The Black Snake Affair
Background Reading for Trial Preparation
During the early 19th century, Great Britain attempted to damage France’s economy by restricting trade between their enemy and the young United States. America’s merchant marine suffered as a result so President
Thomas Jefferson and Congress attempted to counter England’s action with the Embargo Act of 1807. The act
limited trade with Canada thereby cutting off much of the legitimate income for those living in the Lake Champlain valley. This act was devastating to the people of the Champlain Valley and many chose to ignore it. Some
of the inhabitants of the region responded by starting a prolific smuggling trade.
One of the early ferries that operated between Charlotte and Essex New York was the 12.2 m (40 ft) long Black
Snake. This vessel later became the most famous smuggling vessels to ply the waters of Lake Champlain during
the years preceding the War of 1812. The Black Snake, captained by Truman Mudgett, operated in open violation of the Embargo Act of 1807 which forbade trade with British Canada. Black Snake was primarily involved
in smuggling potash across the border to markets in Canada.
In August, 1808, a revenue cutter named Fly, enforcing the embargo on the lake, had an encounter with a
smuggling boat Black Snake. Thirteen federalized Vermont militia men under the command of Lieutenant Daniel Farrington received word that smugglers had gone up the Winooski River to take on some potash destined
for Canada. On August 3, Farrington rowed up the river looking for the smugglers and found the Black Snake
beached. He put some of his crew aboard Black Snake and started back down the river with both boats.
After threatening the revenue officers as they took Black Snake, the smugglers moved down the bank of the
river and eventually fired shots at the Fly killing the helmsman, Ellis Drake. Farrington put ashore in an attempt
to capture the smugglers but walked into an ambush which wounded him and killed another of his men, Amos
Marsh, along with Jonathan Ormsby, a farmer who had come along to talk with the officers. Within a matter of
days, the officers captured all of the smugglers and most of them went on trial within a few weeks.
Embargo Act- December 22, 1807
Be it enacted . . ., That an embargo be, and hereby is laid on all ships and vessels in the ports and
places within the limits or jurisdiction of the United States, cleared or not cleared, bound to any foreign port or place; and that no clearance be furnished to any ship or vessel bound to such foreign port
or place, except vessels under the immediate direction of the President of the United States: and that
the President be authorized to give such instructions to the officers of the revenue, and of the navy
and revenue cutters of the United States, as shall appear best adapted for carrying the same into full
effect: Provided, that nothing herein contained shall be construed to prevent the departure of any
foreign ship or vessel, either in ballast, or with the goods, wares and merchandise on board of such
foreign ship or vessel, when notified of this act.
SEC. 2. And be it further enacted, That during the continuance of this act, no registered, or sea letter
vessel, having on board goods, wares and merchandise, shall be allowed to depart from one port of
the United States to any other within the same, unless the master, owner, consignee or factor of such
vessel shall first give bond, with one or more sureties to the collector of the district from which she is
bound to depart, in a sum of double the value of the vessel and cargo, that the said goods, wares, or
merchandise shall be relanded in some port of the United States, dangers of the seas excepted, which
bond, and also a certificate from the collector where the same may be relanded, shall by the collector
respectively be transmitted to the Secretary of the Treasury. All armed vessels possessing public commissions from any foreign power, are not to be considered as liable to the embargo laid by this act.
From the Annals of Congress
http://memory.loc.gov/cgi-bin/ampage?collId=llac&fileName=017/llac017.db&recNum=606
Black Snake Trial
Roles
Judge Royall Tyler Your job will be to preside over the trial. You will read the charges and make sure everyone
takes turns presenting their case.
Prosecution Team (1-3 students) Your job will be to present the case against the defendants. You will need to
present facts that prove that the captain of the Black Snake is guilty of smuggling.
Clerk of the Court Your job will be to keep a record of what is said in court. Take notes so that you can remind
people of what was said if they forget.
Defense Team (1-3 students) Your job will be to present the case for the defendants. You must present facts
that prove that the captain of the Black Snake is not guilty of smuggling, or that smuggling is not really a crime.
Jury (6-12 students) Your job will be to listen to the testimony and decide if the Black Snake crew is guilty
“beyond a reasonable doubt” or not. You must also learn as much as you can about the laws that might have
been broken. You must make a decision base on the facts presented by the prosecution and defense teams.
Jury Foreman Your job will be to listen to testimony with the rest of the jury. When the testimony is over,
you will lead the jury in voting on a verdict. The verdict must be unanimous. If everyone does not agree, you
must lead the discussion to convince everyone to vote guilty or not guilty. You will announce the verdict to the
judge.
Truman Mudgette You were the captain of the Black Snake and are on trial for smuggling. You must learn as
much as you can about what happened so you can help defend yourself.
Lt. Daniel Farrington You were the commander of the militia and are a witness against the crew. You must
learn as much as you can about what happened so that you can help prosecute the crew.
Court Procedures
Judge will call the court to order.
Judge will read the charge against Truman Mudgett.
Prosecutor will call Lt. Farrington to tell what happened.
Defense will cross examine Lt. Farrington.
Defense will call Truman Mudgett to tell what happened.
Prosecutor will cross examine Truman Mudgett.
Prosecutor will make closing argument as to why Truman Mudgett is guilty.
Defense will make closing argument as to why Truman Mudgett is not guilty.
Jury will deliberate in private or with no one else interfering.
The jury will give its verdict.
If the defendant is found not guilty, the judge will close the trial.
If the defendant is found guilty, the judge will determine the sentence.