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Subject Area: Political Theory
Topic: The American Revolution and Constitution

C. LEE, ATTORNEY-GENERAL, TO JOHN ADAMS. - John Adams, The Works of John Adams, vol. 8 (Letters and State Papers 1782-1799) [1853]

Edition used:

The Works of John Adams, Second President of the United States: with a Life of the Author, Notes and Illustrations, by his Grandson Charles Francis Adams (Boston: Little, Brown and Co., 1856). 10 volumes. Vol. 8.

Part of: The Works of John Adams, 10 vols.

About Liberty Fund:

Liberty Fund, Inc. is a private, educational foundation established to encourage the study of the ideal of a society of free and responsible individuals.


C. LEE, ATTORNEY-GENERAL, TO JOHN ADAMS.

Philadelphia, 28 May, 1799.

Sir,—

I had the honor to receive your letter of the 17th; but, not having been present at the trial of Fries, it was not in my power to give you a minute of Mr. Lewis’s reasons for the opinion that the crime of Fries was not treason, without applying to Mr. Rawle on the subject, who has given me a short note, of which a copy is inclosed.1 The reasons were thought by the court insufficient, and so they seem also to me.

You have no doubt been informed that a new trial has been granted to Fries. I understand that, after the conviction, it became known to the prisoner’s counsel, that one of the jury had on several occasions expressed that he thought Fries and all concerned with him deserved to be hanged. This Judge Iredell conceived to be enough to show that the juror was disqualified to pass upon the prisoner. Judge Peters was of a different opinion, but ultimately concurred in it, rather than to allow the condemnation to rest on his own judgment.2 Mr. Carpenter, who takes the debates of Congress in short hand, has taken all the proceedings on this trial, which are in the press and will speedily be published. A copy shall be transmitted for your more particular information, so soon as it shall be in my power.

With perfect respect, I am, Sir, &c.

Charles Lee.

[1 ]See page 648, note.

[2 ]On the same point Mr. Pickering writes on the 18th;

“To the surprise and chagrin of many, Mr. Lewis’s motion for a new trial in the case of John Fries has prevailed.”