USA > Pennsylvania > Lehigh County > History of Lehigh county, Pennsylvania and a genealogical and biographical record of its families, Vol. I > Part 39
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them, if not all, were farmers and accustomed to work on their own properties at home; he al- lowed them to get work and be paid for it, in order to get pocket money, and have exercise ; but required them always to be in jail at night. One, whose name was Moyer, worked one day for my father, who lived about one mile from the jail. I remember the fact of his working there very distinctly-splitting wood. We had noth- ing but iron wedges, and this Mr. Moyer was the first person I ever saw use wooden wedges or. gluts in splitting the wood. In the evening he complained of not being very well, and our fam- ily wished him to remain all night. This he declined to do, saying that Mr. Wells was very good to them, but he had desired them to be there every night, and he would be as good as his word. The next day he got worse with the jail fever and died with it at Norristown."
The second trial of John Fries was had in the Circuit Court of the United States, at Phil- adelphia, which commenced on April 29th, 1800. Judge Chase presiding, assisted by Judge Peters, of the District Court. The former indictment had been withdrawn by the District Attorney, and a new one drawn in its stead, upon which Fries was arraigned and, as before, plead "Not Guilty." Mr. Dallas and Mr. Lewis, who were engaged in the first trial as counsel for the pris- oner, were retained to defend him also upon the second; but they withdrew from the case at the commencement, because of the extraordinary course of the Judges in laying down their opin- ions as to the law before hearing counsel, thus prejudicing the case. They alleged that this pro- ceeding was not only illegal but wholly unprec- edented, and they therefore declined to have any- thing more to do with the case. This conduct of Judge Chase afterward became the subject of the first of the articles of his impeachment, on which he was tried before the United States Senate, in February, 1805. Their withdrawal left Fries without legal assistance. The court asked him if he wished to have counsel assigned him, but, as he did not express any desire for it, the trial went on in the absence of it. Mr. Rawle and Mr. Ingersoll conducted the prosecution.
Of the jurors called, thirty-four were chal- lenged without cause, and the following were admitted and sworn, viz: Samuel Wheeler, fore- man; Henry Pepper, John Taggert, Cornelius Comegys, Ephraim Clark, Thomas Baily, Law- rence Cauffman, John Edge, Charles Deshler, Henry DuBois, Isaac Dehaven, and John Balli- ott. Before the jurors were sworn, they were individually asked, upon oath, "Are you any way related to the prisoner," to which they all answered "No." "Have you ever formed or
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THE FRIES REBELLION.
delivered an opinion as to the guilt or innocence of the prisoner, or that he ought to be punished ;" to which they generally answered not to their knowledge. Some of them admitted that they had spoken in disapprobation of the transaction, but not as to the prisoner particularly. Mr. Taggert, after he was sworn, remarked to the court that he felt uneasy under his oath, inas- much as he had often spoken of the prisoner as very culpable, but that he had never made up his mind to hang him; that when he took the oath he did not conceive it to be so strict, and therefore he wished to be excused. The court informed him that as he was now sworn, it was impossible to excuse him, and he accordingly took his seat with the others.
Mr. Rawle opened the case on the part of the United States. Before any of the testimony was admitted for the prosecution, Judge Chase cau- tioned the prisoner to attend to the examination of the witnesses against him, and to ask them any questions he might deem proper, but to be careful not to ask any questions that might possibly crim- inate himself. He said that the court would be watchful of him, and would check anything that might go to injure him, and would be his counsel and grant him every assistance and indulgence in their power. The testimony was much the same as that produced upon the first trial, and sus- tained the facts laid in the indictment. The pris- oner offered no evidence. Mr. Rawle summed up the testimony, briefly, after which Judge Chase charged the jury.
The jury retired about six o'clock in the eve- ning, when the court adjourned until ten. When they entered the jury room, the jurors agreed, that without previous argument among them- selves, the opinion of each one should be ex- pressed by ballot, which was done, and they were unanimously in favor of conviction. At the hour to which they adjourned, the Court again assembled, when the jury was brought in and delivered the verdict Guilty, amid the most pro- found silence. During the trial Fries was tran- quil, and bore himself with great propriety, but after the verdict was rendered, he became much affected; and in view of his impending fate remained depressed in spirits down to the time of his liberation. It is said that he confidently ex- pected an acquittal, based on the opinion of his counsel that his offence did not amount to
treason.
