The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1843-03-15
United states Circuit Court,
Before Judge Belts.
TUESDAY, March IA, ls43.

thus ESTABLISHED as have ndeavored to mainain that
Congress has absolute power OF declaring what
committed by persons belonging the navy shall be pun
ished and in what manner and by what tribunal they
shall be tried it next remains to consider in what
has the constitutional of Congress- in relation
the subject been exercssd and in to determine this
will be necessary inquire first what jurisdiction has
been vested in courts of civil jurisdiction and secondly
what jurisdiction has been in courts martial Our
attention must first be turned to the act commonly called
the judiciary act" OF l789. And here before proceed
the observations intend to offer relative proper
construction it may be proper to observe. that it is this
law alone with or two exceptions which declares the
jurisdiction of the courts Of the United States which
the object OF the act TO establish and create and that the
subseq laws declaring and defining crmes and often
ees, that are punishable under the laws of the States
usually silent the tribunal by which these crimes
and are to be tried and punished and they leave
the OF that rule to be ascersned by
to thu previous act in relation the judicial power
In other words the laws OF $780, and the of 1926 which
defined the crimes to be punished generally silent
to the court nwhich they be tried the
the question the which has the authority
judiciary so Now my oS.ervscn in eIaoa to this
law s that 1T clearly an exercise of the Of Con-
ton. It's whole object the establishment of those
courts by the terms of which article Congress
authorised to create And consequently, the general
terms OF the act broad and extensive they are
must be construed with the limitations the
article Of the constitution from which the authority to
pass the law was derived. They to give
any Jurisdiction whatever that not constitution.
ally given under the Sd article of the constitution ad
mitted yesterday and repeat now, that 1t cannot be
doubted that Con under this general authority and
in the exercise of their penary Iuss for
the and the
right punish the offences created under the exercise of
that authority in the courts Of the United States They
might transfer if they pleased the whole jurisdiction
offences nitted in the and courts Of civil
jurisdiction and make that separation hch adver
sares contend between those offences purely military and
affecting the discipline navy and those wholly un
connected with it, Let whether any such thing
been dose In the first place the very title Of the act is
worth our attsntionAn act to establish the Judicial
courts OF the United States in other words to de-
clare Ia what courts the Judicial power of the United
States created and defined by the 81 article of the
nfInp he uoataI alwe ION of oNt
that relate to the criminal Jurisdiction of the inferior
courts which are established in it, the oh and 18th
The 9th section provides that the District Courts OF the
United States shall have cognzance OF all end Of
fences cognzable by the United States committed in their
respective districts and the high Now, these
terms in their literal extent, embrace all Offences
matter by whom committed that cognzable under
the authority Of the United States well committed
BY persons in the army and navy, by Others ifthe
terms OF the law to be construed in their literal
int.n.. But ask is the Court prepared adopt that
sructon Can the Cour believe that by the OF these
general terms they intend TO transfer to the District Court
the ial of all crimes and offences whatever,
whether committed by citizens in the military
and naval service of their country If such be
their construction this consequence would ollownot
tha tn District Court has Jurisdiction of c~rsn crimes
committed within their admiralty an marine ursdc
ton, but Of ALL repeat it. The consequence would be
that they woui have jurisdiction of ali crimes whatso
ever committed on the high for there is nothing
whatever in the words of the by which the intention
of Congress to except any class of crimes whichever
be inferred. Now, submit 70 the Court whether il it
had been the intention OF Congress that the Jurisdiction
thus given to the District Court and the remarks
Court 1t had been conceived to he possible consrnc-
ton OF the terms that they would he considered
bracing offences in the army and navy, whether the
cessty of excepting certain class cases. not
have occurred TO them They could not fail to perceive
that such limitation had been adopted the authority Of
courts martial disappeared and as necessary coDse
quence the discipline of the army and navy, and
their existence annihIlated The 18th section
