The enquirer. [volume] (Richmond, Va.) 1804-1815, 1813-12-16

some OF the arguments which reduced him
TO silence, when he thought proper to lay i
before congress. The solemn debates which
II then excited, are still present to oar re
collection. I'VE shall not here reproach MIR.
Livingston with the maneuvres which he
used to secure the triumph of case which
IN any other country, even in England,
would have exposed him to an action for
cbamperty, from the attorney general. We
shall content ourselves with observing that
it is really astonishing that after having
himself laid the case before the representa-
uyes of the nation, he should have declined
to submit it To their decision. Indeed, at
the hrst view, one would be led to believe,
that he feared the effects of their ignorance
or ct their injustice. But although that ecu
sequence appear vigorously correct, Cod tor
BID that we shhuid admit Mr.. livingston
did ever entertain such IN opinion OF the ma
jofity of Congress; and if tie unfortunate GU
pdity by Which he is actuated, and which
IN tins Circumstance stiles al sentiments OF
decency and justice, Could for moment al
low MIN 20 be Candid, I've could noe a soid
aVo%ing that he much less suspected the
learning and Justice. OF congress, than he
cared the imparuaiity OF tie decision which
inst body were on the point of rendering
indeed. after Messrs. Randolph. Dana, Shelf
icy and few other lawyers, with which
consress IS always infected, had displayed
All the resources Of their eioquence. and all
The subtieties OF their profession, in favor of
CauSe SO unjust and so unpopular; after
they had Repeatedly, and always without
success, made use OF all tue little strata
gems which the minority have recourse to
towards The close Of. si.tipgs, congress rem
dered decree. which really pTeiadged tar
merits II the question, and ordered that
| special coauittee should make report ON
the case, by taking as the BASIS of their OBI
mon, the ordinances Of the kings Of France
and ',.'ain, as well rs the provisions Of the
civil Jaw, WHICH could apply to the case :;
so that. as 1t has been Clearly shewn thar
| hes different systems Of leg E at o. DESTROY =.
ed ali the professions Of MIR. Livingston. Il
may safely be asserted, that congress, bv
that preparatory decree, really decided the
Csc 90 the Batture i'll favor of the public
Mr.. LlVinS3tcn himself was then so convinc
ca OF tins truth, and he foresaw so we'll, in
mat provision, the ruin of all his hopes. that
ne Immediately withdrew his documents in
ORDER to escape the unavoidable conseOuen-
ices OF that first decree. 5ut he was rot
Encouraged by that want of Success. and h,
uia i'o' even express any as;onishmeutat il
nc ieir NAT private interest, and motives If
friendship and family relations, could not
nave on large assembly, tho same Influence
which might be expected Of them. in annIy-
irg to body much less uumcrous, ant; fl..c,,
easier 10 crcumvent. lie, therefore, could
natter himself the' the support and credit
/ el MS tanIily, which Counted one OF It's mem
oers among the Judges OF the supreme court
OF the United States, might procure to his
case more favorable reception on the part
| OF the tribunals of the general government.
anc that he should at last succeed, by con
ccreihS new system of chicane ~ which
Sc
by forms, in converting his unjust and re-
voting professions into a title which would
near all tie features of legality. lie was
rot deceived, and il may be Confessed that
IN TIA; Juncture, his sagacity was at leas;
eqnai t. his perseverance,. But few persons
mere suspected the motive Of Mr. Living
sion Te.iceHce at New York. IL was pc
neraiIy thought that after the i'll success of
ms applications to congress he was totally
ui7guSted with TIE Batture and with New
Orleans
Spch then was the general opinion enter
tanned here OF him. But how great was our
SurPTNF' When, after period of nearly 2
years, We saw him back among us. to Make
himself acknowledged, ~ the district court
as cltlzen OK New York, in order TO build
upon THAI new qualification, Il suit giving
hIni as citizen OF another state, the right
to form possess1ry action against the re-
preventative OF the PreSid mt, for HAVING
beef! unjustiY troubled il the possession Of
tAe batture. a jury declared, thai Mr..
Livingston although he was practisine at
the bar OF New-Orleans, was really citi
zen or New York. We must regret that
the members Of that jury were not eudow
ed with presciehce, for, we are inclined 20
oeneve, that they should have so consulted
their honor, as not to render such a verdict
ConId they nave been certain that few
months after, Mr.. Livingston would have
inhuence enough in the elections made AT
me convention to be presented as a candi-
uate Tor laying our newly adopted consti.u-
ton before Congress.-It nevertheless re
NAMED evident (ior what men.haye agreed
to cali justice IS sometimes not so concordant
"ith truth and Common sense,) that MIR.
Livingston was really a citizen of New
York.
The new citizen Of New-York took Che
best advantage of this first success. The
political crises in which the territory nj
Orleans, which had Just then been erected
into state, found itself, furnished him tn,.
means ct insinuatlng himself into the int
macy OF the most prominent characters Of
me country, and TO barter the influence of
ms family and friends for the credit AVID
consideration which those persons enioyed
mere. by means of this circumstantiaI Don.
uiaTity, Mr. Livingston prepared the niinds
70 the resuscitation Of his pretensions upon
the l}atture. He succeeded IN convincinr
Nr' lie Breton Dorgenois, tie late marshal,