Newspaper Page Text
m2
foreign.
SPAIN AND PORTUGAL.
The Paris Journal de* Debate* of Monday,
Dec. 11, contains the following important arti
cle from Madrid, received from»« .correspon
dent, but bearing indubitable cvidpacc* of au
thenticity. This article throws muck light up
on the conduct of Spain towards tiro P ortuguese
Refugees, at the same time that it confirms the
opinian wo have already expressed, that the
Spanish government will disavqw >lu? hostile
:*cts up«.n the Portuguese* frontiers, notwith
standing that Mr. Lurth*«o distir.clly detects,
t he agency of the SpUntsh officers in furnishing
tlte rebels with provisions aud offensive weap
on*:— .
“The English Minister at Court tv*ii wot atiffi satis
fied with the explanation given oy M. S tlmonj ill Ins
note of the tWth, and on the SOlhho adihssied to- M. «•
another note. Kr. Lnial>,.iu the first place, proves
that the arras sent lienee for'Estroittdnra, under *h®
the preteneo of arming the Royalist Volunteers, have
been distributed- among the Portuguese Refugees.—
IJit Excellent# mentions the rtry Hay and plate ulhere
they were to distributed.
"Alter that," says Mr. Lamb, “it wds thought proper
in communicate to me a ro|iort of Gen. St. Juan, -C up
turn General of Estremmhirn, in which that General
slates, that when .he received ordors to send hack to
the Portuguese Government the urins of the refugees,
he was not able immediately to execute them, because
the troops under his command were absent; and ever
(Since then he had dreaded a movement on the part of
•the Portuguese refugees, which bo was unable to
check”
“To tills Mr. Lamb replies, “that Gen. St. Juan had
himself removed his troo|>s, by assembling them at Al
cantara, under a pratrvxt of a review; that he. went thith
er in person, and that he was so completely atvore of
tho movement of the Portuguese refugees, that the ra
tions which were received by 303 men, in passu' 0 '
•fhrtiitr's ** •• »«*~*. a. WtlP Hlr*
jI2-S liy tile express orders of General St. Juan, sign
ed at Alcantara.”
“ “A report,"ucldsMr. I,amh,“has boenjeondesrend'
ingly shewn to .me, from Gen. Longa, in which it is
•said, liiat that General had proceeded in person to the
frontiers of Portugal,that 1>b might watch the motions
■of the refugees. In erderto appreciate the correctness
of this report, it is necessary to compare it with tho se-
not correspoiidcnee between Gen. Longa ond the Ex-
intendnnt of Leon Pastor. It is from that correspond
ence that the v«al motives of Gen. Longa’s journey
must be termed; it alone explains the real causes-of it.
“Gtfn. Qucsada, in his report, pretends that if was
irom a feeling of humanity, that he atiowed tho Portu
guese who were at Ecijs, to bo placed in tiib environs
of Ayamonte, in orderthat tbeir proximity to Portugal
tnight facilitate their means of exchanging Use Povtil-
my at about 12,000 including most of tho fo
reigners, ^about 500) who had joined against
the Brazilians.
Tho Buenos Ayrcau government was muc ii
depressed—money scarce—Spanish Doubloons
worth §56 papercurrency; Bills of Exchange
on London 4cts per dol. ,
Uapt. Hutchins Iteard nothing of the defeat
of, the Brazilian?, as published in the Baltimore
Gazette, on the authority of a letter to the
•Editor, from the coast of Brazil dated Santos,
Sept. 26th, and. copied into tlie Beacon on
Friday last. '
Despatches from tho American Charge ties
Affaires at the .Court.nf Brazil for tho De
partment, arc brought by tho Midas.
FROiM LAGUIRA.
• New Vouk, January IS
• Wo learn hv.tlie Swift, wliich sailed on the
17th ultipio.tlmt affairs in Venezuela were qui
et,dittl'no.events of importance had occurred
.sinbe former advices. General Faez was at
Vuleiicin. He had arranged or was about to
conclude a truce with general Mendez, who
had left Porto Cavallo, to abstain From any
further hostile nets between tho contending
parlies, until tho arrival of the Liberator, Boli
var, who, it was still believed, would put an
end to the political troubles in : that depart
ment.
Tho country was still under martial law.—
But fow troops remained at Caracas, Paoz hav
ing taken most of them to Valencia.
