Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1809-05-23


exists such an isnme & drill usage, al ~.
( ed for ages. He say, "if It be fou, d a
and allowed for ages" The rx.s enc. f
such an l'nmemor'al usage, allowed k.r
ages, was probably one If The pe,Dc;pai
points which ne wished Ia Investigate
5. He does not affirm that snch custom.
usage, power or practice. could be pleaded
or given in evidence against Magni Char
IA. 1t his Lordship had been allowed time
to Investigate the subject to the bottom. he
perhaps would not have found evideoc. of
any such iminemorial usage allowed TO- a.
ges. he certainy would not have fonnd il
allowed by aay ma ionai act or legal au.ho-
r'ty, and without one or the other, how can
,t De sand to have been allowed Allowed
by whom ? BY those who commured the
trespass, on others. His LUrosnip moreo-
yer might have found, that no custom. u
sage, power or practice could be alleged,
pleaded or gwen II evidence, in any cours
Ut Justice against Magma Charta.
o. All the JUDGES allow that exemptions.
badges and projections against i'm pressmens
have been given by Peers, Commons. Lord
mayors, Lords and officers of the admiral.
~, and as / understand Lord Mansfield, bv
ofhcers OF the navy. Now what loose.
underlined, arbitrary power is this, to ba
legally established as an immemorial usae.
allowed for ages?
z. wonder not that his Lordship dreaded
the discussion of 1t and an investigation OF
1t to the bottom, for he must have foreseen
the endless difficulties of ascertaininy, def
ming and limiting the usages which were
'mmemorial, and distinguished them from
such as were modern, temporary, usurped
and not allowed.
8. The counsel for the city had before OBJ.
served, that the legality of pressing if foun
he.
memorial usage, there being clearly no sta.
tue in force investing the crown with any
such authority.
9. Tne infinite difficulty of determining
VINO we're seamen and who were not, must
be obvious, and all agree that the power 10
confined TO seamen and them only.
Christian, IN ms edition of Blackstone.
vol. l, page 419, says, in note--s' The le..
gality ct pressing is so fully established, that
It will nor now admit of doubt in any court
OF Justice" and in proof of this he quotes
Lord NAiusfieid's opinion in the case of the
king against Tubbs, in the words have a.
bovc transcribed. Whereas / think that
taking all Lord Maasfield says together, he
| makes the subject as doubtful as ever, and
lpcumbered Win innunerable and insepera-
BILE difficulties.
| Upon the whole, all concluded from the
conduct OF the modern Judges and lawyers
ia IhSiauu Is, tnat tne prjoG IN the navy
aas got the better of their sense of law and
Justice, and that court and County LAWYERS,
as well as administration aud opposition,
have been gradually endeavoring to unite
for the last thirty or forty years, IN sacrifi-
eng the principle of justice and law to rea~
sous OF state, by counten.,ncng this branch
OF arbitrary power.-But let them keep
their arbitrary powers at home not prac-
tise them upon Us, our SD ps, or seamen.
JOHN ADAMS.
Quincy, .1lhrit 70, 1909.
To 1Messrs Everett and Monroe, Editors
Of the Boston Patriot.
Gentlemen,
HIS Excellency, Mr.. ADAMS, late Pre-
lsident of the United States, having expresr
sed in the Boston Patriot of yesterday,
desire that would publish copies of my let
ter 70 the Secretary OF State, dated Nam
tasket Road, October /, 1898, and of the let
fers OF NJ. Talleyrand to myself, togsthe-
with his assurances, communicated by me
to the President, in conversation in COM
pliauce with the Presidents request, now
send you the copies referred to, and shall
transmit the " assurances" in time for pub
location.
Your most obedient servant,
Il. GERRY.
Cambridge, 9Th AtrR, 1909.
Extract from the letter of MIR. Gerry, to