Alexandria gazette & daily advertiser. [volume] (Alexandria [Va.]) 1817-1822, 1817-11-01

prclIdlce, 10 the various arguments which
have been advanced, am persuaded his
investigation will result in the cleares,
conyiCt.on,that slch measure would not
only be safe, brt honorable, not only com
pa;ibie with tae existence, but essential
tn the welfare Of natiuns, equally reuui,-
ed and inlperOusiy demanded oy policy,
humanity and religion.
ANTI BELLUM.
From the Boston Daily advertiser, Octo-
Ter "a.
LAW CASE.
Cremer, rs. HigSiaSOa Z Co The
very important cause, Cremer W. Hig-
gibson g Co. which came on, in the rir-
cui, Court nf the UGited States, on FRI
day the 18th Inst. was concladed ycste'-
day morning, the jury returning a ver-
dict in favor of the defendants.
The magnitude Of the SUN at issue.
and toe reputation Of the parties, tue i'm
portcnce OF the decision 10 the CONNER
cial wosld, and the learnirs and elo-
quence engaged on each side, rendered
this case very Interesting to the cOmmu-
nifty. The seton was brought on a let
ter If guaranty, written by the daten-
dlnts to the plaintiff, in fa,or Of Stephen
HigginsOn, Jr. and Henry Hisginson,
then copariners, by which they consent
TO become responsible fur the credit Of :.
ii. ir. and fl. II. to the amount OF
s $4,000. The principal point OF de-
icuce were, that it mas d guaranty for Que
S $1,000 only, and therefore a, soon as
that cum was advanced, and reimbursed
by remittances, the guaIantors were dis
charged from their obligation. I'll. That
there was al alteration Of the contract,
Tor the suarantogs were bound only Tor
the firm OF s. II. jr. and II. Il, and it was
proved that the partnership was d.S'OlV-
ed and that the plaintiffs knew it before
advances were made on the letter, aud
had afterwards given credit to either OF
them in separate capacity, even thoosh he
relied on the guaranty, still in Law the
defendants were discharged. Aad last
ly, That the laches Of The plaintiffs in
giving notice to the defendants that they
considered them as bcunG BY the letter.
was in :tsel!, should all the other grounds
fail, sufficient to discharge the guaraatO:s.
These points were very ably supported
by Messrs. Hubbard and Prescott. On
the other side Mcssrs, &. Bike 4 Web.
stcr, with mach eloquence and ingenul-
", conIended that the letter Of guaranty
was a continuing security for any amolnt
within that sum, and though there should
be continued advances &reimhursements,
.ti!l il i balance retained due to the
p'aintilfs and those whose credit was
guaranteed should fail 10 pay il, The yaa-
renters wcu,d be Liable CT their letter
tie advances aere indubisably made on
The footing OF the guaranty, and the PLAIN
ltis ought lot To suIler for confidence re-
posed upon it (; and further that the part
nership was ucyer ia fact dissolved as it
regarded the Transaction for which the
credit was given, the advances were
made fer the benefit Of both the part
ners, :. Il. jr. and h. II. and, therefore,
he contract was not altered, nor were
the suaraniors discharged; bit it the
court should not consider this a continu-
ing guaranty, sill! there was large ba-
lance due tie Cremers on the first adj
vance of $4,000 which had never been
reimbursed, which sum would clearly
come within the guaranty. On the point
Of notice, Mr.. " cbsler cOnteRded that it
was sufficient for the plaintiffs, Oh recei,-
ing the letter Ut guaranty, 10 consent to
make tie advances on that security, ard
To give notice of that fact to the guaran.
tors, and considering the situation OF the
two countries, all the intervening time,
when communication was s0 extremely
difficult, he should not think the court
nor jury would continue the delay in
giving further notice into such gross ne
elect as to defeat the present action -
The charge by judge Story was very able
and perSpicuOus, aud the law was laid
down in favor of the defendants on each
point with = precision that could not be
mistaken. II would be imp' ssIbie to
convex to the minds of our readers In this
sketch the other points which were made
in the cause; those We have noticed were
those OF which the Cause principally turn
ed. 1t would be much more Impossible
10 convey the powerful manner with
which the counsel enforced their learned
aud ingenious arguments. Mr., Prescott
aud Mr. Webster, in closing, each occu-
pied six hours, aud tue time was vel &C.
cupled, lor there was great body OF
testimony minute!y examined and tuiiy
,,A rI,,rlv cnu,npntrt MI.