law or whether it is void based on the opinion that it is unconstitutional, meaning contrary to the Constitution of the United States. I acknowledge that the jury must compare the statute with the facts presented and then decide whether the actions taken are prohibited by the law and whether they constitute the offense described in the indictment. This power is necessarily possessed by the jury to enable

Here is the translated text as follows:In the case of American State Trials, the statute under which the defendant, referred to as the traverser, is indicted provides an excuse if the allegations contained in the publication are proven true. If not all of the twenty sets of words stated in the indictment as charges against the traverser are proven, or if the traverser can prove any of them to be true, the jury will acquit him of those charges not established against him, as well as those he can prove to be true. The jury will then find him guilty

Here is the translated text as follows:JAMES THOMPSON CALLENDERI wish to interrupt them improperly; there was no occasion to be captious, and concluded thus, "Act as you please, sir."Judge Chase, I will assign my reasons why I will not permit the counsel for the traverser to offer arguments to the jury, urging them to do what the Constitution and law of this country will not permit. If I should allow it, I would, in my judgment, violate my duty, disregard the Constitution and law, and surrender the judicial power of the United States—that is, the power entrusted by the Constitution

Here is the translated text as follows:866 X. AMERICAN STATE TRIALSYour Honor, the arguments I shall present are directed to the court, not intended for the jury or the numerous audience present. This decision holds significant importance; much of the public happiness, peace, and liberty depend on the final verdict pronounced on this matter. Initially, I had doubts, but a calm and dispassionate inquiry, along with the most temperate investigation and reflection, has led me to believe and assert that the jury has the right to determine every question necessary before a sentence can be pronounced upon the defendant.I contend

Here is the translated text as follows:JAMES THOMPSON CALLENDERAccording to the dictates of conscience and the laws of the country, controlling them would endanger the right of this most invaluable mode of trial.I have understood that some reliance would be placed on two decisions of the courts of this State, in which they determined two acts of our legislature to be unconstitutional. However, when we analyze these decisions, they do not authorize the belief that the jury lacks the right I contend for. They only prove that the judiciary can declare legislative acts to be unconstitutional; they do not prove

Here is the translated text as follows:As challenging as the task may be, I shall offer a few observations to show that they have this right. I intend to defend Mr. Callender by establishing two points.First, a law contrary to the Constitution is void. Second, the jury has the right to consider both the law and the facts. It seems to be universally acknowledged that when the legislature exercises a power not granted by the Constitution, the judiciary will disregard their acts. The second point, that the jury has the right to decide the law and the facts, appears equally

Here is the translated text as follows:JAMES THOMPSON CALLENDERThe question of whether a petit jury has the right to decide on the constitutionality of a law is one that I have deliberately considered. I am ready to explain my reasons for concluding that the jury does not possess this right and that granting such power would be extremely dangerous. Hear my words: I wish the world to know them—my opinion is the result of mature reflection.Mr. Wirt: I shall state to the court, in a few words, the reasons which have led me to attribute this right to the jury.

Here is the translated text as follows:In the case of American State Trials, the question arises whether juries have the right to determine both the law and the facts. In Virginia, an act of the assembly has adopted the common law of England; therefore, this common law possesses all the authority of a legislative act within the state. According to an act of Congress, the rules of proceedings in the Federal courts in various states are directed to conform to the rules of the states in which such courts may be in session. By that act of Congress, it is

Here is the translated text as follows:JAMES THOMPSON CALLENDEROther testimony, however irregular or improper, might also be admitted. Particularly, it would be a departure from the universal principle of law, which requires the production of the best testimony that the nature of every case admits. The journals and records of Congress are the best evidence of what votes have been given on any subject discussed before that body.John Chase, Mr. Nelson: Being very much pressed by the young gentlemen who defend the traverser to admit this testimony, I was going to recommend that you permit those questions to be put

Here is the translated text as follows:In the opinion given by the court, I understand that evidence cannot be produced by the traverser to prove the truth of only a part of a charge. However, if evidence could be adduced to prove the entire charge, then such evidence would be admissible. One specific charge is twofold: that the President is an aristocrat and that he proved serviceable to British interests.We believe the evidence will support this charge. We wish to prove the truth of the entire charge if we can, though I am not certain it is within our power.

Here is the translated text as follows:JAMES THOMPSON CALLENDERGranting you a writ of error in the Supreme Court is on these grounds that I reject the evidence of the gentleman. The very argument assigned by the young gentleman who spoke last has convinced my mind that I am right. The offered testimony has no direct and proper application to the issue; it would deceive and mislead the jury. An argumentative justification of a trivial, unimportant part of a libel would be urged before a jury as a substantial vindication of the whole. By misleading the jury under such legal testimony,

Here is the translated text as follows:858 &X. AMERICAN STATE TRIALS.The questions intended to be put, and which were propounded by Mr. Nicholas, declared Colonel Taylor’s evidence to be inadmissible. No evidence, he said, is admissible that does not justify the whole charge. The charge you mean to justify by this witness, as I understand you, is that the President is a professed aristocrat and that he has proved serviceable to the British interest. You must prove both these points, or you prove nothing. Now, as you do not attempt to prove the whole of one specific charge, but only

Here is the translated text as follows:JAMES THOMPSON CALLENDER**Judge Chase:** I desire to know what you intend to prove by the witness.**Mr. Hay:** We intend to examine Colonel Taylor to prove that he had avowed principles in his presence which justified Mr. Callender in saying that the President was an aristocrat. He had voted against the sequestration law and the resolutions concerning the suspension of commercial intercourse with Great Britain, by which he defeated every effort of those who were in favor of those beneficial measures that were well calculated to promote the happiness of their country.**Judge Chase:** You must

Here is the translated text as follows:856 & AMERICAN STATE TRIALSThe second question will decide whether your hearts are at ease, whether your passions are untouched, and whether your feelings are unaffected now that you have fully heard the charge. You know best. It remains only for me, gentlemen of the jury, to call upon you, in the name of your country, whose interests you are to defend while you protect the rights of the individual. I call upon you in the name of your God, a portion of whose justice you are about to administer, and on your oaths,

Here is the translated text as follows:JAMES THOMPSON CALLENDERJoint publisher with himself, and another witness declared that he explained the meaning of a certain term, supposed to be ambiguous in its application. Is it possible to entertain any doubt? Thus stands the evidence as to the publication.It will be proper for me, gentlemen of the jury, to state to you what constitutes a publication in point of law, as it pertains to writing or printing. The direct or indirect circulation or emission of a libel is considered a publication thereof, in law and in fact, and this has never been

Here is the translated text as follows:They sold them for his benefit, and he received the money. When it has been proven that he received the money from one purchaser himself and that he paid for printing part of it—that part of the manuscript is in his own handwriting—can there be any doubt? In addition to this, one witness declares that he knew him to be involved with the blood of the poor, friendless Connecticut sailor. I see the tear of indignation starting on your cheeks. You anticipate the name of John Adams.1. Every feature in the conduct of Mr.

