Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1817-09-26

can throw INTO tneir HaNuS inc business OF We
~ interior tribunals that may be established
and ipdeed il is not long since bin passed both
houses of congress assigning, in certain cases,
the duties of the district courts to the judges
of the Supreme Court. The president, nir.
Madison, returned tue bit with objections,
and il did not pass. These objections are no:
now before me, but as tar as they are recOl!oc-
ted, they wouldapply, as well to the &c, under
consideration, as 10 the one TO which they were
maize. But IL " unnecessary 10 pursue this
enquiry further, for although this he my 0wu
opinion. which have thought II my duty 10
eXpress.it will be remembered that th!S question
came before ihe Supreme Court in 1898, when
the judges, waving any opinion on the cOnsti-
tuusnaiity o!this act, were pieaSedto consider
the practice o. few Years undert, a. prcclu.
ding all argument on the Suhlect.-N hethcr,
II the question shall ever again como before
that court. IL viii consider suCh acquieSccuce
as putting al rest this great constitutional
question, caInot Say--,s ii has never rc"eiv-
cu decision or its merits II is nor Yet too
late, in my opinion, to review the one which
las taken place; but until that be dome IL it's
proper place, thus court is bound by it, ~ IRust
suppose, whatever its own opinion my be,
that it has a right to hold jurisdiction OF this
case, and to pronounce judgmeGt OH The pre-
sent verdict
Sentence of death has been passed on tho
prisoner. Eut his counsel being dissatisfied
with the opinioa of the court on their second
objection, and expressing desire 10 obtain,
IL possible tic opinion of the other Judges ou
il before the sentence MS executed, and 40
objection To this course D.. ing made on the
part ofgavernmeut, the execution of the pri-
soner was ordered for the first Friday in
The following is the sentence as pronounced
by the cOurt.
FREDERICK } >CoBsoN,
You have been indicted Cor wllj,lly aud cor
ruptiy DESTROYING the ship AriStIdes, on hcr
voyage from New Orleans 10 Ncw-IOrt. OF
procuring tho same To BE- done in order Co. pre-
judice certain persons who had underwritten
policies of insurance. thereon.
TO this Indictment YOU have pleaded not
guilty and Jury of your country, after 4 lone
a1d patient hearing, have convicted YOU of the
offence.
On your trial YOU were assisted by counsel
selected from the most eminent OF the profess
sion. who fully Justified llie high expectations
which had been formed of them by the zeal
and ability with which obey Conducted your
defence.
\ solemn aud painful duty vet remains to the
court which is 10 pronounce tic awful sell
tence the law has prescribed :cr those who shalt
commit this offence. In the discharge OF this
duty il is not my desire TO make any remarks.
merely with Wow OF woundiig your feelings,
which must already be sufficiently Distressing
but such an occasion ought not to pass without
some auiriadycrslon on the enOrmtv OF the
crime of which Won stand convicted and which
may at The same time viudiclte the Legislature
of the CnItedStateS from the charge oFamy I'M
proper severity in guariins 5ainSt its perpe-
tration by a sanction so highly penal Ii these
remarks Shall liaNe Inc efipCt ~ rendering
sensible ofthe magnitude Of y0ur uauSsressi-
on, and shall produce correspondent contri-
ton and repentance OH your part; or if they
shall prevent tie commission Ot IL bN amy other
person, they will not he altogether without
their use. Although forhoi' III NY charge
10 the Jury, expressing any strong opinion on
the facts of this case. that you might have the
fail benefit OF their unbiased decision on them,
! caUunt now but express my entire satistacti
on with their verdict. 1t was impossible, from
the numerous aud imposing circumstances
which attended The transaction from its com
meucement Ia its catastrophe, To entertain any
Doubt of the guilt of the parties concerned. The
most positive testimony could not have carried
greater conviction TO the mind AMI therefore
the J1ry, although there an absence oe all
testimony of that character, arc right in draw
ing from them the only conclusion OF which
they were susceptible.
The crime Of which you have been found
guilty, is tina of wilfuliy destroying IA sci
Of which you we're nostcr and winch appear
ed to have been done ivF the most Fraudulent
purposes. In country So extensively COM
mercIal as the United States, il is not easy 10
imagine an offence OF deeper maiiguitV, or of
more mjschievoHS tendency, on cue which re-
quires more har''ihOod, ar greater degree Of
moral turp!tmde for its commission. Commerce
cannot he engaged in 10 any great extent but
under tue protection of an inSuyance-But who
VIII underwrite property or the ocean, where
tue known and acknowledged risks are alrea-
dy numerous, II 10 thee are 10 lie superadd-
ed, ard that with inIpunIty, Il wiiUl dcStructi-
on Oi the cargo insured, Dy the party himself
MS agents, or OF tire vessel on which IL was
alleged 10 have been loaded, as is ,the case here
to conceal tie fraud that none had ever been
put or board? Nor is oniy this valuable class
ct Our citizens who claim protection and secu-
rity against practices Of ;hiS description: were
they to pass without tie saVeTest pnnishmentS
mariners aud those .vhO travel By sea, on bust.
ness or iW tho pursuit Of health, would he eX.
posed not only 10 the ordinary dangers of. that
element, but might frequently become victims
10 tive cupjdi;y aud fraud OF 'hcse to whom they
had coniided their safety.
Thus in the case in which Won have heen so
conspicuous An actor, moi Unlv,W1S plan laid
to deiraud The insurance companies who had
underwrltteu on this voyage 10 The amount Of
more tllan hFty thousand dollars, but mer
chant of Kentucky, ignorant OF tie scene OF
in;qu.ty that was contemplated, was permitted
10 pat property ou board Of the Aristides TO 4
very considerable amount, which was not M
der insurance, aud winch must have been iadcE
with determination on your part never to de-
liver ii according to the bill Of ladTg althO' 10
other motive can be assigned for this atrociOus
act thnn the mere pleasure OF extending tie
calamity, which was TO be produced by the loss
OF the vessel as wide as possible for no Freight
appears to have been received for these goods
any payable until their delivery az
New-TOTk. III ought not here 10 he forgotten,
how very instrumental this gentleman has
been, in the hands OF Providence, IN bringing
to light the abOminable scheme Of viilainy that
was laid. Several persons were also permitted
TO take their passage in this vessel, who were
glad to save their lives, which they could not
but think Imminent danger, by going on board
at sea OF another vessel, 1hicli proyidentialy
made its appearance inthe moment OF distress.
The seamen too, who, although they escaped
in this instance with their lives, were thrown
on an unknown coast, aud exposed not only to
loss OF wages, Dut to many eXpences and
hardsliips before they could reach a sea port,
and engage again III the line OF their protest.
on. Under all these disadvantages and expos
ed to all Ties hazards, mast commerce he car
fied on, unless men, who will not be restrained