After the rendition of the verdict, Judge Chase remarked to the prisoner that as he had no coun- sel on the trial, if he, or any person for him, could point out any flaw in the indictment, or legal ground for arrest of judgment, ample time would be allowed for that purpose. The court
met on Friday, May 2nd to sentence the pris- oner. The sentence was pronounced by Judge Chase, who addressed Fries at length, remark- ing to the other prisoners at the bar, that what he should say to him would apply generally to them. He reviewed the offence of which he had been convicted, after a fair and impartial trial, and pointed out the enormity of the crime in re- sisting the acts of a government so free and lib- eral as that of the United States. He called his attention to his near approach to the close of his career on earth, and besought him to prepare for that other life which was beyond the grave. He entreated him to employ the balance of his days in repenting of his sins, and in seeking that par- don which God alone can give. In conclusion, Judge Chase said :
"What remains for me is a very necessary but a very painful part of my duty ; it is to pronounce that judgment which the law has appointed for crimes of this magnitude. The judgment of the law is, and this Court does award, 'that you be hanged by the neck until dead; and I pray God Almighty to be merciful to your soul.' "
Samuel Sitgreaves, who conducted the prose- cution at the first trial of John Fries, was one of the ablest men Pennsylvania ever produced. He was born in Philadelphia, 1763, where he studied law and was admitted to the bar. He removed to Easton, Northampton county, about 1786, and, by reason of his great abilities immediately took a high position at the bar, and became prominent in politics. His first appearance in public life, was as a member of the Constitutional Conven- tion of Pennsylvania, 1790, in which he took an active part. He was elected to Congress, 1794, and served until 1798. In the impeachment of Senator Blount, of Tennessee, before the United States Senate, he was one of the leading man- agers, and discharged his duties with great power, talents and fidelity. In 1799, Mr. Sitgreaves went to England as Commissioner under Jay's treaty, and was absent at the time of the second trial of Fries. After the election of Mr. Jeffer- son he retired from politics and devoted himself to his profession. He became disgusted with the Federalists, but could not affiliate with Demo- crats. He spent the balance of his days in re- tirement.
During the time that John Fries was confined in prison he received much sympathy from the citizens of Philadelphia, and others. Among those who took deep interest in his fate, was the Rev. Dr. Janeway, an eminent clergyman of that day, who visited him by permission of the au- thorities, and ministered to him spiritual and other consolation. He presented him a handsome Bible of duodecimo size, with which to console
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HISTORY OF LEHIGH COUNTY, PENNSYLVANIA.
his hours of confinement. After his sentence to death, May 9th, and when he expected shortly to be led to the scaffold for execution, he made a bequest of this Bible to his children, as follows, viz:
"Philadelphia, May 22, 1800.
"My Dear Children .- This book, presented to me by J. J. Janeway, at his request, I leave as the legacy of your dying father. Let me entreat you to regard it as the best gift of Heaven ; as revealing the only way of salvation for lost sinners. I beseech, I command you, to read and to study it. I pray that the spirit of God may open your eyes, that you may read it in faith, to the salvation of your immortal souls.
"(Signed) JOHN FRIES."
The Bible is now in possession of John Fries' descendants who live in Whitemarsh, Montgom- ery county, and is cherished by them as a great treasure. The bequest is in his handwriting, and to judge by the language he was by no means an illiterate man. He lives many years after this period, and at his death the sacred volume passed into the hands of those for whom he had intended it.
Conrad Marks was tried for treason at Nor- ristown on April 26, 1800, and acquitted, but for aiding the insurrection was sentenced to two year's imprisonment and $800.00 fine. Marks was born June 12, 1745, and died Jan. 16, 1807. He is buried at Western Salisbury church.
Anthony Stahler was acquitted of treason but was sentenced to eight month's imprisonment and $150.00 fine for aiding the insurrection.
Sentences of imprisonment and fines were im- posed upon the following, many of which were subsequently lightened.
Imprisonment. Fine.
George Schaeffer, Eight months, .. $ 400.00*
Daniel Schwartz, Sr.,
... Eight months, .. 400.00
Henry Stahler,
.Eight months, .. 200.00
Henry Schiffert, . Eight months, .. 200.00
Henry Jarret, Two years, ..
1,000.00
Valentine Kuder, . Two years, 200.00
Jacob Eierman, .One year, 50.00
Henry Shankweiler,
.One year, 150.00
Nine months, . 400.00 Michael Schmeier,
.Eight months, ..