Here is the translated text as follows:James Thompson CallenderIf no doubt remains on this point, the question first in order to be examined is decided. Whether there is room for doubt, a summary review of the testimony will ascertain. Can there be a doubt—when all the witnesses have concurred in establishing this one point—that James Thompson Callender corrected the proof sheets? Can there be a doubt when those who sold the copies of the book have all said that?As president, he has never opened his lips nor lifted his pen without threatening or scolding. The grand object of his administration

Here is the translated text as follows:Whether this libel was published by the traverser, it will be useless for me to address him. If there is a man who doubts on that point, his mind must be impervious to the traits of truth; his mind must be panoplied over with doubt and skepticism.The blockade was one issue, and the other was to redeem the prisoners whose deliverance he had prevented some years before. On this occasion, Mr. Washington displayed the same lack of wisdom and economy that marks almost every other part of his administration.Pages 47 and 48: "The first

Here is the translated text as follows:JAMES THOMPSON CALLENDERMr. Nelson, although the paper is long and complicated, the testimony is not so. The testimony, as I stated to you before, is concise, plain, and correct. If there be a man who, now that he has heard that testimony, entertains a doubt......almost any which the old confederation ever endured. The tardiness and timidity of Mr. Washington were succeeded by the indolence of Adams.Idem: "Under the old confederation, matters never were, nor could have been conducted so wretchedly as they actually are, and have been under the successive monarchs of Braintree and

Here is the translated text as follows:850° X. American State TrialsThe title must be copied in the indictment verbatim et literatim. I wonder you did not add et punctuation also. There is no real variance, and there is an end to the objection. You are mistaken. I pronounce this to be the law, and I shall instruct the jury that they may find the traverser guilty of part of the charges and acquit him of those not proved.It is not necessary for the attorney for the United States to make any reply, as there is no good reason to exclude

Here is the translated text as follows:The purpose of requiring that the charge against a defendant be explicit is to ensure that the defendant can clearly comprehend it and be prepared to make a defense. It is not necessary for this purpose to recite the name of the libel. The charge against the defendant is very explicit, and he understands it well and is prepared to defend it. However, it is no criticism of his counsel that they argue this point in his favor.You further argue, on the supposition that if a subsequent prosecution were to be instituted for the

Here is the translated text as follows:President of the United States, and to bring him into contempt and disrepute, and to excite the hatred of the good people of the United States against him, did wickedly and maliciously write, print, utter, and publish a false, scandalous, and malicious writing against the President of the United States, of the tenor and effect following, that is to say: "The reign of Mr. Adams has hitherto been one continued tempest, etc."Now, what is the law? The act of Congress provides, among other things, that "if any person shall write, print, utter, or publish,

Here is the translated text as follows:JAMES THOMPSON CALLENDERJudge Chase requested Mr. Hay to point out the specific parts of the authorities he referred to, on which he relied to establish his doctrine.Mr. Hay responded, "If the court will have a little patience, I will find the places."Judge Chase replied, "I will have a great deal."Mr. Hay continued, "The authorities I rely on are Hawkins’ Pleas of the Crown and Salkeld’s Reports, page 660. In this last book, it is adjudged that when an indictment uses the words 'secundum tenorem et effectum,' it binds the prosecutor to a literal recital;

Here is the translated text as follows:In the case of American State Trials, if the charge is not accurately specified, it becomes impossible for the defendant to properly defend themselves. Evidence pertaining to either case might be presented in support of this indictment.Had the indictment charged him with publishing a book entitled "The Prospect Before Us," he would have known with absolute certainty and clarity (by the copy provided to him) what was meant to be proved against him and what was necessary for him to prove in his own defense. As this is not the case, and since he

Here is the translated text as follows:JAMES THOMPSON CALLENDER, 845A prosecution by information was initiated against the Chevalier De Ou for publishing a libel against the Count de Guerehy, ambassador from France. The prosecution commenced in the Court of King's Bench. The information states the title and the name of the libel fully and literally, as it was published in French, and then provides the translation in English at full length. I present these cases to demonstrate what the practice is; and it is an observation of one of the best judges who ever sat in the King's Bench, Lord

Here is the translated text as follows:My stating to the court the reasons which have led me to this conclusion may subject me to the imputation which has more than once fallen from the bench. It has been the pleasure of the court to observe that the defense has been conceived and continued in error. What I am about to say will not, perhaps, induce the court to change that opinion. It is with great diffidence that I address the court on a subject which I have not had sufficient leisure to investigate. If, unfortunately, my conception of this law

Here is the translated text as follows:JAMES THOMPSON CALLENDERThe handwriting of Mr. Callender has been verified. I have seen Mr. Callender write; he once took the debates in the House of Assembly for me.(The book and manuscript sheets were compared and found to correspond.)**Meriwether Jones**: I had never read the book until after the presentment was made, except for a few passages, and perhaps about thirty-three pages. Not a word of it was printed at my office, though I sold some of the copies for the benefit of Mr. Callender. I only possessed one copy, which I found where Mr.

Here is the translated text as follows:AMERICAN STATE TRIALSThe court would like to make it known to those who are in any way implicated that they are not obligated to incriminate themselves. They may withhold any part of their evidence that has a tendency to incriminate them if they think it proper.**Judge Chase:** This is correct. Every person involved in the publication is protected by law from being compelled to incriminate themselves. However, I suppose if any of them provide evidence, the Government of the United States is pledged not to initiate a prosecution against them. They can be assured

Here is the translated text as follows:JAMES THOMPSON CALLENDER, 841Consider the hatred of the good people of the United States towards him. It will be for you, gentlemen of the jury, in this case, to determine whether the traverser has, or has not, been the publisher of this paper. Once this point is ascertained, it will be for you to consider with what intent and for what purpose a paper like this has been composed and published.If you believe it to be a candid and fair discussion of constitutional subjects, real grievances, or political opinions and principles generally, you will

