The Daily Advertiser

BOSTON, October 16.

Extract of a letter from a gentleman in Portland,
(C. B.) to his friend in this town, dated Oct. 19.

"A juridical matter has lately taken place,
which I think deserves the attention of our political
fathers, not so much perhaps as it immediately
respects the parties concerned in it but as it
may affect the liberty of the subject in like cases.
A French gentleman some time since died
here, who, it is said, gave his effects by a nuncupative
will, to a Mr. Peter Fabre, of this town;
but this will and gift is disputed by Mr. Davis,
who, on behalf of a relation of the deceased, administered
upon his estate, and, agreeably to a law
of this commonwealth, had Mr. Fabre cited before
the judge of probate, to be examined upon oath
relative to the estate which he suspected was
concealed in Mr. Fabre's hands. Mr. Fabre refused
to be so examined, alleging, that by the 12th
article of the bill of rights, he was under no obligation
to furnish evidence against himself: where-
upon the judge, agreeably to the direction of said
law, committed him to jail, where he now is, in
close custody, as it is said there is no provision for
liberty of the yard in such cases and where it
seems he must remain until he consents to answer,
upon oath, the questions that may be put to extort
the truth from his own mouth.

“It will doubtless be matter of serious litigation,
whether this law, in its operation does not
militate with the above article of the constitution
and if so, whether the judge ought not to have
condemned it as such.--I do not mean by this
to reflect on his conduct: he is a gentleman of a
just and humane disposition-and however it may
have hurt his feelings, to commit a gentleman to
the common jail, he acted according to the dictates
of his judgment, upon the law aforesaid.
which he considered as the rule of his conduct."