Columbian Centinel, July 11, 1801, as quoted in Warren, 225-27.
77
Correspondence and Public Papers of John Jay: Johnston, iii, 478-85.
78
Wharton: State Trials of the U.S. during the Administrations of Washington and Adams, 60 et seq.; and see Wilson's law lecture on the subject, Wilson, iii, 384.
79
2 Dallas, 297-99.
80
Ib. Ravara was tried and convicted by the jury under the instructions of the bench, "but he was afterward pardoned on condition that he surrender his commission and Exequatur." (Wharton: State Trials, 90-92.)
81
For the documents preceding the arrest and prosecution of Henfield, see Wharton: State Trials, footnotes to 49-52.
82
See Wilson's charge, Wharton: State Trials, 59-66.
83
See Wharton's summary of Wilson's second charge, ib. footnote to 85.
84
Ib. 88.
85
Marshall: Life of George Washington, 2d ed. ii, 273-74. After the Henfield and Ravara cases, Congress passed a law applicable to such offenses. (See Wharton: State Trials, 93-101.)
86
Wharton: State Trials, 653-54.
87
This was the British defense for impressment of seamen on American ships. It was one of the chief points in dispute in the War of 1812. The adherence of Federalists to this doctrine was one of the many causes of the overthrow of that once great party. (See infra, vol. iv, chap. i, of this work.)
88
Wharton: State Trials, 654. Upon another indictment for having captured a British ship and crew, Williams, with no other defense than that offered on his trial under the first indictment, pleaded guilty, and was sentenced to an additional fine of a thousand dollars, and to further imprisonment of four months. (Ib.; see also vol. ii, 495, of this work.)
89
U.S. vs. Hudson, 7 Cranch, 32-34. "Although this question is brought up now for the first time to be decided by this court, we consider it as having been long since settled in public opinion… The legislative authority of the Union must first make an act a crime, affix a punishment to it and declare the court that shall have jurisdiction of the offense." (Justice William Johnson delivering the opinion of the majority of the court, ib.)
Joseph Story was frantic because the National judges could not apply the common law during the War of 1812. (See his passionate letters on the subject, vol. iv, chap. i, of this work; and see his argument for the common law, Story, i, 297-300; see also Peters to Pickering, Dec. 5, 1807, March 30, and April 14, 1816, Pickering MSS. Mass. Hist. Soc.)
90
The opinion of Justice Chase, of the Supreme Court of Philadelphia, sitting with Peters, District Judge, in the case of the United States vs. Robert Worral, indicted under the common law for attempting to bribe a United States officer. Justice Chase held that English common law was not a part of the jurisprudence of the United States as a Nation. (Wharton: State Trials, 189-99.)
91
This was notably true of Justice James Wilson, of the Supreme Court, and Alexander Addison, President Judge of the Fifth Pennsylvania (State) Circuit, both of whom were born and educated in the United Kingdom. They were two of the ablest and most learned men on the bench at that period.
92
Message of Governor John Tyler, Dec. 3, 1810, Tyler: Letters and Times of the Tylers, i, 261; and see Tyler to Monroe, Dec. 4, 1809, ib. 232.
93
Jefferson to Randolph, Aug. 18, 1799, Works: Ford, ix, 73.
94
See vol. ii, chaps. x and xi, of this work.
95
The National judges, in their charges to grand juries, lectured and preached on religion, on morality, on partisan politics.
"On Monday last the Circuit Court of the United States was opened in this town. The Hon. Judge Patterson … delivered a most elegant and appropriate charge.
"The Law was laid down in a masterly manner: Politics were set in their true light by holding up the Jacobins [Republicans] as the disorganizers of our happy country, and the only instruments of introducing discontent and dissatisfaction among the well meaning part of the community. Religion & Morality were pleasingly inculcated and enforced as being necessary to good government, good order, and good laws; for 'when the righteous [Federalists] are in authority, the people rejoice.'…
"After the charge was delivered the Rev. Mr. Alden addressed the Throne of Grace in an excellent and well adapted prayer." (United States Oracle of the Day, May 24, 1800, as quoted by Hackett, in Green Bag, ii, 264.)
96
Adams's War Speech of 1798; see vol. ii, 351, of this work.
97
Wharton: State Trials, 333-34.
98
Ib. 339.
99
Ib. 337. Paterson sat with District Judge Hitchcock and delivered the charge in this case. Luther Martin in the trial of Justice Chase (see infra, chap. iv) said that Paterson was "mild and amiable," and noted for his "suavity of manners." (Trial of the Hon. Samuel Chase: Evans, stenographer, 187-88.)
100
See Lyon to Mason, Oct. 14, 1798, Wharton: State Trials, 339-41.
101
Jefferson to Taylor, Nov. 26, 1798, Jefferson MSS. Lib. Cong.
102
Wharton: State Trials, 684.
103
Ib. 685.
104
Ib. 685-86.
105
Wharton: State Trials, 661-62. Cooper was referring to the case of Jonathan Robins. (See vol. ii, 458-75, of this work.)
106
Cooper afterward became a State judge.
107
See infra, chap. viii.
108
Wharton: State Trials, 679. Stephen Girard paid Cooper's fine. (McMaster: Life and Times of Stephen Girard, i, 397-98.)
109
Wharton: State Trials, 466-69.
110
See vol. ii, 429 et seq. of this work.
111
Wharton: State Trials, 598-609.
112
For sketch of Lewis see Wharton: State Trials, 32-33.
113
Independent Chronicle, Boston, May 12, 1800.
114
Wharton: State Trials, 641 et seq.
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. Mass. 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
