Volume III Part 6 (1/2)

[115] See vol. II, 429 _et seq._ of this work.

[116] Jefferson to Mason, Oct. 11, 1798, _Works_: Ford, VIII, 449-50; same to Callender, Sept. 6, 1799, _ib._ IX, 81-82; same to same, Oct. 6, 1799, _ib._ 83-84; Pickering to Higginson, Jan. 6, 1804, Pickering MSS.

Ma.s.s. Hist. Soc.

[117] War speech of Adams to Congress in 1798, see vol. II, 351, of this work.

[118] Testimony of James Winchester (_Annals_, 8th Cong. 2d Sess.

246-47); of Luther Martin (_ib._ 245-46); and of John T. Mason (_ib._ 216); see also _Chase Trial_, 63.

[119] Testimony of James Triplett, _Chase Trial_, 44-45, and see _Annals_, 8th Cong. 2d Sess. 217-19.

[120] Jefferson to Monroe, May 26, 1800, _Works_: Ford, IX, 136. By ”public interference” Jefferson meant an appropriation by the Virginia Legislature. (_Ib._ 137.)

[121] The trial of Aaron Burr, see _infra_, chaps. VI, VII, VIII, and IX.

[122] See testimony of George Hay,_ Annals_, 8th Cong. 2d Sess. 203; and see especially Luther Martin's comments thereon, _infra_, chap. IV.

[123] The public mind was well prepared for just such appeals as those that Hay and Wirt planned to make. For instance, the citizens of Caroline County subscribed more than one hundred dollars for Callender's use.

The subscription paper, probably drawn by Colonel John Taylor, in whose hands the money was placed, declared that Callender ”has a cause closely allied to the preservation of the Const.i.tution, and to the freedom of public opinion; and that he ought to be comforted in his bonds.”

Callender was ”a sufferer for those principles.” Therefore, and ”because also he is poor and has three infant children who live by his daily labor” the contributors freely gave the money ”to be applied to the use of James T. Callender, and if he should die in prison, to the use of his children.” (_Independent Chronicle_, Boston, July 10, 1800.)

[124] See _infra_, chap. IV.

[125] Wharton: _State Trials_, 692.

[126] _Ib._ 696-98; and see testimony of Taylor, _Chase Trial_, 38-39.

[127] Wharton: _State Trials_, 717-18. Chase's charge to the jury was an argument that the const.i.tutionality of a law could not be determined by a jury, but belonged exclusively to the Judicial Department. For a brief _precis_ of this opinion see chap. III of this volume. Chase advanced most of the arguments used by Marshall in Marbury _vs._ Madison.

[128] _Ib._ 718. When Jefferson became President he immediately pardoned Callender. (See next chapter.)

[129] Wharton: _State Trials_, footnote to 718.

[130] See testimonies of Gunning Bedford, Nicholas Vand.y.k.e, Archibald Hamilton, John Hall, and Samuel P. Moore, _Chase Trial_, 98-101.

[131] For example, one Charles Holt, publisher of a newspaper, _The Bee_, of New London, Connecticut, had commented on the uselessness of enlisting in the army, and reflected upon the wisdom of the Administration's policy; for this he was indicted, convicted, and sentenced to three months' imprisonment, and the payment of a fine of two hundred dollars. (Randall: _Life of Thomas Jefferson_, II, 418.)

When President Adams pa.s.sed through Newark, New Jersey, the local artillery company fired a salute. One of the observers, a man named Baldwin, idly remarked that ”he wished the wadding from the cannon had been lodged in the President's backside.” For this seditious remark Baldwin was fined one hundred dollars. (Hammond: _History of Political Parties in the State of New York_, I, 130-31.)

One Jedediah Peck, a.s.semblyman from Otsego County, N.Y., circulated among his neighbors a pet.i.tion to Congress to repeal the Alien and Sedition Laws. This shocking act of sedition was taken up by the United States District Attorney for New York, who procured the indictment of Peck; and upon bench warrant, the offender was arrested and taken to New York for trial. It seems that such were the demonstrations of the people, wherever Peck appeared in custody of the officer, that the case was dropped. (Randall, II, 420.)

[132] They were supposed to select juries according to the laws of the States where the courts were held. As a matter of fact they called the men they wished to serve.

[133] McMaster: _History of the People of the United States_, II, 473; and see speech of Charles Pinckney in the Senate, March 5, 1800, _Annals_, 6th Cong. 1st and 2d Sess. 97.

[134] See speech of Bacon in the _Independent Chronicle_, Feb. 11-14, 1799; and of Hill, _ib._ Feb. 25, 1799.