The enquirer. [volume] (Richmond, Va.) 1804-1815, 1809-11-14
aDn,ueGttt.
FROM THE INDEPENDENT CHRONICLES.

FROM THE fHDEpENpENT CHRONICLE.
Extract Of letter .frem gentleman IN
| TIE county Of Barnstabie, 10 his .friend
| in Boston, dated Oct. 25th, 1909.
! DEAR SIR-1'his has been an instruct
i've week. The trial of two embargo SNUG
Cling cases have interested the whole coun-
~. The first was the case of David Scud
der and Joseph Gage against Johu Freeman
and John Chipman, inspectors of the reve-
nue., for OBTAINING the schooner Elizabeth
and her cargo Of -four, by ordar Of the col
lector. The other was the case of limo
thy Crcweil, and others, against Mr.. Otis,
the. collector, for OBTAINING the, schooner
Hornet and her cargo of fish. Each trial
occupied whole day. The cases were argu
ed by Messrs, Sprout and Whitman for the
Plaintiffs, and by Messrs. ,Bidwell and Blake
for the Defendants. The Juries were conf
posed, it was said, of about an equal mum
Der of republicans and fcderalists. Judge
| Thatcher was the presiding Judge. Mr..
| Whitman acclaimed whole hours, in the
usual anti embargo strain; in the course of
which, he described the embargo laws as
unconstitutional, wanton. oppressive, tyran
meal, intolerable, &c. and represented the
people as deprived of their Liberties, des-
| poiled of all their rights, but that of breath
ing, AID grooming under oppression too Sc
we're to be borne; with much more of I. at
kind OF stuff. 1t was replied, that the laws
IN Question were not rcpugnant TO any pro
fvision in the constitution that they were ST
milar in principle to ether laws, which had
been approved of by all parties; and that
tie constitutional question had been long set
| tied, after solid argument in the proper court,
tthat OF the United States AS TO the expe-
diency: of those laws, that had been demon
strated to this country, and to the world. by
events which had occurred in our foreign
relations. Besides, it was not question for
the consideration of the Court or Jurv--The
bushes OF the Judiciary was to decide what
the laws are, not what they ought or ought
not to be. The business Of legislation being
entrusted to another department., it would
be extra judicial for the court to determine.
and therefore, impairment for the council 70
discuss the question whether these laws
were wise and necessary or not In answer to
the opprobrious terms used respecting those
laws. It was observed, that such language,
by whatever examples it nigh have been
sanctioned, was inconsistent with a due res
pect for the constituted authorities, caicula-
ted to xcite popular discomfort, to proiaote
sentiments and habits of INSTRUMENTATION :;
thatit was in short, seditious, disorganizing
and iii urrectional; the same, in spirit and
tendency, as that which was used bv Shays
and his associates, in 1886; in consequence
OF which, the government Of Massachusetts
was for time brought into popular odium
and contempt, the execution of the laws and
the administration Of justice impedcd, and
a large portion of inConsidcrate people excl
ted TO actual insurrection-that such Ian.
guage was improper in any place. and eSpe-
ciaily In Court of justice--Thc. arts and
practices of the smugglers were detected
and exposed. In Scudler and Gage CASE.
1T was proved that it was the manifest and
even protested inteDtion'to break the embar
| go laws, so that 1t was the duty of the col
| leCtor TO detain their vessel: And in Crow
elis case, 1T was proved, that there was
| similar intention, and that, after the seizure,
| the vessel and cargo were rescued out IF The
| custody of the officers of the revenue, by an
armed bandtti, in disguise, By the procure
ment OF the owners, one Of whom backen-
| ed like negro, was principal actor in the
scene. The Judge summed up the evidence,
explained the law, and told the Jures there
was no constitutional doubt or difficulty -
The Juries i'll both cases, found verdicts in
! favor of the defendants. The rescue of the
seized vessel and cargo excited every poist-
ed indignation. Mr.. Blake contended. and
| the Attorney General supported him i'm the
opinion, that 1T amounted not merely to
riot, but to robbery, or at least larceny
he idea at first appears strange, that the
owners should be guilty of stealing their
| own property but understand it is set
tied principle of law, that where goods are
in custody, by seizure or bailmcnt, in such
manner, that the baiee is responsible for
them, it the owner takes them away, it is
larceny; and if done by violence and put
ting in fear, it is robbery AS the evidence
OF the fact is already strong, and almost eve
ny day, by disclosing some new circumstance,
strengthens the proof, it is thought, that
some of these rescuers will eventually be
convicted and sent to the State Prison One
or two examples of this kind may be saluta-
ry.
TRENTov. Nov. 6--On Thursday last John
ConGit, esq. was elected Senator of the u s.
from New. Jersey.
On Friday last detachment o. about 100
United States troops under {. l. Simonds. PISS
sed through this place OH their way to Carlisle.
Pennsylvania.
PHILADELPHIA, Nov. s. line Of Tel
egraphs has lately been established on the
River Delaware. fron Reedy Island to thi.
city, under the patronage of the Chamber
OF CoWmerce, aud the merchants generally
The first communication was made yester
day, Announcing the arrival Of the ship Fan
ny. Captain mattit, from Lisbon she sail!
ed from Lisbon the 4th of October We ha -
.receivef papers of that place of the ID aad
3D. Oetbut they do not contain q single ar.