Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1826-12-01
FEDERAL COURT.

l
! RALEIGH, Nov. 81. This Court adjourned
on Saturday morning last, after a session OF six
days, being the longest term which it was held for
many years. The interesting suit, brought by the
Rev. Jonathan Whitaker, formerly of New
Bedford, Massachusetts, against the Rev. Fred.
er'ck Freeman, now of Plymouth. in the same
State, tor defamation, which has so long been upon
the docket, was commenced on Tuesday, the 18th
| Instant and terminated at late hour on the night
OF the Friday following. Counsel for the Plaintiff,
William CASTOR, Fsq.-for the Defendant, Geo
+. Badger and Henry Seawell, Esqrs. A large
mass OF testimony was read on both Sides No
proof OF the truth of any of the allegations con-
tanned in the libel was made out by the testimony
on the part OF the Defendant. II appeared in evil
dence that the Plaintiff had been the object of
persecution in Massachusetts, on account Of his po-
Utica! and regious> opinions, which he expressed
and asserted with great freedom and warmth; but
that his standing, a clergyman, was respectable,
and that he had maintained unimpeache abs
character for integriey and morality. On Satur.
day morning, the Jury returned a verdict for the
plaintiff, assessing his damages to 1900 dollars and
costs OF suit. Upon the trial it appeared that
there was variation between the words used in
the original Libel and the Declaration which set
forth the charges; which variation gave rise to a
ega! question to be decided by the Judge, (who
was. by the urgency OF his engagements else
where compelled TO leave the city before he had
decided the question } and the verdict of the jury
is subject TO that decision. The cause was mana
ged with uncommon ability by the Counsel for
both parties, and never did we listen to fiaer dis
plays OF legal knowledge and eloquence.
Immediately alter the disposal OF the foregoing
case the suit brought by the same Plaintiff against
The Rev. DR.. .n'Pheeters and Judge Henry
Potter. for sending copy of the above mentioned
deianatory letter 10 Fayetteville, was settled by
an am;cable reference TReei,ter
AT the superior Court OF Rockingham County,
held last week, the suit Of Sarah Linden versa.
John Martin, tor breach OF promise of marriage.
occupied the Court 'tno days, and resulted in a
verdict for the plaintiff OF three thousand five
hundred dollars. Bartlett aud Yancey and Tur-
ner Morehead, Esquires, counsel for Plaintiff
John Morehesd aud Thomas Settle, Es1uires for
Defendant. TRoLeigh Rec.
From snoticei in the National Intelligencer some
weeks since, we learned that certain officers of the
Militia WIRE posting from different quarters 10
Washington, for ths purpose of forming board
ard diges,iDg system OF military discipline
Now, we heartily rejoice at all attempts towards
the improvement OF the militia, but much as " e
value It's discipline and efficiency, We have a
stronger regard for the Constitution, and that in
strument ii mistake not, places the purse strings
in the hands OF Congress and not of the Secretary
at War. plain person might imagine ila; this
convocaion OF officers, requiring for their airport
and services the payment of sum of money Iii
matters not as TO the principle whether The amount
be large or small) was authorized by the law of
the land, but this suppos;iion would be very erro-
neous TOR upon investigation will be found that
the whole proceeding is without Latc, and insti-
tuted solely by the will and discretion of the Sc
cre;ary OF the Department of War. The Fiat of
this Executive officer creates the Board--convenes
its members-sppropristes money and actually
disburses IL for their maintenance. WHY, what
more could Nicholas or Ferdinand do? Let the
perverse Spanard, que his fears Of Constitution
its ~ DIVISIONS with little management may be ca
silly evaded. The result Of the Iabojs of this Mi
ltary Board will doubtless be placed before Con-
gress, and they will be called upon to sanction this
conduct OF the Executive e. conduct which we
should call extraordinary, did not every day fur
ish similar instances.
tAug COnstitufionaiist.
The old republicans voted against Clinton on
old party grounds, the Adams men voted against
him from conviction that he was unfrendly to
the gener al administration, and the Jackson men
voted against him for fear that he was first for
himself; so he had all interests opposed to him
As to what the Wing guesses, relative to this
state being for Adams, take the result Of the late
Congressional election text There are ttoenty
members decidedly opposed 10 his reelection /;
eight decidedly in his favour; but friendly TO Mr.
Clinton and also opposed TO Mr.. Adams, and two
doubtful. Tie fair estimate, without airy que ssng
is, that t,ceufy-sir will vote against Mr.. Adams
should the question unfortunately be again submitted
to Congress. NJ Y. Eng.
The volume Of Euiogies on The deceass Of Ad-
ans and Jefferson to be published bv Norton and