defines the criminal jurisdiction OF the Circuit Court
and gives it exclusive cognizaDce OF "al and
offences cognzab!e under the authority of the United
States" exception all the army navy
"exCept where different made the
the laws of the United State shall otherwise direct"
contend that this clause imr lies a Limitation of the gene
raj power in favor of the Courts Martial 1t is my
ention however at present to consider the effect Of this
limitation rely en- the position tn the same exceptions
to be made in this clause in the article OF the
sthution will now proceed to the consideration of the
Crimes act 1890 But before attempting to reply to the
observations OF counsel the other side the
meaning ofthe section il necessary to repeat obser
vaons as TO the general construction Of that law It's
general object beyond doubt is TO define those crimes
and offences of which the of the United States in
the exercise Of the jurisdiction given them by the judci
airy act should have cCgniZance. Generally speaking,
your Honor aware the section creating the crime
is ehtirely silent the court in which to be tried
crimes created by the act Of go should be tried in
OF civil jurisdiction it is impossible to doubt II then the
object not to extend the jurisdiction which was al
ready given then the general terms ofthe act OF 80 must
be construed with the exceptions of occurring
IN the array and navy have shown to be applicable
to the article of the constitution the relating
to the Judiciary. might my self from all further
of the true OF the act of 90 and
have right say had been efnitively settled by
the court Of authority and that was no longer
permitted to your Honor any other of inferior
that which the court of highest authority has already
adopted REFER Honor will at understand the
OF the u States WINS in the Ord of Wheaton,
which the opinion Of Chief Justice Marshal is given
as an expression OF his undivided views in regard the
construction Of the act of 1890 but declaration ofa
judgement OF the court declaration proper Cor him
to mako deciding the before the for is
true the opposing counsel has asserted that the remark
was only Incidental and he'd no application to the decision
of the Mr.. then read the opinion of Chief Justice
Marshall, which is as follows =" That government
which possesses the broad power Of war y which ma
provide and maintain navy )" which "may make rules
for the government and regulation of the land and naval
forces" has power to punish offence committed by
marine on board ship 81 war; wherever that ship may
lie Is proposition to be questioned by this court
On this section the sth the enquiry respects
the extent of the of Congress- but the extent
which that power has been exercised The objects
which the word ptace" is associated ALL in their
ture, fixed and territorial. fort an arsenal a dock
yard, magazine, all Of this character When the
sentence proceeds with the words any other place
district OF country under the sole and exclusive urs
dicon OF the United States the construction
sistibe that by the words other place." intended
another place ola similar character with those previously
enumerated, and with that which follows. Congress
might have omitted in its enumeration similar place
within its exclusive jurisdiction, which com
pretended by any Of the terms employ
which other might he gven; and
therefore the words other place. district country
were added but the context shows the mind of the Legs
laure to have beon fixed objects similar
cnarscter This construction strengthened by the
that at the time of passing this law, the Uue States did
not posse,s single ship OF 1t may. therefore, be
reasonably supposed that provision Tor the punishment
OF crimes in the Navy might be postponed until
provision Tor navy might no made While ing this
view Of the subject. 1t not entirely unworthy orensk
that aerw ards when navy cresed and Congress
did proceed to make rules for its regulation and
ment jurisdiction given to the Courts OF the United
States, OF any crime committed in ship OF war. lying
within the harbor oil Boston is cognzabls the Cir
cui, Court for the dsic, Of Massachusetts; which OPT
mon Is to be certified that Court The opinion OF the
Court this point believed to render ii unneces
sary to decide the question respecting the jur,s
dcticn Of the State Court in this case" Mr.. d
contended at length that the views of Chief Justice
in
suggested by the and that mis- opinion that the
out OF the Jurisdiction of the civil courts His
opinion could have sed this ground alone hal there
been other. And here remark, continued MIR. D.,
that the court carefully reraned from the expression of
any opinion as to the construction of that clause
tuition, but simply affirm the vessel on board
which the offence had been committed, place