When Mendoza, late intendant of Caracas,
was removed from that office, lie was ordered
to leave the country in ten days,' He pror.end-
fA ... i .i»imiKc(i onboard tho Bri
tish mail boat for St, Thomas; but before the
vessel sailed, lie received counter orders from
Pacz, to await his further commands: Subse-
fluently he had effcctod his escape.
any better founded than that or Gen. Loiignf
-General Qnnaifa had had nothing but the pecuniary
interests of the Portagnose refugees la view, the Span
ish Government had in Its power all the necessary fa
culties, without uiranghig the place of the Portuguese,
to exchange their money without loss to it or to thorn."
“Tho note of Mr. l-arab ends In such a way, as to
make iis believe that he hasnot tke requisite instruc
tions either to make demands on onr Government, or'
toeoucurwith it; ou the other hand, it would appear,
that it is less from London-than from Lisbon that this di
plomatist must expect orders for the regulation of his
conduct. >
“The Portuguese Government,which learned on the
morning of the 23d, the invasion of Tras-os-Montes,
-wrote by the Minister of Foreign Affairs tho same eve
ning to the Marquis dc Casa Fiords, our Ambassador
nt Lisbon, that his functions os Ambassador wero at an
end. and that whenever he -wished passports to quit
Portugal would be riven him. This fact is exact-
very exact—and as .there isno dbnlrt that the Portu
guese Government would not have oriqntad tills abrupt
proceeding, withouttheadvico of Sir. w. A'Conrt, it
Is presumed, that its conduct will regelate that of Mr.
Lamb, who, will doubtlesstermldate his mission at Ma-
drid in .w'-ir* riipiirtr*1r* , nf 1 i*
foresees the storm' ildes every thing in Its power to
charm it dawn, lt-oft'ars to dismiss the Minister Cor
lomarde, and the tbreo Captains General, of whom
mention is made- above. Gen. Longa is at present
within five leagues of Broganea, at the village of Alca-
■nisos, which boa our very borders, and Gen.' St. Juan
ii on tho banks oftheCaya, in Estremadui-o. Tixrtwo
Generals have each 2300 men with them, end unques
tionably theso. are .not designed to keep the Spanish
territory Gram violation, which has never been threat-
«ned by any invasion of tho Portuguese troop's of the
Portuguese Regency. M. de Mouiitlcr was to set but
the day before yesterday from Madrid, hiit his depar
ture has not yet taken place; uml, in tho menu time,
Mr. Lamb, who has not yet given notice of his depar
ture, is selling his horses, end making other prepara,
lions at his- dwelling, which plainly indicate that he
data not intend to make any- long ctny here
“Tho Struggle which took piece at Braganza, ap
pears to have been a very severo onc„for \ye tire assur
ed thxt'the number of killed and wounded on the two
sides,-amounted to about 800 men.” •
FROM LA PLATA AND BRAZIL.
By the arrival of the ship Midas, Captain
Hutchins, at Norfolk, from Monte Video and
and RiooJaneiro, intelligence is received by
tho editors of tho Beacon, that tho Brazilliiin
Squadron, consisting of Don Pedro, 74, tho
new Frigate "and a sloop of War, togother
xvhh soveraL transports, and two thousand
troops sailed from Rio. on.the 24th Npv. for
the Grande, with the Emperor on Board, who
was determined to carry nis point in tho south.
An embargo ■ was laid jp 1 ' Rio on tho l6th : No-
vembfir in consoquenco of tho preparation for
this expedition aud was .not removed untiltho
27th,ttire0 days after it had sailod.
The United S tat os Squadron consisting of
tho frigate Macedonian, Com. Biddle, car
ve ltd Cyane, Captt F.iihJr; ami sluopqf war
Boston, Hoffman, wore left at Rio when. capt.
H. sailed. . - /’• •.. «
Tho frigato Brandywine, Capt. Jones and
sloop of war Vincennes, ; Capt. Finch, Sailed
for the Pacific on tho lftth Nov. destined
tho relief of tho Squadron undor the command
of Com. Hull. .< - -
The troops of the Emperor and those of
tho Buenos Ayreans had concentrated their
forces - at Rfo Grande, and it was expected
would soon commence hostilities.