Here is the translated text as follows:American State TrialsEfforts for provoking a French war. And also the false, scandalous, and malicious words of the tenor and effect following, that is to say: "For although Mr. Adams were to make a treaty with France, yet such is the grossness of his prejudice, and so great is the violence of his passions that under his administration, America would be in constant danger of a second quarrel."Also, the false, scandalous, and malicious words of the tenor and effect following, that is to say: "When a chief magistrate is both in his speeches and

Here is the translated text as follows:JAMES THOMPSON CALLENDERUnited States] to plunge his country into the most expensive and ruinous establishments. In the first two years of his presidency, he has contrived pretenses to double the annual expenses of government by useless fleets, armies, sinecures, and jobs of every possible description.And also the false, scandalous, and malicious words of the tenor and effect following, that is to say: “By sending these ambassadors to Paris, Mr. Adams and his British faction, designed to do nothing but mischief."And also the false, scandalous, and malicious words of the tenor and effect following, that

Here is the translated text as follows:838 X. AMERICAN STATE TRIALSObscurity or shine in want, ask Mr. Adams (meaning the said President of the United States) whether it was proper to heap so many myriads of dollars upon William Smith, a paper jobber, who next to Hamilton and himself (meaning the said President of the United States) is perhaps the most detested character on the continent (meaning the United States of America).And also the false, scandalous, and malicious words of the tenor and effect following: "You (meaning the people of the United States) will then take your choice between innocence

Here is the translated text as follows:James Thompson Callender, in the pursuit of defaming the President of the United States and intending to bring him into contempt and disrepute, sought to incite hatred among the good people against him. Within the district and jurisdiction of this court, he wickedly and maliciously caused, or procured, the printing and publishing of a false, scandalous, and malicious writing against the President of the United States. The content of this writing was as follows:"The reign of Mr. Adams (meaning John Adams, Esquire, President of the United States) has hitherto been one continual tempest of

Here is the translated text as follows:President of the United States, with his (meaning the said President) twenty-five thousand dollars a year, with the petty parade of his (meaning the said President) birthday, with the importance of his (meaning the said President) name sticking in every other page of the statute book. Alas! he (meaning the said President of the United States) is not an object of envy, but of compassion and horror. With Connecticut more than half undeceived, with Pennsylvania disgusted, with Virginia alarmed, with Kentucky holding him (meaning the said President) in defiance, having renounced all his original

Here is the translated text as follows:JAMES THOMPSON CALLENDERThere is distinct and additional evidence that he was determined, at all events, to embroil this country with France. Furthermore, the false, scandalous, and malicious words of the tenor and effect following, that is to say, "Mr. Adams" (meaning the said President of the United States) "has only completed the scene of ignominy which Mr. Washington began."Additionally, the false, scandalous, and malicious words of the tenor and effect following, that is to say, "This last presidential" (meaning the said President of the United States) "felony will be buried by Congress in the

Here is the translated text as follows:The text accuses the President of the United States of converting to a presidential system that leads to a French war, an American navy, a large standing army, an additional load of taxes, and all other symptoms and consequences of debt and despotism. It also includes false, scandalous, and malicious words suggesting that "the same system of persecution has been extended all over the continent, and every person holding an office must either quit it or think and vote exactly with Mr. Adams," referring to the President of the United States.Furthermore, it accuses Mr.

Here is the translated text as follows:JAMES THOMPSON CALLENDERThe book was published with the charges that were false, scandalous, and malicious, and it was claimed that they were written with the intent to defame. It was stated that if he could prove the charges, he must be acquitted. The same question, "whether they had formed and delivered an opinion on the charges against the traverser," was put by the judge to eight of the other jurymen successively before they were sworn in chief, and they all answered in the negative.Mr. Hoy said that it was unnecessary to put this question

Here is the translated text as follows:The first juror was sworn in, and the Judge put the following question to him: "Have you ever formed and delivered an opinion upon the charges contained in the indictment?" The juror answered that he had never seen the indictment nor heard it read. The Judge then said he must be sworn in chief.Mr. Hay asked for permission to put a question to the juror before he was sworn in chief.The Judge wanted to know what sort of question Mr. Hay intended to ask and told him he must first hear the question. If

Here is the translated text as follows:JAMES THOMPSON CALLENDEROn the second trial, every juryman was called to say whether he had formed any opinion on the subject or not.Judge Chase: My interpretation of the law is quite the contrary. I have always seen triers sworn to decide these questions. How is this done in your country? Challenges for favor must be decided by triers. I suppose there must be triers sworn.Mr. Nicholas: I believe the books lay down this distinction. Challenges to the array are either principal challenges or challenges for favor. Causes for principal challenges are always tried by

Here is the translated text as follows:The counsel are unprepared to defend the traverser. You show yourselves to be men of ability, and there is no difficulty in the cause; but you say that you are not ready to discuss the difference between fact and opinion. You argue that the charges in the indictment are merely opinions and not facts falsely asserted. Must there be a departure from common sense to find a construction favorable to the traverser? This construction admits the publication but denies its criminality.If the traverser certainly published that defamatory paper, read it and consider it. Can

Here is the translated text as follows:JAMES THOMPSON CALLENDERIt is crucial to demonstrate that the decision is right; for if the defendant is found guilty when his witnesses are absent and counsel unprepared, the verdict will not satisfy the public mind of his guilt.Jvupez CaseIt is wholly improper to revisit the former motion. Gentlemen, you misapprehend the intention of the court in postponing the case until today—you ought to confine yourselves to the present motion. Two reasons are given for postponing the trial: first, that Mr. Giles is absent, and it is inferred that the court, by not ruling a

Here is the translated text as follows:828 X, AMERICAN STATE TRIALSThe defendant wished that the executive had the power to control the public will.This testimony, when compared with the President's records, will substantiate the charges in the book written by Mr. Callender. It strongly supports the charges in dispute and directly addresses the part of the indictment where the President is accused of being a professed aristocrat. It has been stated that, although there are nineteen charges in the indictment against the defendant, even if we prove eighteen of them to be true, he must still be found guilty because

Here is the translated text as follows:JAMES THOMPSON CALLENDERDifferent political opinions, furnished with the same materials of information, would form conclusions diametrically opposite. Let them take for their guide the vindication of the Constitution of the United States. Many were perfectly satisfied that the President of the United States, instead of approving the Federal Constitution, was of the opinion that a government composed of an hereditary chief magistrate, a Senate, and a House of Commons or representatives chosen by the people, was better calculated than any other to secure the liberties and promote the happiness of the people. I will