Philip Desch, .Eight months, .. 150.00
Jacob Klein, . Eight months, .. 150.00
Herman Hartman, . Six months, 150.00
Philip Ruth, Six months, ... 200.00 John Eberhard, Six months, ... 100.00
John Huber,
Six months, ... 150.00
* First offense.
¡ Second offense.
Christian Sachs, . Six months, . . .
200.00
John Klein, Jr., . Six months, .. 100.00
Daniel Klein, Six months, 150.00
Jacob Klein, Six months, 150.00
Adam Breich, .Six months, 150.00
George Memberger, . Six months, 150.00
George Getman,
Six months, 100.00
William Getman, . Six months,
100.00
Abraham Schantz, .Four months, ..
I00.00
Henry Memberger, Four months, .. 100.00
Peter Hager,
Four months, ..
100.00
Abraham Samsel,
.Three months, ..
50.00
P. Huntsberger,
.Three months, ..
50.00
Peter Gabel,
.Two months, .. 40.00
Jacob Gabel,
. Two months, ..
40.00
Of these men Philip Desch and Michael Schmoyer died in prison, leaving families. David Schaeffer, it is said, also died in prison of yellow fever, leaving a widow and two children.
Among the witnesses who made affidavit that John Roth had expressed himself that Fries and his followers should be hanged, which he in an affidavit, denied, were Nicholas Moyer, of Phil- adelphia, Daniel Heberly, Herman Hartman, Henry Shankweiler and Henry Jarret, of Ma- cungie.
The following is a translation of a threaten- ing letter sent to Captain Jarret.
"A certain warning to you, John Sheret, if you have already advised the people who are for liberty that they should not go armed to Beth- lehem, you need not discourage others any more as you are already a cursed stambler as are many others in this neighborhood. Your brother Henry also said that the people should not have done that to go against the government. He was scared when he came to Bethlehem and saw the people with weapons and (undecipher- able) was also in a rage about it. So Eyerley is a devil as you and John Sheret. I say in case of an outbreak I will burn your house and barn and will shoot you and your brother dead wherever I shall detect you cursed stamblers. If it would not be for your brother Henry most surely Beth- lehem would receive its deserving reward, the cursed advice would be frustrated. And you are never safe in your house. You and Eyerley are cursed stambler knaves one as the other else you would not dissuade the people who are for lib- erty.
"These are the weapons for your slaughter." (Drawings of a pistol and dagger.)
PARDON OF FRIES.
The conviction and sentence of Fries increased the excitement already prevailing. The two political parties took up the question of his guilt or innocence and discussed it with great bitter- ness ; the Federalists contending he was guilty of
Four months, ... 200.00₺ Christian Ruth,
Eight months, .. 200.00
200.00 Henry Schmidt,
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THE FRIES REBELLION.
treason and ought to suffer the extreme penalty of the law; the Democrats taking the opposite ground, that he was the victim of tyranny and oppression. The newspapers of that period teem with this violent partizan discussion, and give us an insight into the bitterness that prevailed. When the news spread into the districts where Fries had resisted the execution of the tax law, and it became known, among his neighbors and followers, that he had been condemned to death, the minds of the people were more inflamed than at any past period; and had they possessed the power, would undoubtedly have torn him from the hands of the federal government.
There was a strong feeling in favor of Fries, and this increased after his conviction. He was considered a deluded man, who had probably been led astray by other more responsible parties. For this reason, also, there was a desire to save him from execution. This was participated in by both political parties, and an immediate effort was made to obtain a pardon from the President.
Fries does not appear to have been actuated by the feeling of a martyr, nor to have had any desire to be distinguished in that way; but was anxious to escape from the unpleasant position in which he found himself. Soon after his sentence, he caused to be presented to the President the following petition :
"PETITION OF JOHN FRIES.
"To the President of the United States :
"The petition of John Fries respectfully show- eth; that your prisoner is one of those deluded and unfortunate men, who, at the Circuit Court of this district, has been convicted of treason against the United States for which offence he is now under sentence of death. In this awful situation, impressed with a just sense of the crime he has committed, and with the sincerity of a penitent offender, he entreats mercy and pardon from him on whose determination rests the fate of an unfortunate man. He solicits the inter- ference of the President to save him from an ignominious death, and to rescue a large, and hitherto happy family, from future misery and ruin. If the prayer of his petition should be granted, he will show, by a future course of good conduct, his gratitude to his offended country by a steady and active support of that excellent Con- stitution and laws, which it has been his misfor- tune to violate and expose.