Tho River La Plata continued to be so
6trictly .blockaded that ft was impossible to get
in. Tho blockading squadron consisted of
about€0 sail. - : *
Provisions of every discription vory high
aud scarce—-Flour $60 per barrel in paper mo
ney. -y • .
• Admiral Brown had been up tho Coast, of
Patagonia in. search of tho Chilian Squadron
vrhi$ had not heard from sinco they were
.spoken off tho Faulkland Islands, in Soptemf
her—rand had returned to Buenos Ayres, which
ho left about tho* 23d Oct. In the night un
observed by tho Sqadron,—Admiral B. was
seen of Rio on tho 20th November.
Capt. Hutchins left Monte Video on the
25th of October, at which time tho accounts
from Buenos Ayres stated tho force of the ar-
From, the Charleston Courier.
ON THE ISLAND OF CUBA IN 1S27.
Thcro is a probability, that, in tho present
state of things, England may send to the WeSt
Indies a squadron to blockade the Island of
Cuba, a circumstance which doubtless would
cuuso sorao alarm in the United States; it will,
therefore, not be altogether premature to ad
vance an independent opinion ou the subject,
to restore calm amongst those whose interests
are mingled with tho preservation of that isl
and, or to dissipate in some measure a cloud of
vague conjecture? which, though groundless,
might tend to injure the interests of others. .
It.will bo remembered that general Vivos,
governor of Havana, and’ virtually supreme
commander of the island, is a constitutionalist,
and possesses^ grcaf virtues as a mm, and ta
lents as public offider. That in the transac
tions which took pTaco in the end of 1823, at
tho to-ascension of the contemptible despot of
Spain.upbn his bloody throne, Vivos was per*
haps the only mrfir,’ who was preserved' at his
post, by the express will of the tyrant; not &s
a mark of distinction for governor Vivos, but
as a necessity to mninfain : . tile island .of.Cube,
to support .Ferdinand’s caprices and unbound
ed injustice. General Vivcs/in such a dilem
ma between his personal opinions and the inte
rests of thousands who inhabit that island,
thought proper to sacrifice the former for tho
btmefit of tho latter- aniUviiho^^ewac-
lias rather served the interests of his unhappy
subjects, and softened in a great measure, their
unavoidable fate, by refusing to carry into ex
ecution such decrees as Ferdinand issues riow
and then throughout his imaginary' dominion,
always however, undor polite and specious pre
texts of Incompatibility with the critical situa
tion of Cuba. " •*’ .
Now tho situation of Cuba grows apparcntly-
mora and more critical every moment;—-it may
soon be surrounded by a British squadron; it is
threatened by the'republics of South America;
and closely observed by- the United States.—
Of courso the alarm must be great, and the
views of every one very difierent. But as tho
topic of these supposed events is the presont
state of war, of which Spain and Portugal will
only be the theatre, while the elements, are
scattered throughout Europe; since thd revo
lution ig general, and its effects will bo felt from
the. batfts of tho Ncrvato-thc borders of tho
Guadiana, and .from those of the Thames to
tho lake of Peschiora,—as the torch of truth
is alroady kindled, and funaticism will no long
er be endured in Europe, if tho sovereigns of
the' Holly Alliance pretend to oppose any re
sistance to tho establishment of civil freedom in
it. Spain must soon be free, and her people
will not fail to assert it; therefore general Vivcs
will neither attempt an obstinato resistance in
favor ef tho tyriuu’s cause, nor will-he suffer
degradation to tho inhabitants of-tho island of
Cuba, by submitting to any foreign yoke: But
declaring the island to possess the very princi
ples .for which England will fight, Cuba will
bo ios|icciori by all the free governments, and
considered ipso facto as a portion of nee Spain:
Avoiding thus, innovations / and disturbances
which -would bring in their train tlie most
mournful.consequences, prejudicial to the safe
ty of neighboring states, and-vory-injurious to
vcamtevouuu.es. A. DE L.
Testimony of respect for. the deceased patriots
Adams and Jefferson, ordered by the Re
_ public of Colombia.