Here is the translated text as follows:826 X. AMERICAN STATE TRIALSWhen one accused another of being a thief, the accuser could support the charge by proving that the accused had taken property secretly, without the consent or knowledge of the owner. Regarding evidence in such a matter, all people of common understanding would form the same opinion. However, what kind of evidence would be necessary to prove the initial words of the indictment, that the reign of Mr. Adams had been one continuous tempest of malignant passions? The circumstances to which the writer might allude, and which convinced him that

Here is the translated text as follows:James Thompson CallenderThe second section of the sedition law made falsehood, as well as scandal and malice, an essential part of every libel. By the last sentence, the party accused is allowed to show in his justification the truth of the matter charged to be libelous.He would not pretend to say definitively what ought to be the construction of that law. However, the opinion he had been able to form after a very short consideration of the subject was that the object of the law was to punish a man not for abuse nor

Here is the translated text as follows:The Court had declared the evidence of Mr. Giles to be material, not only in express terms but also by a partial postponement, implying that the trial should not proceed until his personal attendance could be secured.Mr. Hay then requested the Court's attention to additional reasons that convinced him the motion should be granted. The laws and customs of the State of Virginia supported the motion. In this state, when an indictment for misdemeanor is found, the party is not immediately arrested and brought into court; instead, a summons is issued, returnable to the

Here is the translated text as follows:JAMES THOMPSON CALLENDER, 823James Thompson Callender claims that he can prove, through William B. Giles, that the President of the United States has expressed in conversation with him a sentiment to the effect that he believed the executive department of the United States ought to be vested with the power to direct and control the public will.He believes he will be able to prove, through General Blackburn, that he received an address from John Adams, President of the United States, in response to the field officers of Bath County. In this address, the President

Here is the translated text as follows:Mr. Nickolas presented an affidavit made by the prisoner and moved for a continuance. The affidavit alleged that the following persons are material witnesses in his defense: William Gardner of Portsmouth; Tench Coxe of Philadelphia; Judge Bee of South Carolina; Timothy Pickering, late of Philadelphia; William B. Giles of the County of Amelia; and Gen. Blackburn of the County of Bath.He expects to prove by William Gardner that he was the Commissioner of Loans for the State of New Hampshire under the government of the United States and that he was removed from the

Here is the translated text as follows:JAMES THOMPSON CALLENDER, 821Twenty-five thousand dollars a year, with the petty parade of his birthday, with the importance of his name sticking in every other page of the statute book. Alas! he is not an object of envy, but of compassion and horror. With Connecticut more than half undeceived, with Pennsylvania disgusted, with Virginia alarmed, and with Kentucky holding him in defiance, having renounced all his original principles and affronted all his honest friends, he cannot enjoy the sweet slumbers of innocence. He cannot hope to feel the most exquisitely delightful sensation that ever

Here is the translated text as follows:The same system of persecution has been extended all over the continent. Every person holding an office must either quit it or think and vote exactly with Mr. Adams. Adams and Washington have since been shaping a series of these paper jobbers into judges and ambassadors, as their whole courage lies in a lack of shame. These poltroons, without risking a manly and intelligible defense of their own measures, raise an affected yelp against the corruption of the French Directory, as if any corruption could be more venal, more notorious, or more execrated than

Here is the translated text as follows:JAMES THOMPSON CALLENDERJames Thompson Callender was fined two hundred dollars and required to find sureties for good behavior for a period of two years.Five years later, Chase was impeached before the Senate of the United States for oppressive and vexatious conduct during the trial and indecent solicitude for the conviction of the accused.THE TRIALIn the United States Circuit Court, District of Virginia, Richmond, June 1800.Hon. Samuel Chase and Hon. Cyrus Griffin, Judges.On May 28, James Thompson Callender was indicted under the Sedition Law by a grand jury for a seditious libel upon John Adams,

Here is the translated text as follows:818 X. AMERICAN STATE TRIALSThe defense attempted to take advantage of the existing prejudice against the Sedition Law. However, when Mr. Wirt began to argue against the constitutionality of the law, Judge Chase ordered him to his seat, and he quietly obeyed."Hear my words!" shouted the Judge. "I wish the world to know them! My opinion is the result of mature deliberation!"No sooner had Chase concluded his pompous proclamation than Mr. Wirt once more turned to the jury. Quoting directly from the third section of the Sedition Act, which provided that the jury "should

Here is the translated text as follows:JAMES THOMPSON CALLENDERThe prosecution, having established that the prisoner was the author of "The Prospect Before Us," introduced the entire pamphlet as evidence. The defense protested, arguing that only the sections cited in the indictment should be considered by the jury. This was especially pertinent given the court's decision that the jurors were only concerned with the specific offense charged in the official documents and should not be influenced by any prejudices against the pamphlet as a whole. However, the judge countered that the prisoner was on trial for writing "The Prospect Before Us"

Here is the translated text as follows:Then Chase grew angry and, as he would have said, took the lawyers in hand. When Mr. Hay argued that Giles' evidence would help determine whether Callender's pamphlet consisted of libelous statements or merely questions of opinion—matters that the jury would need to consider when assessing the fine—Chase thundered, "That is a wild notion; it is not the law," and ordered the jury to be empaneled and the trial to proceed.Mr. Nicholas challenged the entire panel of jurors, but he was flouted and routed with a finality that not only overruled his objections but

Here is the translated text as follows:JAMES THOMPSON CALLENDERThe reckless conduct of Judge Chase in the courtroom can only be explained by his awareness that it was to be a struggle to the death between himself and the distinguished lawyers Virginia had sent against him: Edmund Randolph, George Hay, William Wirt, and Philip Nicholas.The indictment made no mention of the book "The Prospect Before Us." Instead, a few sentences, by no means the bitterest that could be found, were chosen as the basis of the case. Callender wrote that the reign of Mr. Adams had been one continuous tempest of

Here is the translated text as follows:James Callender was a notorious literary hack, whose scurrilous pen was at the service of the highest bidder. To read his book, "The Prospect Before Us," and claim the writer was not guilty of sedition was impossible. However, what became of Callender was of little consequence, as everyone knew the real contest would be between the Republican lawyers of the Virginia bar and Judge Samuel Chase. Chase was the most reckless, partisan, and fearless judge on the bench of the Circuit Court.Long before the trial opened, statements were made and sworn to that Chase

Here is the translated text as follows:The Trial of James Thompson Callender for Seditious Libel, Richmond, Virginia, 1800The NarrativeThis was the last of the great trials under the Federal Sedition Act and the most celebrated. The libel was directed against the President of the United States, and the tempest which the trial excited, as Dr. Wharton notes, can now hardly be understood. Virginia had joined Kentucky in declaring the law void within her borders, viewing it as a menace to the freedom of the press and a breach of the liberties guaranteed by the Constitution. There was no popular sympathy

