Martin, Thomas (fl. 1794) to Col. Langdon re: power of Courts, ambiguity of law

Portsmouth Nov 14, 1794

Dear Sir
You cannot be unacquainted with the circumstances relative to our cursed Lusanna cause. until the decree of the last circuit court, when the Judge recd a return from the Commissioners which Judge Klein had appointed in the Massachusetts to address the damages.- they found that the goods amounted in effect to 1998.9.4. The Vessel 300£ Steel and made the whole sum £5895.14.10 Sterling to which they added £5659.17.4 Sterling for 16 years interest making in all £11333. 12.2d. or 38378 Dollars & 69 cents for which sum the Judge passed judgment and ordered a monition to pay the money on the first day of the session of the next circuit court- We applyed for a Writ of Error to the Supreme Court, bonds were required of course, both the court & bar could not put a just construction on the law, they acknowledged it to be ambiguous and could not determine whether or not it contemplated the intervening damages, or for the whole judgment, but the Judge Cushing said that the matter had before in cases of error in Boston at the circuit court been taken for the whole judgment which had formed a precedent from which he could not with propriety depart- we proffered him our own bonds for the whole sum, at same [inserted: time] produced a certificate signed by 12 or13 of the first men in Portsmouth & Exeter of our ability to respond that sum but he refused them unless with sureties, there the matter rests, & we are [2] without the Writ of Error and deprived of the Judgm't of the Supreme Court- You can naturally conceive the difficulty of bringing 12 or 13 men to unite in Opinion. Some of our concern are desirous not with standing the difficulty of asking or obtaining surety [illegible], others absolutely refuse, they all must [illegible] into the General Vortex of distruction [sic] owing to an uncertain tax, upon which the most severe Construction has been put,- in this oppressive dilemma we have sent on to Philadelphia Mr. Livermore in order to obtain an explanation of the law, or urge Congress to make such provision under our present Circumstance as in their Wisdom may appear [illegible] to them to bring our cause to a hearing to the Supreme Court, and unless some way is found out we must esteem ourselves oppressed, & unjustly ruined subjects, obnoxious to the operation of her opposite laws in our station - can this be right and must the State of N H continue to receive such treatment to its Citizens - Cannot Congress explain the meaning or design of their laws, or must we submit to the construction by one man alone.- if so does any country experience more cruelty - cannot & ought not Congress to pass an Act forbidding any matters which were determined & finally settled in the State Courts prior to the Federal Constitution, being taken up in the Courts of the present Government, when we Contemplate the different temper of people and State of matters in the Year 1777 and the Year 1794. Can it be supposed that the policy, honour, Justice, and Judgement of Governments could be [3] arraigned by passing such an Act. I must suppose no and that it [inserted: would] operate quite the reverse,-
This cause my dear Sir will prove a Very Serious matter, unless Congress very early takes it up, & more especially should we not be able to bring the affair before the Supreme Court, and it needs to be done very early- Should this Cursed unjust decree be put into Execution it may be attended with the Sheding of blood, & if so can You, or I state where it will stop, - that noble emulation which has Spirited the people to suppress the Pitsbourg [sic] opposition to the laws, may be asserted to appear unrighteous, & unjust Decrees acting on the injured & oppressed Citizens, of the United States. You will know the Senate Majority which sanctioned the present Glorious & unexampled Government which we are now enjoying of and I fancy that You know, because I do myself, that there are a great many enemies to it, and should such a prize as we are in possession of be lost for want of just reflection be assured Sir that this matter will greatly Weaken the Reigns of Government, not only in this State but generally.
I need not urge to you, Your kindness in Assisting in getting a hearing & that soon to our petition forwarded by Mr. Livermore, I know You will do it, & I leave the event- I not only shudder for myself & those immediately connected in the issue but for my Country generally.
The above I have wrote with a mind rather perhaps too much agitated from the Circumstance which has produced it, I wuld [sic] wish the Sentiments to be kept to Yourself, we wish before we are entirely ruined to have the matter before the Supreme Court where we depend [4] that it will meet different fate from what it has hither to, and entreat Your friendly interference to that end- every art has been used by the opposite party to hinder its getting on, which I think plainly shows Bourns apprehensions - pray consult with Judge Livermore on the matter, and assist Mr. E. S. Livermore in what he is upon for us.- I am with much esteem & respect.
Sir
Your Very hum Servt
Th. Martin
Col Langdon

[Note on side: [struck: Th. Mifflin] Th. Martin's Letter 1794]