However the people of ibis republic may
differ about tho form of administering the gov
ernment qf.their own country, it appears thoy
Can duly estimate the virtue and talents of
thoso who sustained the cause of liberty e!so>
whore, and this fact of itself should be receiv
ed ns otto evidence that notwithstanding the ma
ny aspersion thrown upon'their national char
acter by interested partizan writers, there is in
tegrity, enough among them to confirm the es
tablishment of their institutions upon the purest
principles of Republicaaism-
Froro “El Cojnmeta Mprcantil,”.of the 12th
October, wo translate the following docu
ment:— .
DECREE OF THE EXF.CUTIVE.POWER.
Francisco De P.. Santander, of the lib
erators of Venezuela and Caqdinamarca, Vice
Preddent of the Republic charged with the
Executive power, &c. &c.
Tho Government having been informed of
tho death of Thomas Jefferson and John Ad
ams, ex-president* of .the U. S. of America,
members of the first federal congress, and firm
and enlightened sustainers of the Declaration
of Independence, who died on the fourth of
July last, on the .fiftieth anniversary of that
declaration: and it being incumbent on Colom
bia to giV3 proofs of the respect duo, to the
virtues of those two distinguished magistrates
and benefactors of tlie human race, and of the
esteem k has for the eminent services with
which tjley durhig their administration exalted
the glory and felicity of the first sovereign state
in emancipated America. . •
Tnistkig that all thoso who appreciate their
virtues tod their heroic efforts lor the public
good, will manifest the sorrow which must be
consequent On so great a loss.—
DECREE.
Art. Ij. The army and navy of Colombia,
shall weir mourning conformably to the ordi
nance and the decree in this matter for 3 day af
ter that in wliich tho decree shall be received.
Art!. For the same time all the public of
ficers a Colombia shall wear a knot of black
crape b i the loft arm.
Art. 3; - The Secretary of State in the de
parting it of Foreign Affairs, is entrusted witli
tho dull of conimuuicating this decree.
liogoa; Sept. 22nd, 1826.
«Si;not»
FRA! CISCO DE P. SANTANDER.
Fron the Vico President entrusted with the
Exccuti e Power of the republic.
The -fectvfitary of State in the Department
of Foreign Affairs.
(Signed) Jose Rafael -Revenga
Philadelphia Gazette
DIPLOMATIC.
SLAVE CONVENTION.
Ill the House-of Representatives, on Tues
day, the IGth ult.
The following Message, from the President
of tho United Slates, was received by the hands
of Mr. Joint Adams, ami referred to tho Com
mittee on Foreign Affairs, and ordered to be
printed: . , , „ .
To the Sciate an3 nouse of Representatives or the
United States, ,
Washington, January 16, 1827.
I communicate to both Houses of Congress
copie? of a Conveutiop between tho United
States and'Greut Britain, signed on the 13th of
November last, at London,- by the respective
Plenipotentiaries of tho two governments for
tho final-settlement and liquidation of certain
claims of indemnity of citizens of tho United
States, which had arisen under the Treaty of
Ghent. It having been stipulated by this con
vention, that the exchange of the ratifications
of tho same shall be made at London, the usu
al Proclamation ofit-there can be only bo issu
ed whon thst went shall have taken place:
the notice of which can scarcely be expected
before the dose Of the present session of Con
gress. Bu» it has been duly ratified on the
part -of tho United Slates ;. und_ by the report
of the Secretary of Stdtp, and tho nccomppuy-
ing certificate herewith; also cemmunicatod, lt
liteii ijy^tKc'fllmistor.of hia-Bri-
;Unic-Majeety Tcsidhljt'hcre, and has been de-
posited in the office of the Bank of the The U.
States at this place, to await tho disposal of
Congress. .
I rocommend to their consideration the ex
pediency of sucl\ legislative measures as they
may deem propel- for the distribution of the
sum already , paid, and of that hereafter ,to be
received, among the claimants who may be
found entitled to indemnity.
"... JOHN QUINCY ADAMS
Which has already been carried into executiop
by the commissioners appointed under tho said
convention; and save and except so much of
tho third article of the same as relates tothc
definitive list of claims, and has already like
wise been carried into execution by the said
commissioners. - , ,,
Art. 3. The said sum of 1,204,960 dollars
shall be paid at Washington to such person or
persons as shall be duly autljprized on the
part of tlie United States to receive the same,
in two equal payments as follows :
The payment of the first half to bo made
twenty days after official notification shall |iavc
been made by tho government of the United
States to His Britannic Majesty’s Minister in
the said United States, by and with the advice
and consent of the Senate thereof.