Here is the translated text as follows:B12 X. AMERICAN STATE TRIALSI have hitherto neither accepted nor rejected the offers. If the court imposes a fine beyond my ability to pay, I shall accept them without hesitation. However, if the fine is within my means to discharge, I shall pay it myself. The insinuations of the court are unfounded, and if you, sir, have been tempted by misapprehension or misinformation to make them, your mistake should be corrected.Judge Perkins: I believe we have nothing to do with parties; we are only to consider the subject before us. I wish you had

Here is the translated text as follows:THOMAS COOPERYou, the jury, have found otherwise. You are a gentleman of the profession, possessing such capacity and knowledge that it is more within your power to mislead the ignorant. I do not wish to oppress, but I will restrain, as far as I can, all such licentious attacks on the government of the country.Mr. Cooper, I have been asked by the court whether, in the case of a fine being imposed upon me, I shall be supported by a party. Sir, I solemnly aver that throughout my life, here and elsewhere, among all

Here is the translated text as follows:I am sorry you did not think it proper to make an affidavit regarding your circumstances. You are a perfect stranger to the court, at least to me. I do not know you personally—I know nothing of you beyond having recently heard your name mentioned in some publication. Everyone is aware of the political disputes that have existed among us. It is well-known that there are two parties in the country; you have stated this yourself. You have taken one side—we do not claim that you do not have the right to express your

Here is the translated text as follows:THOMAS COOPERUnited States, you must acquit him; if he has proved the truth of the facts asserted by him, you must find him not guilty.THE VERDICT AND SENTENCEThe jury retired and returned with a verdict of guilty.Judge Chase: Mr. Cooper, as the jury has found you guilty, we wish to hear any circumstances you have to offer in mitigation of the fine the court may think proper to impose on you, and also in extenuation of your punishment. We would therefore like to know your situation in life, particularly regarding your circumstances. It will

Here is the translated text as follows:808 X. AMERICAN STATE TRIALS.Expressions of attachment and confidence in the President, along with a determination to resist the oppression of the French government, were conveyed through various addresses. The President replied to these addresses with responses that generally echoed their sentiments. In fact, his expressions were as general as the nature of the addresses would permit. Therefore, the traverser ought to have blamed the addressers, not the President. For instance, the Marine Society of Boston, composed of seasoned seamen, addressed the President in favor of a navy. In reply, the President agreed that

Here is the translated text as follows:THOMAS COOPERFrance—neither of these can, with any propriety, be called a standing army. In fact, we cannot have a standing army in this country, as the Constitution has expressly declared that no appropriation shall be made for the support of an army longer than two years. Therefore, since Congress may appropriate money for the support of the army annually and are obliged to do it only for two years, there can be no standing army in this country until the Constitution is first destroyed.There is no subject on which the people of America feel

Here is the translated text as follows:No court of justice here has jurisdiction over the crime of murder committed on board a British ship of war. When the British government requested the President to deliver this man up, it became necessary to determine whether there was sufficient evidence of his criminality pursuant to the treaty. Consequently, the judge of the court of Carolina was called upon to inquire into the evidence of his criminality. He acted as the instrument used by the President to ascertain that fact.The delivery of the accused was a necessary act of the President, which he

Here is the translated text as follows:THOMAS COOPER. 805Countries of the other, provided this shall be done only on such evidence of criminality as, according to the laws of the place where the fugitive or person so charged shall be found, would justify his apprehension and commitment for trial if the offense had been there committed. If the President, therefore, by this treaty, was bound to give this Nash up to justice, he was so bound by law; for the treaty is the law of the land. If so, the charge of interference to influence the decisions of a court

Here is the translated text as follows:804 ¢ X. AMERICAN STATE TRIALS.Liberties. They should be under no influence—they are only accountable to God and their own consciences—your present judges are in that situation.There is a small circumstance which the Attorney General, in his observations to you, omitted to state, but which I think it is right to recall to your recollection, as it reveals the intent behind the traverser's publication. In his allusion to Jonathan Robbins, he expressly tells you this is "a case too little known, but of which the people ought to be fully apprised before the election,

Here is the translated text as follows:THOMAS COOPERFrom: an interference without precedent, against law and against mercy. Is not this an attack and a most serious attack on the character of the President?The traverser goes on thus: "This melancholy case of Jonathan Robbins, a native of America, forcibly impressed by the British, and delivered, with the advice of Mr. Adams, to the mock trial of a British court martial, had not yet astonished the republican citizens of this free country. A case too little known, but of which the people ought to be fully apprised before the election, and they

Here is the translated text as follows:Ladies and gentlemen, again, if you believe this, what opinion can you form of the President? Certainly, the worst you can form. You would certainly consider him totally unfit for the high station which he has so honorably filled, and with such benefit to his country.The traverser states that, under the auspices of the President, "our credit is so low that we are obliged to borrow money at eight percent in time of peace." I cannot suppress my feelings at this gross attack upon the President. Can this be true? Can you believe it?

Here is the translated text as follows:THOMAS COOPERThe duties of his high station render him unfit for the important office to which the people have elected him. The motives and intent of the defendant, not the President, are the subjects to be inquired into by you.Now, let us consider this libel as published by the defendant and examine his motives. You will find the defendant speaking of the President in the following words: "Even those who doubted his capacity thought well of his intentions." The defendant might have supposed this to be a compliment regarding the President's intentions, but I

Here is the translated text as follows:800 X, AMERICAN STATE TRIALSThe import of the publication is significant since the offense is committed by the two coupled together.First, let's address the publication.The fact of writing and publishing is clearly proven; in fact, it is not denied. It is proven to have taken place at Sunbury, a considerable distance from the seat of government. Evidence shows that the traverser went to the house of a justice of the peace with this paper, whom, of all others, he ought to have avoided. He must have known that it was the duty of the

Here is the translated text as follows:THOMAS COOPERLibels against themselves. If a man attempts to destroy the confidence of the people in their officers, their supreme magistrate, and their legislature, he effectively undermines the foundation of the government. A republican government can only be destroyed in two ways: the introduction of luxury or the licentiousness of the press. The latter is the slower but most certain means of bringing about the destruction of the government. The legislature of this country, knowing this maxim, has thought it proper to pass a law to check this licentiousness of the press. By a

