Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1840-06-30

| or Tho agreements contained In II. ons Ia founded on
fact, as will be seen on comparing II with the following
statement Of what really occurred:
On Mcndav morning, the lcth ultirnn, rs Mr.. TrIsi
.r,s about Ia i,ayr his lodgings for the Capitol, he was
wai,rd-upon by the Deputy Marshal viii, a warrant for
his arrest, IN an action of ircSpass on the cast, based
unou an affidavit Of Captain Wendell, 50 cunningly
bicnding matters fact with matters OF law, as almost
"a prccluIc the possibility OF lis becoming the ground
Ear = conviction for perjury. Upon pcrusing this no.
table specimen Of attorney craft, Mr.. Irlst formed the
resolution to bring instantly TO the test, the important
constitutional! and legal principles involved in such
an arrest Of an American freeman; anu IN that deter
mination proceeded to the Marslals Office, expecting
in pursuance of il, to 20 10 jail. There, however, he
learned that owing 10 the defective state of the law in
The District Of Columbia, IAN old Maryland law no
longer in force in that State his purpose could not
he effected without n waste of time which he could not
afford, As the only alternative, he departed from it
81 far as TO SRA an appearance bond, and then went
has way 10 the Capitol on the business that called him
there, which was entered upon in less than an hour al
Ter he had first seen The deputy Marshal.
In the REGARD 10 the occurrence at Havana, Govern
mcnt are now in possession Of the most conclusive
proofs. and it NAV now, therefore, be spoken of, 1t
took place in the month Of July, ISIS. BY a singular
coincidence, the proceedings of IN" l. States Circuit
Court in Massachusetts, presented at the same period OF
the same year, Il parallel case, which was thus noticed
IN our papers:
"Capl. John u. Vim, Of Salem, VIII" was convicted several
months since, Of cruelty and mahcioh-ly iinpr>"nImg the first
,n,,r al tEe slim Eliza, ii sea. wa brought before the L. States
@ "m COM, 90" an SATURDAY 10 receive sentence. Jude story, after
addressing some remarks 10 The prisoner IN me MAGNITUDE" Of ~
crime, sentenced HIM 10 three months Imprisonment IN Tie com
mon JAIL"
The basis OF the Wendell case was the same, except
that ii took place, not ''at sea, : but in the harbor of Ha-
vana, under the tropic, at midsummer, the yellow fever
/ raging all round, and was aggravated by circumstances
of unsurpassed b%arbarty.
The in jurcd party, who was the mate of Captain Wen.
dells vessel, applied TO the Consul Tor protection, and
received il. lie had u wife and children dependent
upon him, and could not afford 10 throw away his time
money he had not in going TO law. To be rescued
from the tyranny Of his COMMANDER, was all he asked.
1t was asccrtainrd that by the shipping articles he was
entitled To his discharge. This was demanded by the
Consul. The master refused. The Amer can ineF-
chant lone OF the first order Of American mcrchantsl
To whom he had been consigned by his owners, urged
him 10 comply. But he chose 10 governed by other
advisers. His natural disposition, aggravated ny un'
bounded indulgence in drink, (Which was matter OF ahSo-
lutte notorjcty throughout The port, on the quay, in The
coffee. houses and the counting houscS,) rendered hun a
fit subject to be made i tool of As such, he was seized
upon hv 4 contcdcTaCy, consisting OF some haIt dozen
characters, who for wears had made public boast oi Their
determination TO oct the Consu! removed from Once,
and for years had notoriously been interchangeable III the
most reckless Vaccinations TO get up excitement and
clamor against HIM.
The Consul. after cxllaustin~ every means to avoid
the necessity, appealed, III behalf OF the male, 10 the
judicial authority of the country: and thus was the case
brought 10 their notice. Adccrce issued, requiring the
discharge Of the mate, the surrender Of his clothes, ana
the payment Of his waves before the Consul, according
10 American Law. Tie captain "bcy"d his Ins:'ga'oFs
b. refusing compliance. \ week elapsed, a second de-
cree issued, presenting 10 HIM the alternative OF rom
( plioncr or imprisonuent. Under the same mS'iTation,
and, as was notorious, for the express purpose "i beng
taken to jail, in order that the clamor, which WAS ready
attuncd, might be raised, he persisted IN bidding den
ancc To law, as well as reason. He was taken 10 pri-
son; and this glorious fulf!ment was celebrated by a
caronsc, wiiereat all were welcome who would come
and drink ~perdition to the Consul, who had thus IRE.
~yocally sealed his own doom. AT the same time 'hal
the decree issued in favor OF the mate, 4 judicial tnQui-
~ was ordered into the outrage committed upon ms
person, whilst under the protection Of The ia" oil tic
land: the testimony Of the second mate and scaincn was
taken; il proved such as TO require the arrest OF the
captain under a criminal prosecution. lie had already
caused his arrest, by setting the highest inngtStracy oil
the land al defiance. The proceedings under Inc pro,
sccu'ion were, in every imaginable way, complicated
and prrplryed, for the sole purpose OF bringing odinin
upon the Consul, hv involving rs many American snip
masters and sailors as possible in the trouble aud delays
necessarily consequent upon Inv proceedings Alter a
confinement ofabout five months, he gave bal, was re-
leased, and left the country.
Such is a faint outline of the case, IN regard 10
which, in all lis minutiac, Government are in posses
sion Of the most overwhelming proofs. The details
with which ii is rcpictc, are revolving IN the extreme;
worthy, in all respects, Of the main points OF conduct
above stated.
The American people viii soon have the means OF
Judging for themselves Of the mod" III winch The tFuSi
contided 10 Mr.. TriSt has been fulfilled. They will
know. what has all along been known to our country.
men AT Havana, that the prctcxis tor c!a'nor ScI"""
upon by the confedcracv above referred TO, have been
afforded solely by has ,milcNibl'ty IN protecting the
American sailor against oppression The most griev"us
and brutal, from that particular class Of masters, who,
themselves a disgrace 10 our flag and an injury to all
who sail under It,, can awaken sympathy only by nc.
ton, and practise deception only where they are nn'
known.