And the payment of the second half to be
made on tho first day of August, 1827-
Art. 4. The above sums being taken as a
full and final liquidation of all claims whatso
ever arising under the said decision and con
vention, both tho find adjustment of those
claims and the distribution of tho sums so paid
by Great Britain to the United States, shall be
made in such manner as the United States a-
lono shall determine; and the Government
ef Great Britain shall have no further concern
or liability therein.
Art. 5. It is agreed that from tho date of
the exchange of the ratifications of the present
Convention, the joint commission appointed
under tho said convention of Sb Petersburgli,
of the 12th July, 1822 shall bo dissolved; and
upon, tho dissolution thereofi all the documents
and papers in possession of the said commission
relating to claims under the convention, shall
be delivered over to such persons as shall be
duly authorized on tho part of the" United
States to receive tho same.—And the British
commission shall make over to such persons, so
authorized, all the documents and papers (or
authenticated copies <Jf the same, when the ori
ginals cannot conveniently be made over)- rela-
ring to-claims under tho said convention, which
he may have received from this government for
the use of the said commission conformably to
the stipulations contained in the third article
of the said convention.
Art. 6. The present convention shall be
ratified, and the ratifications shall bo exchanged
in London, in six months from this date or soon
er-if possible.
In Wituoss whereof, the Plenipotentiaries a-
foresaid, by virtue of their full powers, have
signed the same, and have affixed thereunto
file seals of their arms.
Done at London, tho 13th day of November in
the year of our Lord 1826.
ALBERT GALLATIN,
WILLIAM HUSKISSON,
HENRY UNWIN ADDINGTON
Report of the Secretary of State.
The Secretaryof State has the honor 1o re
port to the'President, that payment to flic U-
nited States, has this day been made by the
British Minister of.thtt sumof $602,480 agreea
bly to tho third article of-the Convention with
Great Britain, signed on tho 13th day of No-
vcniber last, that sum, being the first moiety of
the gross^akiount, s t^‘}a’^^fr^ Britaiu
Convention beticeen the United States and
Great Britain concluded at London, 13th
November, 1826. "
Difficulties having arisen in execution of
tRc Convention at St. Poterxburg, on the' 12th
of July,'1822, under the mediation of ltis ma
jesty the’ Emperor of tdl : the Russians, be
tween the United States of America and Great
Britain, for the purpose of carrying into effect
the decision of his imperial Majesty upon the
differences which had orison between the said
United States and Great-Britain, on the true
construction and meaning' of tlie first article
of the Treaty of Peace and Amity concluded
at Ghent, on the 24th day of December, 1814,
tho said United States a'nd his Britannic Ma
jesty, being equally desirous to obviate such
diffieiditiei,nave respectively named Flonipo-
tentiuries' to treat and agree respecting the
same, that is to say: "' ’
Tho President of tho United States of A-
merica has appointed Albert Gallatin, their
Envoy Extraordinary. and Minister Plenipo
tentiary to his Britannic Majesty.
■ .And.bis;Majesty the King of tho United
Kingdom of Great Britain and Ireland,.the
Right Honorable. William Huskisson, a mem
ber of liis said Majesty’s most honorable' privy
council, President of’tho Committee of Privy
Council for Affairs of Trade and Foreign
Plantations r -£hd Treasurer of Ids said Ma
jesty’s Navy; and Henry Unwin Addington,
Esq. late his Majesty’s Charge d’Affaires to
tho United States of America.
Who after having communicated to each oth
er their respective powors, Found to ho in duo
and proper form,have agreed upon and conclud
ed the following articles:
." Alt, 1. His "Majesty the King of the Uni
ted Kingdoms of Great Britain and Ireland d-
grees to pay, and the United States of A-
merica agrees to receive, for tho use of the
persons entitled to indemnification and com~
pensation, by virtue of the said decision and
convention the sum of 1,204,960 dollars current
money of tho United States, in lieu of and in
full and complete satisfaction for all sums
claimed or claimable from Great Britain by
any person or persons whatsoever, .-under-tho
said'decision and convention. •*?