Here is the translated text as follows:798 X. AMERICAN STATE TRIALSThe defendant aimed to justify his own conduct and language throughout. You, gentlemen of the jury, under the direction of the court, will decide whether he has presented to you such a justification as will entitle him to your verdict in his favor.THE CHARGE TO THE JURYJudge's Charge: Gentlemen of the jury, when individuals are found rash enough to commit an offense such as the one the defendant is charged with, it becomes the duty of the government to ensure they do not go unpunished. It is my duty to

Here is the translated text as follows:THOMAS COOPERThroughout the quotations he has made, particularly from the addresses to the President and the answers to them, there has been a series of misrepresentations. It will be my duty to address these when I consider that part of the charge and his vindication of it. It is fair to observe that if, from the perusal of partial extracts and passages selected from various publications, he has thought it proper to publish a libel, such as that for which he is indicted, against the character of our President, there is no excuse for

Here is the translated text as follows:The text clearly demonstrates a settled intention to persuade the public that the President of the United States is unfit for the high office he holds. You must be fully convinced of this from the entire tenor of the expressions presented to you in the indictment.It is far from my intention to press hard on any part of his lengthy address to you or to exploit any unguarded expression that he might have omitted or corrected upon more deliberate consideration. However, I cannot help but notice from the overall tone of his current argument,

Here is the translated text as follows:In the act that defines this offense and outlines the punishment, a level of defense is provided that is, to my knowledge, unknown in any other country where a party is tried for a libel against the government. Here, the defendant is allowed, under the third section of that act, to present evidence of the truth of the matters charged as a libel in the publication. The jury has the right to determine both the law and the facts under the direction of the court. The true spirit of the law is that the

Here is the translated text as follows:Gentlemen, if the assertions I have made are true, whatever the motives behind them may be, you cannot find me guilty. I believe it is impossible, if you consider the paper in its entirety, to attribute its publication to malice. The force behind it is not voluntary, but compelled. At the very outset of the paper, I spoke well of the President. I have been in the habit of thinking his intentions are right, though his public conduct is wrong. I believe I can even now bring enough proof from among my friends and

Here is the translated text as follows:In the act that defines this offense and outlines the punishment, a level of defense is provided that is, to my knowledge, unknown in any other country where a party is tried for libel against the government. Here, under the third section of that act, the defendant is allowed to present evidence of the truth of the matters charged as libel in the publication. Furthermore, the jury has the right to determine both the law and the facts under the court's direction. The true spirit of the law is that the defendant shall not

Here is the translated text as follows:794 XY. AMERICAN STATE TRIALSGentlemen, if the assertions I have made are true, whatever the motives behind them may be, you cannot find me guilty. But I think it is impossible, if you consider the paper altogether, that you can ascribe the publication of it to malice. It is not voluntary but compelled. At the very outset of the paper, I have spoken well of the President. I have been in the habit of thinking his intentions are right, but his public conduct is wrong. I believe I can even now bring enough proof

Here is the translated text as follows:In the act that defines this offense and outlines the punishment, a level of defense is provided that is, to my knowledge, unknown in any other country where a party is tried for libel against the government. Here, under the third section of that act, the defendant is allowed to present evidence of the truth of the matters charged as libel in the publication. The jury has the right to determine both the law and the facts under the court's direction. The true spirit of the law is that the defendant shall not be

Here is the translated text as follows:Gentlemen, if the assertions I have made are true, whatever the motives behind them may be, you cannot find me guilty. I believe it is impossible, if you consider the paper in its entirety, to ascribe the publication of it to malice. It is not voluntary but compelled. At the very outset of the paper, I have spoken well of the President. I have been in the habit of thinking his intentions are right, even if his public conduct is wrong. I believe I can even now bring enough proof from among my friends

Here is the translated text as follows:In the act that defines this offense and outlines the punishment, a level of defense is provided that is, I believe, unknown in any other country where the party is tried for a libel against the government. Here, under the third section of that act, the defendant is allowed to present evidence of the truth of the matters charged as a libel in the publication. The jury has the right to determine both the law and the facts under the direction of the court. The true spirit of the law is that the defendant

Here is the translated text as follows:Gentlemen, if the assertions I have made are true, whatever the motives behind them may be, you cannot find me guilty. I believe it is impossible, if you consider the paper in its entirety, to ascribe its publication to malice. It is not voluntary but compelled. At the very outset of the paper, I spoke well of the President. I have been in the habit of thinking his intentions are right, but his public conduct is wrong. I believe I can even now bring enough proof from among my friends and neighbors to support

Here is the translated text as follows:In the act which defines this offense and outlines the punishment, a liberality of defense is provided, which is unknown, I believe, in any other country where the party is tried for a libel on the government. Here, under the third section of that act, the defendant is allowed to present evidence of the truth of the matters charged as a libel in the publication. The jury has the right to determine the law and the facts under the direction of the court. The true spirit of the law is that the defendant shall

Here is the translated text as follows:Gentlemen, if the assertions I have made are true, whatever the motives behind them may be, you cannot find me guilty. I believe it is impossible, if you consider the paper as a whole, to attribute its publication to malice. It is not voluntary but compelled by the force of circumstances. At the very outset of the paper, I spoke well of the President. I have been in the habit of thinking his intentions are right, though his public conduct is wrong. I believe I can even now bring enough proof from among my

Here is the translated text as follows:THOMAS COOPER, 793Where there is no reasonable suspicion or assignable motive for why the publications I offer should misrepresent the transactions I allude to, the probability is in favor of their accuracy. This is especially true when the printers of these publications are severely punishable for willful misrepresentation or gross mistakes in detailing the public acts of government.Judge Peters: I admit a great many things from Mr. Cooper, who is without counsel, which I would not admit from others.Judge Chase: You may read anything and everything you please.Mr. Cooper went on to argue at

Here is the translated text as follows:792 XY. AMERICAN STATE TRIALSAnother, in a form more portable and convenient, purports to be a selection of addresses and answers to and from the President during the summer of 1798. Not having been able to procure official copies of the documents I wished to refer to, I must offer in evidence such publications as I can find. These are the types of publications upon which, in fact, the public mind is usually made up and upon whose authority the electors of this country determine the characters whom they honor with their suffrage.Indeed, if

Here is the translated text as follows:THOMAS COOPERMay it be considered seditious to say the President is mistaken? Before you can condemn me for this kind of sedition, you must become Catholic believers in this new-fangled doctrine of infallibility. I know that in England the king can do no wrong, but I did not know until now that the President of the United States had the same attribute.I have said (and I am accused of saying it) that "even those who doubted his capacity thought well of his intentions." Is it a crime to doubt the capacity of the President?

