The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1843-03-11

of the authority to provide and maintain nav and
make rules and regulations for its government.
And when that survey and comparison are made
apprehend that much and only much as this will
be found to be left in the constitutional of
and that shat when these feones committed out of
the territorial jurisdiction of the United States and when
it becomes expeden and necessary in the Judgment of
those to whom Congress commit the discretion 10 institute
courts martial for the trial of those offences before the
vessel which the accused belongs to the United
States be DONE The opposite counsel have right
to the benefit Of this admission and we freely make IT,
For we understand these questions and of
we desire to present them exclusively their true form
and to discuss them by the application of the
legal logic we so regard the nature and of this
power. And if the concession have new made will
go the length OF maintaining the right of Congress to
rial limits of the United States under the yerv eve Of the
Judicial power OF the United States for the purpose of
trying offenders who have been brought within the terri
toria limits OF the United Stateswho tread their soil
for offences alleged to have been committed on the high
seas why then let the jurisdiction claimed by the other
side be established But before your Honor establishes
that implied power and only as such can il be es
tabshed must be shown think that II is appropriate
and venient and useuconducive purposes for
which the implied power was granted II must be shown
under all these circumstances that there is neces.
sy and proprsty in depriving person of his right
although in the extraordinary position of this case the
objection to trial before the civil tribunals by jury
Alright esteemed SO sacred and which the people of the
United States thought not sufficiently secured in the
stiuon as originally rafed-and the demand that all
these safeguards should be disregerded from the
counsel Of the party entitled 10 all the benefit of these
safeguards, yet shall make single remark on the
conclusions which might not unreosonaby but naturally
be drawn from such remarkable circumstance AT ano.
Their time may advert to this point But now have
right to maintain that the jurisdiction for which we con.
tend one which Commander Mckenzie has no right to
set aside. We make the claim for HIM hope not
to Cypress him. We do II in the discharge Of
our professional duty, to those for whom we act
trust do not need that ardar from desiring go
single hairs breadth beyondhe fine of duty
are no considerations, which would tempt us willingly to
go beyond that line; and equally confident that
say Tor my associate az do for myself that there
considerations which could ever induce to stop one
short of the line Of duty This part
the discussion presents question Of the deepest gravity
and Importance say Commander Mckenzie has no right
to waive his claim on the protection Of the civil tribunals
lie has no right to give the Jurisdiction Of his case
into the hands OF a navel court martial, II the
law do not invest that Court with H. IF in
point of fact that Court Martial has no jurisdiction on
his case then who maintain that he should be tried by
nury OF his peers, defending the rights and
the Substantial and permanent interest," not only OF the
civil community but oftbe navy itself for put IL TO h.
Court whether IL is possible that the people OF the limited
States will maintain navy, IL they find that the main.
enance OF that arm OF Defence they Obliged 10 sacr
fee the essential principles OF their constitution Won
know, your Honor, they would not II was only by It's
fighting itself into popularity, that the navy Of Tho II
States succeeded In reaching its present orce and there