Art. 2. The object of the- said Convention
being thus fulfilled, that the Convention is
hereby declared to be cancelled and annulled,
save and except the second article of the same,
fiflteu of, aud in full complete satisfaction for
all sums claimed or claimable from Great Brit
ain under the decision of the lato emperor of
Russia, and the Convention to carry it into ef
fect, which was executed at St. Petersburgli,
oh the 12 th day,of July, 1822. A process ver
bal was made of the manner in which the pay.
ment was effected' of whicbacopy accompanies
this report. The sum has been paid, and de
posited in the office of tho Bank of tho U. States
at Washington, to tho credit of the United
States, and subject to the order of Congress.
All of which is respectfully submitted. ,*
jj' CL'AY
Department of State, January 15,1827.
Department of State, Washington, Jan. 15,1627.
On this day, in consequence ofm. appoint
ment made by an exchange of official,notes be
tween H. Clay, Secretary of State, and tho
Right Hon. Charles R. Vaughan, His Bfi-
tannic Majesty’s Envoy Extraordinary and
Minister Plenipotentiary,’Mr. Vaughan attend
ed at tho Department ofStateandin pursuance
of tho 3d article of the Convention concluded &
signed at London -on the 13th day of November
last between the Unitid States and Great Brit
ain, paid to tho Secretary of State the sum of
602,480 dollars, being ttto first moioty of the
gross sum which Great Britain, in tho afore
said Convention, stipulated to pay to tho United
States; which payment, in presonce of Daniel
Brent, chiefclerk of the Department of State of
the United Sratcs, and Charles Bankhead, His
Britannic Majesty’s Secretary of Legation,Vas
made by a transfer of a check or order, for that
sum, drawn by tlie Bank of tlie United States,
in-its office of discount and deposit in the City
of Washington, in favor of the said Vaughan:
Whereupon the said Clay, Secretary of State as
aforesaid, executed,in duplicate a receiptof the
said sum and delivered it to the said Vaughan.'
., In testimony of all which, .this peaces verbale
has been made and signed by the said Clay and
Vaughan.
H. CLAY, V I?
charles r. Vaughan;
Done in presence of -
Daniel Brent,-
Charles-Bankhead. •' \ >
JUDICXAL.
From the New York Evening Poet of January 3.
Thp following remarks were made-yester
day by Judge Edwards, preparatory to passing-
sentence on tho parties convicted at .the lato
term of Oyer ana Terminer:
_ You having been convicted of the conspira
ciesto defraud for which you have been in
dicted, it has now become tho painful duty of
thp Court to pass sentence upon you. With n
view to a correct discharge of this ’duty, and
that we might not inflict any unnecessary suf
fering on tho one hand, or fail in meeting'the
demands of public justice on the other, we have
bestowed our full and' deliberate attention gp
the facts'developed in tho courso of your
and on every circumstance which jias prejeu
«d itself to us, either in extenuatipn or agg^
tion of your offences. . In.arriving at a iej|*
we have also considered what is due to ^
great end of criminal justice—-the safety of f0<
ciety: and in consequence of developemem,
within the last six months, of the frauds whirl
have been produced upon this community L
the agents of inouied institutions; this conside.
ration has pressed itself most powerfully up,),
our attention. -Even during the trials which
have taken place at the present term of thj,
court, we havp witnessed displays of depravii,
on the part of the agents of.monicd institution,
of the most appalling nature. As common „
crimes arc in all great cities, yet this comm,,
nity was not prepared to expect from the dm
of socioty to which the perpetrators of t| ieg
crimes belonged, such a buret of iniquity^,
J ’heso. offences have Imcn characterized ty
reaches of official and public, confidence; h
a course of deception and misre^resentatici
long and systematically pursued, and by injo.
rious and crafty devices which no ordinaiy
prudence could guard against. Nor was tbj
all. Among tho actors in thoso scenes woq
some of the principal agents in the management
of monied institutions., and they have bet,
found-actually combining and conspiring toge.
thcr for the accomplishment of their nefiuion
purposes.
rrom conspiracies composed of men ef sj
much talent, availing themselves of their high
standing, it is not surprizing that-they should
have swept society as with tlie besom of- de,
struction. When crimes of sucli a character,
attended with such destructive consequence^
abound, it behooves the tribunals of justice .tt
gather themselves up to meet the occasion and
to-extend, as far as in them lies, the protecting
arm of tlie law. *. •
Our monied institutions are the repositorie,
of the wealth, not only of our owh citizens, but
those of other states and of other counties, ft
them arc deposited tho hard earnings of the
industrious and tho frugal; and extensive de.
predations upon them, must necossarily bo at
tended. with a train of heart rending suffering!.