Here is the translated text as follows:790 X. AMERICAN STATE TRIALS.In this paper, which you will have before you when you retire, I shall not read at length. This application was from one friend to another; on the face of it, a confidential communication, although containing nothing but what might do credit to all the parties concerned. Mr. Adams, however, did not consider it so confidential, and from some disclosure on his part, has arisen the base and cowardly slander that initially dragged me before the public to vindicate my moral and political character. It has now brought me before

Here is the translated text as follows:THOMAS COOPERClose all the avenues of information and throw a veil over the grossest misconduct of our periodical rulers?After offering these preliminary remarks, I shall give an account of the paper on which I am accused and then proceed to examine the charges of the indictment in the order in which they are laid. Much that I intended to advance I must relinquish, so as not to trespass too long on your time or weaken the effect of my own defense by fatiguing your attention.The sacred paper now handed to me by the Attorney

Here is the translated text as follows:788 ZX. AMERICAN STATE TRIALS.Alluded to in the indictment, you will reverence as you ought the sacred obligation of the oath you have taken.Gentlemen of the jury, I acknowledge, as freely as any of you can, the necessity of a certain degree of confidence in the executive government of the country. However, this confidence ought not to be unlimited and need not be paid in advance; let it be earned before it is reposed. Let it be claimed by the evidence of benefits conferred, by measures that compel approbation, and by conduct that is

Here is the translated text as follows:THOMAS COOPERThe other too little influence on the measures of government. One is friendly, the other hostile, to a standing army and a permanent navy. One believes they are necessary to repel invasions and aggressions from without, and commotion within; the other believes that a well-organized militia is a sufficient safeguard for all that an army could protect, and that a navy is more dangerous and expensive than any benefit derived from it can compensate. One thinks the liberties of our country are endangered by licentiousness, the other by the restrictions of the press.

Here is the translated text as follows:786 X¥. AMERICAN STATE TRIALSIf my motives were to publish a foul and infamous libel on the character of the President, to incite hatred and contempt against him among the people of this country through gross and malicious falsehoods, then indeed it would be my duty to be brought before this tribunal. It would be yours to convict, and the duty of the court to punish me.However, I hope that during the course of this trial, I will be able to prove to your satisfaction that I have published nothing that truth will not

Here is the translated text as follows:THOMAS COOPERThe confidence of the people, so necessary for conducting public business, was in direct opposition to the duties of a good citizen. Mischiefs of this kind were to be dreaded in proportion to how uninformed the surrounding country was. A man of sense and education had more power to extend the mischief he was inclined to propagate. The government should not encourage the idea that they would not prosecute such atrocious conduct. If this conduct were allowed to pass, the peace of the country would be endangered.Error leads to discontent, discontent to a

Here is the translated text as follows:It was with great regret that it was observed that anyone with a moderate ability to write believed they had the right to attack and undermine the authorities and officers appointed by the people of this country. It was intolerable that vile and infamous falsehoods could be uttered and published with impunity against the President of the United States, whom the people themselves had placed in that high office, and in which he has acted with much credit to himself and benefit to them.Thomas Cooper stands charged in the indictment as follows—(here Mr. R.

Here is the translated text as follows:THOMAS COOPERA case too little known, but of which the people ought to be fully apprised before the election, and they shall be.Most assuredly, had these transactions taken place in August 1797, then President Adams would not have been troubled by any request from Thomas Cooper.Northumberland, Nov. 2, 1797.The prisoner, without counsel, appeared on his own behalf and pleaded not guilty. The jury was then selected.William Rawle, District Attorney, represented the United States.At the outset, a question arose concerning the right of the prisoner to compel the attendance of several members of Congress (as

Here is the translated text as follows:Is this the letter of a man or not? I do not appeal to the cowardly propagator of anonymous falsehoods, but to the public. What is there in it of vanity or servility? Do not these letters take for granted that I am a Democrat, though not a disturber of all government? And that what I am, I shall remain, even though it be deemed a reasonable objection to my appointment? Is this, or is this not, adhering to my principle, whatever becomes of my interest?Nor is it true that my address originated from

Here is the translated text as follows:THOMAS COOPERDr. Priestley had a conversation with me, urging me to ensure that Mr. Adams did not misunderstand my political views. As a result of this conversation, Dr. Priestley wrote the following letter, not a few months ago, but over two years ago.August 12, 1797Dear Sir,It was far from my intention or wish to trouble you with the request for any favors, even though it is now within your power to grant them. It is not at all probable that I shall ever take a second liberty of this kind. However, circumstances have arisen

Here is the translated text as follows:Dr. Priestley exerted his influence in dispersing this very address, which he must have known was the offspring of disappointment and revenge.The address is as cunning and insidious a production as ever appeared in the Aurora or the old Chronicle, and as for impudence, it exceeds, or at least equals, Porcupine himself. Priestley and Cooper are both called upon to deny the above narrative. A recourse to the letters themselves would establish the accuracy of this anecdote, even to a syllable.Yes, I am the Thomas Cooper alluded to—luckily possessed of more accurate information than

Here is the translated text as follows:THOMAS COOPERThe case of Jonathan Robbins is a melancholy example of presidential overreach. As President of the United States, an individual interfered to influence the decisions of a court of justice—a stretch of authority that even the monarch of Great Britain would have hesitated to undertake. This interference was unprecedented, against the law, and devoid of mercy. Jonathan Robbins, a native citizen of America, was forcibly impressed by the British and delivered, with the advice of Mr. Adams, to the mock trial of a British court-martial. This case had not yet shocked the republican

Here is the translated text as follows:### The TrialIn the United States Circuit Court, Philadelphia, Pennsylvania, 1800.**Hon. Samuel Chase,****Hon. Richard Peters,**JudgesApril 11An indictment had been found against Thomas Cooper under the Sedition Act, which made it a crime to be punished by fine and imprisonment for anyone to print or publish any false, scandalous, and malicious writings against the Government, Congress, or the President, with intent to defame them, to bring them into contempt, or to excite the hatred of the people against them. This was for the following seditious libel against John Adams, President of the United States.The libelous

Here is the translated text as follows:Thomas CooperThomas Cooper was once asked if he was the same editor attacking the President who had previously sought office from the very man he now criticized. Cooper confirmed that he was indeed the same person and saw nothing improper in his actions. According to him, it was not he who had changed, but John Adams. In 1797, the President "was hardly in the infancy of political mistakes." At that time, Adams had not yet declared that a Republican government might mean anything; he had not sanctioned the Alien and Sedition Acts or the

