The Life of Albert Gallatin. Adams Henry
I arrived here yesterday, pretty much jolted by the wagon, and went to bed in the afternoon, so that I saw nobody till this morning… Hardly had I walked ten minutes in the streets this morning before I was summoned as a witness before the grand jury on the part of government, and must appear there in a few minutes…
… I wrote you that I was summoned on behalf of government. I am obliged to attend every day at court, but have not yet been called upon. I am told the bill upon which I am to be examined is not yet filled. I guess it is against Colonel Gaddis; but I have, so far as I can recollect, nothing to say which in my opinion can hurt him. You remember that Gaddis is the man who gave an affidavit to Lee against me. He came yesterday to me to inform me that he meant to have me summoned in his favor, as he thought my testimony must get him discharged. I did not speak to him about his affidavit, nor he to me, but he had a guilty look. I guess the man was frightened, and now feels disappointed in his hope that his accusing me would discharge him. The petty jury consists of twelve from each of the counties of Fayette, Washington, and Alleghany, and twelve from Northumberland, but none from Westmoreland. Your friend Sproat is one of them, Hoge another. All from Fayette supposed to have been always friendly to the excise, but I think in general good characters. All those of any note known to have been in general of different politics with us…
… The two bills for treason against Mr. Corbly and Mr. Gaddis have been returned ignoramus by the grand jury; but there are two bills found against them for misdemeanor, – against the first for some expressions, against the last for having been concerned in raising the liberty-pole in Union town. I am a witness in both cases, – in the case of Mr. Corbly altogether in his favor; in the other case my evidence will about balance itself… The grand jury have not yet finished their inquiry, but will conclude it this morning. They have found twenty-two bills for treason. Some of those against whom bills were found are not here; but I believe fourteen are in jail and will be tried. I do not know one of them. John Hamilton, Sedgwick, and Crawford, whom Judge Peters would not admit to bail, and who were released little before we left town, after having been dragged three hundred miles and being in jail three months, are altogether cleared, the grand jury not having even found bills for misdemeanor against them. After the strictest inquiry the attorney-general could send to the grand jury bills only against two inhabitants of Fayette, to wit, Gaddis and one Mounts; he sent two against each of them, one for treason and one for misdemeanor. In the case of Mounts, who has been in jail more than five months, and who was not admitted to give bail, although the best security was offered, not a shadow of proof appeared, although the county was ransacked for witnesses, and both bills were found ignoramus. And it is proper to observe that the grand jury, who are respectable, were, however, all taken from Philadelphia and its neighborhood, and, with only one or two exceptions, out of one party, so that they cannot be suspected of partiality. In the case of Gaddis the bill for treason was returned ignoramus; the bill for misdemeanor was found. So that the whole insurrection of Fayette County amounts to one man accused of misdemeanor for raising a pole. I can form no guess as to the fate of the prisoners who are to be tried for treason, and whether, in case any are found guilty, government mean to put any to death. There is not a single man of influence or consequence amongst them, which makes me hope they may be pardoned. There is one, however, who is said to be Tom the Tinker; he is a New England man, who was concerned in Shay’s insurrection, but it is asserted that he signed the amnesty. I have had nothing but that business in my head since I have been here, and can write about nothing else…
I believe, my dear little wife, that I will not be able to see thee till next week, for the trials go on but very slowly; there has been but one since my last letter, and there are nine more for high treason, besides misdemeanors. I am sorry to add that the man who was tried was found guilty of high treason. He had a very good and favorable jury, six of them from Fayette; for, although he is from Westmoreland County, the fact was committed in Fayette… There is no doubt of the man [Philip Vigel] being guilty in a legal sense of levying war against the United States, which was the crime charged to him. But he is certainly an object of pity more than of punishment, at least when we consider that death is the punishment, for he is a rough, ignorant German, who knew very well he was committing a riot, and he ought to have been punished for it, but who had certainly no idea that it amounted to levying war and high treason…
… Those trials go still very slowly, only two since I wrote to you; the men called Curtis and Barnet, both indicted for the attack upon and burning Nevil’s house, and both acquitted; the first without much hesitation, as there was at least a strong presumption that he went there either to prevent mischief or at most only as a spectator. The second was as guilty as Mitchell, who has been condemned, but there were not sufficient legal proofs against either. The difference in the verdict arises from the difference of counsel employed in their respective defences, and chiefly from a different choice of jury. Mitchell was very poorly defended by Thomas, the member of Senate, who is young, unexperienced, impudent, and self-conceited. He challenged (that is to say, rejected, for, you know, the accused person has a right to reject thirty-five of the jury without assigning any reason) every inhabitant of Alleghany, and left the case to twelve Quakers (many of them probably old Tories), on the supposition that Quakers would condemn no person to death; but he was utterly mistaken. Lewis defended Barnet, made a very good defence, and got a jury of a different complexion; the consequence of which was that, although the evidence, pleadings, and charge took up from eleven o’clock in the forenoon till three o’clock the next morning, the jury were but fifteen minutes out before they brought in a verdict of not guilty. Brackenridge says that he would always choose a jury of Quakers, or at least Episcopalians, in all common cases, such as murder, rape, etc., but in every possible case of insurrection, rebellion, and treason, give him Presbyterians on the jury by all means. I believe there is at least as much truth as wit in the saying… I have drawn, at the request of the jury who convicted Philip Vigel, a petition to the President recommending him as a proper object of mercy; they have all signed it, but what effect it will have I do not know, and indeed nobody can form any conjecture whether the persons convicted will be pardoned or not. It rests solely with the President…
I am sorry, my dear friend, that I cannot go and meet you, agreeable to our appointment; but I am detained here as an evidence in the case of Corbly, and of two more in behalf of the United States, although I know nothing about any of them except Corbly. I lend my horse to Cazenove, who goes in my room, and who will tell you what little has passed since I saw you on the subject of our plan. Upon the whole, I conceive that further emigrations from Geneva will not take place at present, and that our plan will not be accepted in Europe. We must therefore depend merely on our own present number and strength, and this you should keep in view in the course of the examination you are now making. Our own convenience and the interest of those few Genevans who now are here must alone be consulted, and it may be a question whether under those circumstances it will be worth while for you and me to abandon our present situation, and for them to encounter the hardships and hazards of a new settlement in the rough country you are now exploring; whether, on the contrary, it would not be more advantageous for them to fix either in the more populous parts of the State, or even in our own neighborhood, where they might perhaps find resources sufficient for a few and enjoy all the advantages resulting from our neighborhood, experience, and influence.
… You will see in this day’s Philadelphia paper an abstract of the treaty; it is pretty accurate, for I read the treaty itself yesterday. I believe it will be printed at large within a day or two. It exceeds everything I expected… As to the form of ratification I have not seen it, but from the best information I could collect it is different from what has been printed in some papers. It is, I think, nearly as followeth: The Senate consent to and advise the President to ratify the treaty upon condition that an additional article be added to the same suspending the operation of, or explaining (I do not know which), the 12th Article, so far as relates to the intercourse with the West India Islands. If that information is accurate, it follows that the treaty is not ratified, because the intended additional