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

En 9atutddy lakt, Frederick jacobson, who
bad oeeu convicted OF wi'iuily and corrng;ly
destroying ttc ship Arstiey was hrouvht bc
fore th2 Circuit Court Of the Uuired States to
receive the sentence of the law-when hi,
counsel, Mir Wells ana. Mr. Ogden interpo,ed
TIE following objections 10 Judgment being
pronounced
\. That the court had no jurisdiction. con.
sress having no rigti TO assign any justice of
tue Supreme Court Of the v Stutes 10 Lnld +,
circuit Oh auy inferior court
z. nat The Jury, havin. convicted the nris-
oner OF the first five counts in the Indictment.
~ which he was charged as not being the own
erof the vessel, aud it appearing in evidence
that the owner was on board aud that the pr;s-
oner probably acted under his directions, and
by his orders, 1t was insisted That he had not
been guilty OF any offence within the act of
cong ess.
In support Of the last objection, IL was said.
that The first section OF the law was intended
only to protect owners CT vessels against their
destruction BY strangers. and that therefore no
oience could he committed under THAT section
II they were consentinG to such d, strnction
The court was of opinion, as to the second
objection, that il the owner ordered his vessel
10 be destroyed by the master for the prrDose
o: iniuring underwriters or Others, aud such
object were communicated to the master by tho
owner ar the time, or for any other fraudulent
purpose Whatever, made known TO the master
IL must be considered altnl and coryugf
destruction on she part of the master which no
consent of the etyE,H4' could Justify If no Der.
sen were TO be SSlrauded, and the owner in.
tended no loss or injury to ans person but him.
self, such order would excuse the master. be.
cause the destruction of u vessel under such
circumstances, would not be corrupt. It would
seem, indeed, that by the first section The le-
gislature had Intended to guard ONLY the rights
OF owners but the terms employed embrace
the present case. The prisoner was not owner;
the vessel was the property Of u citizen of the
u. States. aud she wilfuly and c9rrl,,fy
destroyed by him thai is, for the fraudulent
purpose Of rendering the underwriters on her
aud on property which the SriSoner knew was
not on boari, liable 10 the amount Of more than
6 ).JG1 do,lars.
In regard to The objection of the jurisdiction
of the court, Judge livingston observed mat
he never bad entertained any doubts on This
subject since he had first reflected on IT, He
always had been of opinion, and thought il his
duty 10 express 'tas the question was brought
before him. thai the act OF congress directing
the justices of the Supreme Court TO hold Cir
cult Courts, was 4 law repUg1aut to the cons IT,
futon of tie United States, aud not binding on
the Judges. Tie Supreme Court was created
by the Constitution, and it's powers and duiieS
were therein defined. Thelegisia ure e!lIere-
fore, could neither add to the one nor to tie
other. This precantion was highly pOOper as
it respected the appellate court 0fthe federal
Judiciary. IL, besides the duties prescribed
for Ii by the constitution, the Legislature were
at liberty to add 10 them such others, not oniv
In their own court, but an courts with which
they had no connection, there world ne an end
OF that Independence winch Should ever exist
between coordinate branches OF the same 90
FeENi!Sut; Dt 80 long a. NUcil power shall con-
tIrne 20 be exercised, ana he acquiesCCd In, the
Snpreme Court will be kept in a state of de-
peDdcnce on the legislature, Which could never
have heen contemplated by those who formed
the constitution. It IS a fact, that the lber Of
4lOiding circuit courts Is become mach more
Furthermore to the judges OF the Supreme
Court than the discharge of their regular, ap-
.;3priate and constitutional functions in the
curt for which they are commissioned. 1t
may be added, for so the fact is that tie biI.
slDess Of the Supreme ConTt is much impeded
By the attention of the Judges to their circm;t
duties, to the very great Inconvenience and
heavy cXpence of the suffers therein.-C0n.
gress havea right to oTdain aud establish, from
time 10 time, such inferior cOGris as they nav
think III but they have no power to commits
sion the Judges OF such courts, nor to appoint
any Judge by law. II they thought proper,
therefore, that circuit court should consist of
a district and another judge, such other Judge
shoald have been appointed, as well as the dis
trict Judge, on the nomination of The president,
and by and with the consent of the senate. He
should have been commissioned during good
behavior, and have received a compensation
for his services. But no commissions have ev-
er been granted to the justices OF the Supreme
Court, constituting them judges of the circuit
courts, nor have they taken any oath OF Office az
such, and Instead ofrPcelying a compensation
for these OnOrOuS and expensive durieS their
salaries as Justices of the supreme Cont have
been greatly diminished Ey them The imcon.
venieBce OF The SySteDs, as il respects the adj
mInistratiOn of justice, may also teud to show
that the constitution in this respect has not
been pursued. 1t could never have bcenintend-
ed that inc lEuges of court whose principal
os,ues are OF an appelative nature, should ever
form Il constituent part of those inferior tribU-
mails whose decisions they we're To revise The
disadvantages of such system ~ practice can
hardly be .Siiinated except by those who have
had sJme experience Of them. 1t is certainly
desirable that JUDGES Of appellate court
should form no opinion IN an inferior tribunal
and when setting separately on questions which
are IN come before them in court of appeals,
or otherwise, the benefit Of consultation, 80 ini-
porfant 10 = suuer, aud Of a Judgment resulting
frOm such consultation, without any previous
bias, will he ia great measure lost. - very
inconyenent are these dutICs, that II the pres
ident had been left, as he ought 10 have been,
to nominate and commission Judge of the cir
cat cOagt it would hardly have occurred to him
prone Court aud IL he lad, and Il had been
accepted such JUDGE muti certainly haye resign
ed iiia one which be before held.
"a viii he seen also by the Constitution, tat
file Judges ni he supreme Court have not Only
very limited Original JuristtcuOn, bust little or
] one vi 1t crIIn'ndi ndture aud yea tge most cN-
ens.ye siiaiinti cngfdL tnCc reaching even 90 ca
1 itai offences is given 80 them az members TO
Tie Crcuit Courts .NOW. IS Co gress cHunot eS-
tend the original jurisdiction OF ihe supreme
COu1 beyond Inc bound i.mted BY TIE con.
stiIutiOu, and so that court have decided u IS
not seen how they can extend the Juti5diciiOn
Of the several judses Of that cOulttO cases o-
YER wbirh tlle court itself have neither orsi
mai nor appel ate lurisd ciioE; or how because
the constitution and their commissions have
made them nudge, OF the supreme Court, Con-
Grass can, with Or without theiF consent, make