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

Erroneous impressions having gone abroad
in regard to some recent decisions of the
Circuit Court of the United States for this
District, and much dissatisfac lion having
neen expressed at them. as setting at naught
the embargo laws. member of the bar,
WHO'S acquainted with all of hem, thinks it
proper, IN the absence of Judge Livingston
who is now on his eastern circuit, to state.
very sum e'arily, the several cases which il
IS SAID nave given so much umbrage. From
them 1t will appear, that the principles on
which the Court proceeded in reversing the
sentences OF the District Court applied to
all Ern0i laws whatever, and not to the
embargo acts exclusively. The Judge has
been applied to for copies ofthese opinions,
which were delivered at some length, for
publication, but as appeals were PRAYED 20
the Supreme Court, he declined furnishing
them tor that purpose--It would be better
and more becoming, therefore, to wait for
decision on these appeals, which cannot be
long IN taking place, than to arraign their
correctness on partial representation of
facts, and without a full opportunity of
knowing on what ground they proceeded.
lhe first case decided was that of tkc
orig Little .4nn. and her cargo.-This was
seizure for violation of the EMBARGO laws
IN which there had been a condemnation of
vessel and cargo. 1t was agreed that the
seizure had been made quithtn the District
Of Rhode Island, and the only question for
the courts consideration was, whether such
a seizure conferred jurisdiction on the Dis.
trlct Court of this District.
Judge Livingston thought, that by the act
establishing the Judicial Courts of the Uni
ted States, cognizance of this cause aoper
tanned exclusively TO the District Court for
the District of Rhode Island, the seizure not
being in this District, nor on the high seas,
and' therefore, supposed that the court be-
low had erred IN holding jurisdiction of it,
and Tor that reason only reversed its sen.
tence.
Inc next was the case of the schooner
hnter1tr1ze, and cargo.-This vessel had
been condemned for loading in the night, &
not under tie inspection OF any revenue Off
ccr' and without a permit from the Collec-
tor and naval officer. 1t was commended that
TINS forfeiture had accrued on fair con-
s'ructioh OF the second sec. of the supple.
mentary embargo act, which passed the
18th OF March, 1908, taken in connection
with the 5Oth sec. of the collection law and
on that ground the condemnation below had
taken place
After very full and able argument Of the
cause by the respective counsels, his honor
Judge Livingston decided, that as the section
OF the law relied on contained no perrnissi
ON to load IN the manner ailedged in the
noel, winch was mode aim St universally
adopted both by Congress and other legisla..
tive assemblies. in creating offences, it was
doubtful whether it were intended to attach
such high penalties; as the forfeiture of pro-
perry, acknowledgements as it respected Of.
hce, and the stigma of being held forth in
the public prints as a contemner of the laws
OF his country, to the mere intention of com .
uniting an offence, which were much greater
than those which were imposed for an actu-
al and open violation of these laws, or whe-
ther any other penalty were in contempla
ton than the Withholding Of clearance. -
But II such intention existed, he did not
think 1t expressed in such plain and inteIli
gible terms as would justify court, without
departing from the rules which applied 20
the construction of penal statutes, in giving
it effect. But the language of this section
was not only Considered very ambiguous, as
1t regarded the offence itself, but sill more
so, as to the penalties which it intended 70
apply to it.
The judge took some pains to show, that
they could not be those which we're annexed
by the 5Oth section of the collection law e
the acts thereby rendered penal. Under SC
much uncertainty, land it was admitted by
the District Attorney, that it was case o.
doubD the Judge thought it most consoDan
TO the mild spirit of Our laws to acquit, anC
| accordingly reversed the sentence rendered
| below
| Although it i not intended to discuss an
OF the points which arose in these causes, o