"(Signed) JOHN FRIES.
"Philadelphia Prison, May, 1800."
To the above petition was attached a recom- mendation, in the following words :
"The subscribers most respectfully recommend
the petitioner to the President of the United States. They are warmly attached to the Con- stitution and laws of their country which they will, on every occasion, and, at every hazard, manifest their zeal to defend and support. But when they reflect on the ignorance, the delusion, and the penitence of the persons involved in the late insurrection, their pity supersedes every vin- dictive sentiment, and they sincerely think that an exercise of mercy will have a more salutary effect than the punishment of the convicts. It is on this ground that the subscribers, knowing the humanity as well as the fortitude of the Pres- ident, venture to claim his attention on the pres- ent awful occasion, in favor of the wretched father of a numerous family."
In this manner was the application for pardon brought officially before the President for his consideration.
At the time of the first conviction of Fries, Mr. Adams was in Massachusetts, on a visit at Quincy. Colonel Pickering and Mr. Wolcott, two of the members of his Cabinet, immediately wrote him the result of the trial, and expressed their satisfaction at the verdict. The latter men- tioned, incidentally, that Mr. Lewis, one of the counsel of the accused, had stated, on all oc- casions during the trial, that the offence which he had committed did not amount to treason. He also stated that Fries, had frequently said, that "persons of greater consequence had been at the bottom of the business." These letters reached Mr. Adams the evening of May 16th, and, the next morning, he answered them. To Mr. Wol- cott he wrote as follows:
"Quincy, May 17, 1799.
"I thank you, sir, for the favor of the IIth, which I received last night. The termination of the trial of Fries, is an important and interest- ing, and an affecting event. I am unable to con- jecture the grounds of Mr. Lewis' opinion and wish I had a sketch of them. Is Fries a native or a foreigner? Is he a man of property and in- dependence, or is he in debt? What has been his previous life ? Industrious or idle, sober or tem- perate?
"It is of importance to discover, if possible, the great man alluded to by Fries, in his observation to Mr. Wood, as at the bottom of the business, and the evidence of any agitation among the in- surgents ought to be collected.
"It is of moment, also, to ascertain whether the insurgents had any regular view, or extensive communications with others of similar disposi- tions in other counties or correspondence with other states. We ought also to inquire whether Fries is the most culpable among the guilty, if that
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HISTORY OF LEHIGH COUNTY, PENNSYLVANIA.
can be known. It highly concerns the people of the United States, and especially the federal gov- ernment, that in the whole progress and ultimate conclusion of this affair, neither humanity be un- necessarily afflicted, nor public justice essentially violated, nor the public safety endangered.
"I have the honor to be, sir, your most obe- dient and humble servant,
"(Signed.)
JOHN ADAMS."
This honest expression of opinion, by Mr. Adams, was not well received by some of the members of his Cabinet, who had marked Fries as victim to federal power, and they were not well pleased at the prospect of his escaping them, a remote chance of which they thought they could see fore-shadowed in the President's let- ter. In the life of John Adams, by his grandson, Charles Francis Adams, volume 1, page 571, the author thus notices this proceeding: "These let- ters were received by the persons to whom they were addressed with some dismay. They did not understand why the President should entertain his own views of the law, after the proper court had adjudicated upon it, and they honestly thought that the public safety required an immediate ex- ample of Fries. 'Painful as the idea of taking the life of a man,' said Pickering, 'I feel a calm and solid satisfaction that an opportunity is now presented, in executing the just sentence of the law, to crush that spirit, which, if not over- thrown and destroyed, may proceed in its career, and overturn the government.' "
Two views were presented when the question of the execution of Fries came up, but the con- flict was postponed for a time, by a new trial being granted.
After the second conviction, and his sentence to death, by Judge Chase, Mr. Adams took the proper measures to inform himself of the probable guilt or innocence of the prisoner, and of such other matters in relation thereto, as would give him a full understanding of the whole case, that he might act justly and fairly in the premises.
