The enquirer. [volume] (Richmond, Va.) 1804-1815, 1810-09-25

TO vindicate the judgements OF the Circuit
Court, the correctness of which must be de-
termired elsewhere. it may be permitted co
the gentleman who gives this statement To
the public. TO remark, tina, Mr. Gallatin en-
tertained the same doubts about this very
awkward section that he stated them to a
committee OF Congress, and that afterwards
II was bought necessary by the enforcing
act. e1fressfyto prohibit loading vessels in
tins way. but under regulations and restric
mons, which, tobe understood required no re
terence 10 any other laws
The third case is that of the shin Cotton
Planter. in which cause the only question
was. whether vessel sailing for foreign
port under a regular clearance from the col
lector OF the port of st. Mary, after the pas =
sing OF the act laying an embargo, but be-
fore It was known 70 the owner or capt aims. or
to any other person at that port, and previ-
Gus toits receipt and, PRONUNCIATION BY the
collector there, worked forfeiture of the
vessel.
His honor Judge Livingston. Being sa.ish
Ell OF the fact. was OF opinion, which deri-
yea support not only from the practice Of
the British Government, but from that of
our own, particularly in laws relating to
trade, that as the embargo act contained no
express provision as to the time of its com
mencement, as it appeared that this law had
not been received at the custom house of ST.
Mary or promulgated there by the collector.
or IN any other way made known to the in
habi'ants or to the appellant, before the
clearing and sailing of the Cotton Planter,
and as therefore there had been no oppor-
tunity afforded him ofobtaiDing any know
ledge oft. his conduct must be considered
as innocent, and as not drawing after it a
a = hot No., g.. n
perry to be restored and reversed the sen
tence of the district court.
The last case was that of the BRIG Will
am Gray, This was a libel for going to a
Iore'gn port IN violation of the embargo laws.
Inc defence was, that the real VOYAGE was
from Alexandria to Boston, but. that by
storms, tempests, stress Of weather and ne
cessity, the vessel was driven from the
course OF her voyage and forced to proceed
Tor Antigua for her own preservatIon and
that OF the cargo, and Of the lives of the
crew. These facts being fully established
IN the opinion of the Judge he thought. and
assigned his reasons ut considerable length,
that they amounted TO a compile e defence.
and that no foi fixture under such circum
stance had been incurred, and therefore
made the same decree as in the other ca
ses
The Judge expressly dsclamed any in
tention or desire of interfering with the
province of the Secretary of the Treasury.
whom the mitigation of penalties and
torfeitures belonged--But the cases refer
red to that department, suppose penalty or
forfeiture 10 have been incurred. In the
causes decided and of which very short
ske'ch is given above, the court thought
the matters allt edged by the appellants er.
cused The harfies from all gull. and of
course from the forfeitures which were
claimed against them.--INer. .Ad1.
WAsHINarow, Sept 10
The elections for members ofthe Twelfth Con
gress, have taken place in six states, VIZ New
Hampshire, Rhode Island, Vermont, New orb,
North Carolina and Kentucky From the exul
tation which marks the tone ofthe federal prints
on account Of the reelection of the federal can
didates in Rhode Island and New Hampshire
one would suppose they had achieved some nigh.
tty victory that the seed they had sown had fall.
len on good ground, and they were about TO reap
the harvest of their labors. A glance at the facts
might check their ardor, by showing them how
much their relative weight in the political scale
has diminished. The following statement will
exhibit these facts In the present Congress the
representation from those states stands as fol-
laws -