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

THE HEADS OF DEPARTMENT TO THE PRESIDENT. - John Adams, The Works of John Adams, vol. 9 (Letters and State Papers 1799-1811) [1854]

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. 9.

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

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THE HEADS OF DEPARTMENT TO THE PRESIDENT.

Having considered the questions proposed by the President for our consideration, we respectfully submit the following opinions.

That the intent of the insurgents in Pennsylvania, in 1798, was to prevent the execution of the law, directing the valuation of houses and lands, and the enumeration of slaves, in the particular district of country where they resided. That we know of no combination in other States, and presume that no combination, pervading the whole State of Pennsylvania, was actually formed. We believe, however, that if the government had not adopted prompt measures, the spirit of insurrection would have rapidly extended.

We are of opinion that the crime committed by Fries, Heyney, and Getman, amounted to treason, and that no danger can arise to the community from the precedents already established by the judges upon this subject. We cannot form a certain judgment of the effect upon public opinion, of suffering the law to have its course, but we think it must be beneficial, by inspiring the well disposed with confidence in the government, and the malevolent and factious with terror.

The Attorney-General and the Secretary of the Navy, however, believe that the execution of one will be enough to show the power of the laws to punish, and may be enough for example, the great end of punishment, and that Fries deserves most to suffer; because, though all are guilty, and all have forfeited their lives to the justice of their country, he was the most distinguished in the commission of the crime. The Secretary of the Treasury perceives no good ground for any distinction in the three cases, and he believes that a discrimination, instead of being viewed as an act of mercy, would too much resemble a sentence against an unfortunate individual. He also believes that the mercy of government has been sufficiently manifested by the proceedings of the Attorney of the United States, and that the cause of humanity will be most effectually promoted by impressing an opinion that those who are brought to trial, and convicted of treason, will not be pardoned.

Charles Lee,

Oliver Wolcott.

Ben. Stoddert.

The Attorney-General and Secretary of the Navy beg leave to add, as their opinion, that it will be more just and more wise that all should suffer the sentence of the law, than that all should be pardoned.

Ben. Stoddert.

Charles Lee.