There can be no doubt that, at one period, Mr. Adams had determined to let the law take its course, and made up his mind not to interpose the executive clemency. Mr. Hamilton, in his letter on the public conduct of Mr. Adams, states that while the trials were pending he more than once expressed himself to the effect "that the ac- cused must found their hopes of escape, either in their innocence, or in the lenity of the juries ; since from him, in case of conviction, they would have nothing to expect." He further states that a short time before the pardon he declared that the mistaken policy of Washington in regard to the Western Insurrection had been the cause of
the second troubles. Whatever the cause may have been, it is evident his mind had undergone great change, and that he had come to the de- termination to pardon them if he could have jus- tification for doing so. Hence his anxiety to learn the full particulars of the case, independ- ent of the action of the Court and jury.
Soon after the sentence of death, had been pronounced, Thomas Adams, son of the Presi- dent, waited upon Mr. Lewis, one of the counsel of Fries, and told him that his father wished to know the points and authorities upon which he and Mr. Dallas had intended to rely in case they had defended him upon the second trial. The Attorney-General of the United States made a like request, and, at their solicitation, Messrs. Dallas and Lewis made a full statement of the points of the case, which was sent to the Presi- dent on or before May 19th. About this time a change took place in the Cabinet, and the Presi- dent was thus deprived of a portion of his con- stitutional advisers; and when the question again came up there were only three persons to consult with.
On May 20th, he submitted to his Cabinet a series of thirteen questions, which indicated his leaning to the side of clemency. Mr. Wolcott remained firmly of the opinion that all three of the leaders in the insurrection, Fries, Heaney and Getman, should be executed, which was called for to inspire the well-disposed with confidence in the government, and the malevolent with terror. The other ministers believed that the execution of Fries, alone, would be sufficient to show the power of the law to punish evil doers; but rather than that all three should be released, they were in favor of the execution of the whole of them. Mr. Adams appears to have acted upon his own judgment, and took the responsibility of the meas- ure without the concurrence of his cabinet. Hav- ing satisfied his own mind that it was a case in which the executive clemency could be exercised with good effect, and that the great excitement, prevailing in the country, would be much more readily allayed by mercy than the opposite course, he determined to grant an unconditional pardon to all the prisoners. For this purpose he caused to be issued the following :
"PROCLAMATION.
"BY JOHN ADAMS, PRESIDENT OF THE UNITED STATES OF AMERICA.
"Philadelphia, May 23rd.
"Whereas, The late wicked and treasonable in- surrection against the just authorities of the United States, of sundry persons in the counties
209
THE FRIES REBELLION.
of Northampton, Montgomery and Bucks, in the State of Pennsylvania, in the year 1799, having been speedily suppressed without any of the calamities usually attending rebellion, whereupon peace, order and submission to the laws of the United States were restored in the aforesaid counties, and the ignorant, misguided and misin- formed in the counties have returned to a proper sense of their duty; whereby it is become unnec- essary for the public good that any future prose- cutions should be commenced or carried on against any person or persons, by reason of their being concerned in the said insurrection; where- fore be it known, that I, John Adams, President of the United States of America, have granted, and by these presents do grant, a full, free and absolute pardon, to all and every person or per- sons concerned in the said insurrection, except- ing as hereinafter excepted, of all felonies, mis- demeanors and other crimes by them respectively done or committed against the United States; in either of the said counties, before the 12th day of March in the year 1799; excepting and ex- cluding therefrom any person who now stand- eth indicted or convicted of any treason, or other offence against the United States; whereby rem- edying and releasing unto all persons, except as before excepted, all pains and penalties incurred, or supposed to be incurred for, or on account of the premises. Given under my hand and the seal of the United States of America, at the city of Philadelphia, this first day of May, in the year of our Lord Eighteen Hundred, and of the in- dependence of the said United States, the twenty- fourth. (Signed ) JOHN ADAMS."
This proclamation as will be noticed, did not embrace the cases of Fries, Heaney and Getman, already under sentence, and a special pardon was made out for them a few days afterward, which struck the fetters from their limbs and set them free. The biographer of John Adams states that "the Cabinet had been consulted at every step, but nevertheless, when the President ordered the pardons made out the next day, for all the of- fenders, the disaffected members viewed the Act with disappointment, and Mr. Adams was charged with inconsistence, and having been gov- erned by personal motives for the Act. It was said to be a 'fatal concession to his enemies,' as the Act was 'popular in Pennsylvania.' Such was the tone of the disappointed Federalists who saw in it another departure from the policy they would have introduced into the federal govern- ment."
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