American watchman and Delaware advertiser. [volume] (Wilmington, Del.) 1822-1828, 1822-05-21
AUCTION ELOQUENCE.

We mentioned yesterday that at Auctioneer had
been indicted for and convicted Of fraud, in sell
ling composition watch, falsely pretending that it
was oil great value, and sold for the benefit of dis
tressed Sea Cattain, 7Uho 7vas in jail. The follow
ing remarks by Judge Quincy on the case, give a
Just idea of the duties Of Auctioneers. As licensed
persons, we know very well that there has been a
prevalent idea, that they need not in their tultlit
"teN truth and shame The devi" but authorised
to tell thing nor the ruth, and the more dex
ferrous they at the art, the they were &C.
|complished.--In the amount at stake, this was
paltry affair. The principle, however, is OF the ut
most importance and the opinion OF the Judge is
|unquestionably sound.-Bah. Pat.
sThe Court have reduced your punishment to the
least possible within its discretion. 1t has done
this, not from any opinion thatyour offence was OF
light character, but partly out of respect TO the
recommendation Of the Jury, and partly on accoun
of strange opinion that seems to prevail, in some
circles in relation to persons in your profession II
the exercise of their profession, some auctioneer.
seem to consider that any representations concern
ing the article they have for sale, however false OF
Exaggerated, are lustihabe-But men of every class
ought TO know that the duties of no profession ex
empt men from the obligations Of truth and fail
dealing. An auctioneer, who, as in your case, shall
utter, knowingly, false affirmation, make de
signedy false pretence, concerning any article HI
has for sale, and thereby effects sale Of it, expo
SEES himself to an indictment; and such false aifir
nation, or pretence, must be left to the Jury Il
decide, under the Circumstance of the case, Whethe
| it was done with intent to cheat and defraud. II
case such shall be the verdict, an auctoneer, lik
any other person, is obnoxious to the penalties o
the statute, which are very severe, extending to
i fine of four hundred dollars, and sending for seve
years the States Prison. For the reasons, alread
stated, the court have selected, in your case, til
least penalty within its discretion. But should an
lease of similar character come udcially unde
Its anmadversion, the court will deem itself boGn
to inHict punishment more conformabe to tn
spirit of the statute, and to the enormy Of the of
Fence
4 BY letter from Mr. RUSSELL, on. orr negoti
atoms at Ghen lately published, it is fully estab
lished that majority of our mission on that occs
sion offered to agree to article permitting to tn
British the navigation Of the Mississippi, in retur
for their yielding to the right of fishing With
their territories. This ma ority, it rs now fell
lcon6rmed, consisted Of Mr. GALLATIN, Mr.. ADAM
: and Mr.. BAYARD. The min orty, consisting
Il Mr.. CLAY ard MIR. RUSSELL, opposed the articl
1.-THE British commissioners declined accepting
: Mr. RUSSELL vindcates at length the reason
: the minority and Mr.. ADAMS has taken up h
pen in behalf of himself and his colleagues to adv
e cate the majority in the negotiation. If the con
{ municaton of the President should lead to a col
Itroversy on the merits of this business, we cann
perceive that it would do any great harm, tn
i the Presidents "usual discretion" is, as the Was
lington Gazette lntimates, questionable in laying b
j. fore congress documents so important No gre
harm will be done, if the country should be enable
to dive little into ambassadorial Secrets since II
subject is deeply interesting one, and may possib
+ recur again at some future time-FranE Gaz.