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To James Iredell

Dear Sir

Your favor enclosing the residue of the examination in the case of Fries I received upon my arrival at this place, the former having come to hand a few days sooner. I know not how to apologize to you for the trouble you have taken upon this occasion; I certainly should not have made the request which produced it, if I could have formed the slightest idea of the labor to which I was about to expose you. I beg you to accept my warmest thanks, and upon similar occasions or otherwise to command my services.

I had very little to do at Trenton; the Court decided one important case in equity tho not finally, and imposed fines upon two penitent speakers of sedition.1

Since the sitting of the Judges at this place, about 25 persons indicted for misdemeanors have withdrawn their pleas and submitted. The trials of the treason cases have been delayed for want of Jurymen & witnesses. On Tuesday next I had hoped to enter upon those cases. I am now overwhelmed with mortification and chagrin at knowing that there is an end to our further proceedings in those as well as other cases. you will be not less astonished than myself at the cause of this extraordinary event. On Friday, the marshall obtained leave of absence for a day or two, and in the evening of that day the clerk suggested to mr Peters and mr Rawle a doubt whether the marshall's commission which expired in June last had been renewed. An express was immediately sent to him; and his answer upon this subject tho' it does not confirm is far from removing our doubts. Yesterday we dispatched another messenger to mr Pickering, and expect this evening to receive the information we want. But should the commission have been made out in time, it is clear that he has not since qualified thereto by giving a new bond and taking the oath which the law requires to be done before entering upon the duties of his office, and if the exercise of his powers be dependent upon the performance of those things, his acts as marshall are void. So, the adjournment of the court hither was a void act and all done here is coram non Judice. At all events, if a doubt only hangs upon the business, I would not for the Universe proceed in the trials of criminal cases, much less would I pass sentence upon any man. This is our present distressful situation, and I have seldom felt myself in a more unpleasant one. Tomorrow, we shall come to some decision upon the subject, and that I expect will be to proceed no further. what will become of the many important acts done by this officer since June I know not. I wish he may not be involved in much trouble.

The returns for Governor are not all come in, but it seems to be agreed by all parties that McKean is elected by a considerable majority.

Should you favor me with a letter, direct to me at Baltimore. with very sincere respect & esteem I am dear Sir Yr mo. ob. Serv.

Bushrod Washington

The circumstances related in this letter respecting the Marshall may as well be<mutilated> in general terms.                                                   

Source Note

NcU: Southern Historical Collection, Hayes Collection. BW addressed the letter to "The Honbl. Judge Iredell / Edenton / North Carolina."

1. These "two penitent speakers of sedition" were Luther Baldwin and John Clark of Essex County, who were fined $150 and $50 respectively. Baldwin's indictment was for saying "The President is a damned rascal, and ought to have his a— kicked," and for wishing one of the cannon charges celebrating Adams' arrival in New Jersey "would pass through his a—." (Philadelphia Gazette [Philadelphia], 8 Oct. 1799 and Annals of Congress, 9th Cong., 2d Sess., 283).