Considerations of public policy apply in tha
city with peculiar force iti favor of guarding
thoso institutions. This is the emporium of
the country. Here, to a great extent, is enter
ed the wealth of the nation. For tho purpose
of rendering .this-wealth subservient tqtho ad
vancement of the general welfare, experience
has shown that it is vory important that it bd,
to a great extent, vested in such institution*.—.
But nothing is more cortain than that they can
not exist, but undor the guardianship of uncor
ruptible agents; and so violenfaretho tempta
tions for the commission of frauds upon sud
institutions, and such facilities are afforded the
agents for their perpetration, that, considera
tions public of policy .-callloudly, wheneversudi
cases occur, For tlie infliction of exemplary pup.
ishment upon the offenders, IF wo.'pass froa
this general view to your particular cases,” u
find but litdo'to mitigate your punishment. Tt*
mischiefs.whiebyou have contributed to bring
upon society, .were many' and extensive »
their operations. Tlie United States’ Lon-
htirri A^ lf ”‘"iinn tin 1 nnt at tho time o
• «s Jailuro, and which If.tvSs: uhableto redwa;
to the- amount oF six hundred thoiisaad doJaa
Aud the Sun Fire-Insurance Company lost twi
hundred and forty thousand dollars of its funds.
"'Whether, therefore, wo consider Voiir offen
ces with, a view to the depravity Ihey.indicate,
the sufferings they have brought upon society!
or the future safety of tho .community, we ate
most sensibly admonished of our responsibility
to the. people who took for protection fo ihe
laws, which we arc called upon to administer,;
and- arc penetrated with a solemn conviction;
that thcro is no dOiirse 1 loft us compatible witli.
Our duty, but to inflict exemplary punishment
upon you. ' .
The extraordinary character- of'tho case?
which we arc called to pas3 upon, lias left tlie
court almost without precedent to guide ‘ its
discretion. In one case,'however, whichWas
brought before the court withi.i the last year,
we took occasion to observe that in fixing tlie
sentence, we intended distinctly to give die
public to • understand in what 'estimation Ve
held such crimes.
In contemplating your cases we have con
sidered your former standing in socioty;. yet
can perceive in it nothing to entitle you to our
clemency.. The miserable sons and daughter,
of vice may plead their ignorance and their ne
cessities, 'and to such effect as to draw tears;
fromrihe eyes of justice while she strikes. But'
your talents and station in society afforded you
a commanding view of your diify, and pat it in
your power to obtain by honest means a respec
table support. If your punishment wero to be
measured by the sufferings you have produced,
it would be difficult to fix limits to it. If we
consider your punishment with a view to the
character of the offence, the stern dictates of
justice forbid that we should falter.'" ff with a'
view to the future safety of society, experience
raises her monitory, voice against ydii.
But although nothing can be said in justifies-;
tion or excuse for your conduct/yet your of;
fences are far froin being equally atrocious.—
The. circumstances attending the obtainment oi
an affidavit that tho whole capital slock of the
Madison Insuranco Company was paid .up,
when not a dollar of it was paid, and then oh-,
taining a certificate of full stock to the amount
of one hundred and seventy-fivo thousand dol
lars, and palming it off upon the 'Sun Fire In*
surarico Company, was an act of atrocity which
colls for tho severe animadversion of tho Court-
This• fact strikingly distinguishes the casc.of
Charles Mowatt, from that of nls co-conspira*
tors. Tho making a similar affidavitby Tlionw 5
Jfyatt, relative to the U. States Lombard Asso
ciation,, that all tho stock was paid for tothc.*-
mount of$300,000,when in truth but 5.percent,
was paid, was an act of similar character. A' 1 ;'
to this, fo his caso, is superadded tho fact of l» s
signing and assisting in putting off tho bonds of
that company upon tho community, -in A*
courso of ten months, to the amount of on*
million of dollars; six hundred thousand doll®' 9
ofwhich remained unpaid at the time ofit?
uro.