Here is the translated text as follows:James Priestley suggested to him to apply for the position. Objections were raised that he was not a native and did not share the President's political views. Dr. Priestley considered such objections insignificant. He argued that if Mr. Adams intended to be the ruler of a nation and not merely the leader of a party, he would welcome the opportunity to demonstrate it. Consequently, Dr. Priestley wrote a letter to the President, presenting Cooper's name for the position. Cooper also sent a letter himself. However, the office was given to someone else, and no

Here is the translated text as follows:Thomas Cooper drifted into metaphysics, and from metaphysics, he transitioned to politics. In politics, he became so unpopular in England that he emigrated to the United States. Here, he began practicing law. Despite being an earnest Republican, a scholar, and a man of unquestionable ability, his clients were few. Consequently, he found himself needing to seek a government position. In 1797, the office of agent for American claims under the English treaty became vacant. His friend, Dr.Previously, he had been accused of various judicial misconducts. These included committing constables who refused to serve them,

Here is the translated text as follows:The Trial of Thomas Cooper for Seditious Libel, Philadelphia, Pennsylvania, 1800The NarrativeThomas Cooper was an Englishman who had inherited a good fortune. He was trained as a lawyer but spent more time experimenting with acids and gases than studying law books or preparing legal briefs. His interest in chemistry eventually led him to master the subject.Cooper, Thomas (1759-1840), was born in London, England. He was educated at Oxford, studied law, and then turned to the natural sciences, particularly chemistry, over which he soon obtained mastery. However, he ventured into politics and fell out of

Here is the translated text as follows:THE EXECUTIONDelargo committed suicide in Salem Jail before the trial. After the conviction, Da Soto, the first mate, was pardoned through the intercession of Mrs. David Lee Child, the wife of the counsel. A strong point in his favor was his bravery in rescuing a vessel under circumstances of great peril, along with her crew and passengers, consisting of women and children, as she lay aground on the Bahama Banks.The others were hanged at the Leverett Street Jail, and many people came in boats to witness the execution, which I saw. Boyga cut his

Here is the translated text as follows:The Clerk: Jurors, look upon the prisoner; prisoner, look upon the jurors. How say you, gentlemen, is the prisoner at the bar, Pedro Gibert, guilty or not guilty?The Foreman: Guilty.The same verdict was pronounced against De Soto (the mate), Ruiz (the carpenter), Boyga, Castille, Garcia, and Montenegro. However, Costa (the cabin boy), Ferrer (the negro), Guzman, Portana, and Velasquez were declared not guilty.The Foreman read to the Court the following recommendation to mercy:"The sympathies of the jury have been strongly moved in behalf of Bernardo De Soto, on account of his generous, noble, and

Here is the translated text as follows:PEDRO GIBERT AND OTHERSFor years, more than one or two of the Southern States resisted. Congress could do no more than it did at the time of the formation of the Constitution. They wished to have prohibited the traffic at once, but there were opposing interests to be reconciled, and they had no other alternative than to sacrifice the Constitution or submit to a limited evil. They had many prejudices to overcome, and had they not secured the Constitution by a temporary sacrifice of their wishes, they never would have been able to destroy

Here is the translated text as follows:American State TrialsAs the American passed by the sufferers, the Spaniard stopped and saved them. However, the prisoner's guilt must outweigh all these considerations. We cannot dispense mercy; that is the attribute of a higher power. You and I, gentlemen, are bound to do our duty according to the law, and we would be false to our oaths, our country, and our God if we were to shut our eyes to the force of the testimony before us.The concluding part of the charge was very favorable to Portana, Velasquez, and Ferrer. No participation whatsoever,

Here is the translated text as follows:PEDRO GIBERT AND OTHERSThe crime attempted to be destroyed by fire was obvious. The individuals, whoever they were, after committing the robbery, had resolved to consummate their crime by sacrificing every member of the crew, murdering those against whom they could have no personal animosity, and whom they had never before seen. It was a horrible crime; however, the horror it incited was not, at the present time, to weigh against these prisoners in the minds of the jury. The jury was first to determine if the prisoners were guilty.Judge Story then proceeded to

Here is the translated text as follows:768 &X. AMERICAN STATE TRIALSThe trial here was conducted with reference to certain suggestions and questions regarding whether money had been divided among the crew of the Curlew. This question was clear and understandable to everyone. As an individual, after the most careful examination, I must say that I found nothing in Captain Trotter's actions that a man in his position might not fairly do. The learned judge further stated, in reference to this matter, that if, in this first instance of national reciprocity, British officers found themselves accused without sufficient reason, it would

Here is the translated text as follows:PEDRO GIBERT AND OTHERSLet them look at the conduct of Capt. Trotter. He was an officer of the British navy stationed on the coast of Africa, with directions to use his efforts in suppressing the slave trade. He was there discharging the particular duty assigned to him and was under no obligation to trouble himself about pirates. However, he received information about the robbery of the American brig and that the pirate was believed to be on the African coast. He immediately went in search of her. What motive could this gallant officer have

Here is the translated text as follows:766 X. AMERICAN STATE TRIALSHow could we support our claims to property, or claims of any other kind, but by human testimony? The only purpose for which these cases ought ever to be called before a jury is as a caution. If they were urged further than this, it would be an urging of the jury to betray their duty. He regretted seeing them introduced into an American court because our tribunals are not characterized by a thirst for blood. On the contrary, if we have anything of which we can justly boast, it

Here is the translated text as follows:Many things, said Judge Story, had been brought into the present case which he regretted. However, the counsel for the defense had undoubtedly done right in omitting nothing that might have occurred to their minds as likely to benefit the prisoners. The jury had been presented with many cases to illustrate the difficulty of deciding upon the identity of individuals. Some of these cases might be founded in fact, or they might, for all anyone could say to the contrary, be figments of the imagination. They were commonplaces of the law and had been

Here is the translated text as follows:764 X. AMERICAN STATE TRIALSThe gallantry with which they, upon all occasions, risked their lives in behalf of the general weal.November 24.JUDGE STORY'S CHARGEJudge Story:Gentlemen, this important and protracted case is now, I hope, drawing to a close. In terms of its duration and the extraordinary nature of the circumstances developed, it is without parallel in the history of our courts. Great diligence and exertion have been used to bring out the facts; those facts are now before the jury, and it is for you to decide as to the guilt or innocence of