The enquirer. [volume] (Richmond, Va.) 1804-1815, 1812-05-01
A NEVV PANlpHLEr.

leans, as,s,as. the Abrasion qt Edsp.ra Liviags-
tTeparea -Jor the use 81 onasel, 81
THOMAS JEFFERSON. .AeSo lorl, Published
by Ezra Sargent, 1872 50 pages.
we have bee" favored with copy of the above in
telesung work, Just ISSUED frosu the ness-and so
highly are pi,ase, With It's contents, that pro-
pose to lay brief Sketch o; ,em, with certain In
tracts, before our readers. We DO aspire TO the
fask OF a Reviewer; yet, il any confidence is to be
Paced IA the op.nion OF professional gcntcmen, who
occnpy the first seats the bar OF Airgina, the
work before us is impersiable moS,Inent "a. the
talents OF its ustrions author; st place him
rs high IN the ranks law, his services have p.ae
ell him in the world OF po.iicianslt explains an..
exhausts the subiect.
Various considerations have given considerable in
terest To the OF the Da,ture ut Sew-Orleans-
the name OF Mr.. Jefferson; and his services to
ms country; the ennity which has pursued him; and
the viruierce OF party spirit have drawn or directed
every eye towards it. his enemies had been pleased
with the reflection that it would aIo,d them new
subject OF abuse aud they have accordingly painted
his conduct in the most extrayagaut coors, repre-
seuting IT as tyrannca Oppressive. overlapping all
those rainparts which the Constitution and law had
erected for the safety of the citizen-The elected
individual himself was not OF character 20 sleep
yer his I" sreis in peace. Stripped of his igotten
prey, the wolf makes every hamet ring with the eff
tusions of his rage Mr.. Lvingstoni is man OF TIA
Tents; he welds his tongue aud his pen with equal
ease; and both OF them have been welded in the
present attack. But the jayetn falls harmless to- the
ground 1t is not 's teiunt ,n6elfe = but it is
sine ict;.- The shield OF his adversary deies the
biow.-So l,r. from Welding to the stroke, Mr. JEFF
;ferson becomes in his turn the assaiant. And in the
pamphlet, now be;erc us, he not only wipes of
all the charges which the Industrious malice Of his
enemies had hcaped upon himself; but has fixed up
on Edward Livingston the characters of Intruder,
purchaser of false titles a dstirber and an enemy
OF the public peace. iusead OF suffering wrong, the
paintive plaintiff is proven to have done it. -.
The circumstances, which gave rise to the contro-
vers,, most probably within the memory of eve
ry reader IT is only necessary say: that Mr.. l..
sued MIR. j. in the Federal Court OF this district tor
histtH M
tl,at the eestg eaiIe on in December last, before
Judges Marshaii and lyer, the point Of iurisic-
ton; aud thst both the Judges decided thispoint
gainst the plaintiff. Their opinions published
in the Enquirer of tn i9th of that month. I'm tho
following Preface. Slr J assigns the reasons mich
Induced him draft well publish the COMPOST
ton before ,,s:
PREFACE. .,.. e-
EGsoard Li0iaSstoa. Of the territory of OrleanS
having taken possession OF tire beach of the riveA
Mssisipi adjacent to the city of New Orleans, in
defiance OF the general right o. The nation the pro-
perry and OF tle beaches aud beds of theirrvers,
it became Hly duty, charged with the preservation
OF the public property, to remove the Intrusion, and
to maintain TIE citizens OF the United States in their
right to enipmon use OF that beach. Instead of
viewing this public act, and having recourse
those proceedings winch regularly provided for
conflicting claims between the public and mdivi-
du2. he chose 10 eonsitert private trespass
coplntted on his freehold, hy-nysef personally, and
instituted against me, after my retirement from of
fee action OF trespass in the circuit OF the
United States for the district Of Virginia
Being requested by my Counsel to furnish them
with statement OF the facts of the case, we'll
OF my own ideas OF the questions of right proceed
ed TO make such statement, fully as to Facts, but
briefly and generally to the questions of right. In
the progress of the work, however, found myse..
drawn nsensbly irto details, and finally concluded
meet the questions generally which the woal
present, an,l TO expose the weakness OF the Plaintiff
pretensons, in addition to thr strength, OF the public
right. These questions of course to arise under
the laws of the territory of Orleans composed OF tine
The Eren nd he vi
written in those languages The books containing
them so rare In this country scarcely to bl
found in the best itraished libraries Having more
time than Counsel, consistently with their lutte,
10 others, could bestow researches much out ~
the ordinary line, thought self boid tn faciitat,
them abours, and furnish them with such mateli
ais as ! could collect y'd it by full extracts from
the several authorities, And in languages which
they originally @ritten, that they might Judge
for themselves wh8h'er had msnterprf ted them
These materials VI topics eypr in the techni
cat style of the Efv, familiar 10 ti,cn they were OF
course or<ot to nse according the dictates
of their own b?ter Judgment If used, it would e
with the benyht ct being delivered in form better
Suited to ttef'nbic ear. passed over the question
o: jlnistjbn, because that of ordinary oc-
currenc. and IFS limitations well aseel.taiped On
t'ls, event, The case was dismissed the court be-
ing oioinnion they could not decide question of IL
lie tcfands not within their district My wish had
rathf been for full mvt stigston Of the merits IT
the FAR, that the public might learn, in that way,
thatthcT servants had done nothing but what the
.lawS, authorized and required them to do Pre-
clnfd now from this mode Of Justification, | adopt
tat 0f publishing what meant originally for the
PIRATE eye OF counsel The apology for it's general
cohpexion, more formal tlrn popular must br
fotnd as well in the character ofthe question, as in
tk views with which is d:ss;. had ..,,, ,,r,.,,.r
ed Ehcnccrssty indeed of continuing the elaborot.
qhotaions is strengthened il, the case of ordinary
Teases who are supposed to have st less opportu-
Ihty.o turning TO the authorities from which these
y ar taecD.
4 The questions arising. being many and independ.
snt o, each other, admitted mcthodica and In,
\ fninOus arrangement. Proceeding, therefore in n
Nconrsc OF narrative, lave met and discussed the
Soints of law in the order in which events 81,
Sem tius securing, as we 90 along the ground we
is over, and leaving nothing adversary or doubtfpl
,Snd. Hence the mixture of fact aud Law which
y4c observed through the whose.
TT Selers Tor the facts are regularly REFERRED TO-
~ SSarc principally, 1. AGlavits taken and pnb-
- X the part oi the plaintiff and of the CITY Of
o D.; Nans, Vew deeply interested in this oueslinn
',s NSiatere ts by the couns ell on each side mn,
''..c'N by the'ther, of facts under tleiI. io, b
-, .'i r.N khowiIge. g. Records j. Notsr;,I
avs, anu D. Acters atI reports of n,l,;c c,,c:
FeI OF ne 10, XSiioe oil nc department Of state
,. rac;ng the I In, Page "a small engraving. rem
Map and the Beach or Bate c,' on tai on S
vey' Thus, the eye takes in : o 80, i sur
o. the Mississippi, the evet and ,h .',o
Livingston attempted 10 erect NC nntlo '',oi'
Iorh'eTiY put up to dyke ont tlt.ano 80; &c :, e
river thc public road on the a,;, f , " S
zee, the Fauxbourg Suburb of ~ S " .
ing tIe road, and IN the rea. of ~; St y, e ~
1antauon o Oravier, 90 rs an appenlot ~ ~ S
me road and beach arc claimed 10 "' ~ "iie"