New-York daily tribune., 1843-03-10

seas While acting Cormanter c t'- lIse 2ta,ts S ~
Scrsrs he trial Is proceeding on board tue y.
shin iIoyh Carolina. and has been pendng ot soi f
pas Captain Mackenzie has been previously ,,n !eu
Naval Court OF Inquiry on the NE cna'ge anr anans
Captain Mackenzie before the Graho 1uty =" @ ~ or
Couri OF the United States now sitting IN q, ~ t
dor he may be Gdiced and tried IN the sa'e Cout m
,h s.ns ais-sd crine Ey cpiica 5 requested on INC
cuesen whether District Circuit Court OF lne unen
St.res can properly take cognlzance OF Tue eh"i u
he d00'e ''' OPINION
!, This sam. c3sn OF Captain Mackenzie, Judge Bet OF
tho nisrct f;ourt of the United States, some weeks ago.
left IT as doubtful or unsettled quesion, whether lne "
cult or District Courts OF the United State ndo uuu i b
Crimes Act Of March I'd, 1925, concurrent "'
Counts h,nriisI oyer oences committed board Ships o.
var II they bad be considered that the gro 81 M ,e
eleventh section the act referred to- 'ooWeu Ial ~.
of nnr,s Martial were not abrogated CT suspended
and that was doubtful whether the Courts 81 etxh @
diccn were under the necessity ot eIercS nE e'e" Ju'
l. consider the better opinion c be, that crimes anu o.,
fences committed the high seas hy person IN 1ne
rjr AZ the United Stats, board one OF their vessel, Oh
and duly commissioned and claiming TO ac under tha
authority are cognizabe under the VI e
T;orr nj the ITpl-d aes. The fitting and peculiar cssni
1a"ra Of men crimes and offences the Naval Courts
Martial instituted under the act OF congress OF p -J
1900 which created Naval Code OF Martial Law, ,ol NC
trial and punishment CT crimes and Guences coi'eu ~
e naval rcire Or The United States u has oeen tu
the berianing an adjudicated anu settled prrcipie i e
iursnrudence Of the United States, that the Federa
ave no criminal jurisdiction but what expressly coneileu
upon them by of Congress now taee IS DO ste.u,e
an, where giving express jurisdiction 10 the Civil Courts
Of lie iTnd states over cna a, sea The United States
~, rha enar,ments in the Naval Cose of 1900
the whole gtcundb by The detailed ard spsc" ,os
the punishment OF crime committed i'll the Uned STATES
Navy nv Naval Courts Martial which haVeJurisucuo W
lry all crimes and offences whatever, so coH!mled ana 10
acquit or TO convict ana AWARD lne niSne'' oH
1.-The Crine, Act 1925 Intended 10 interfere with the
Naval Code OF discipline, transfer u 10 he oV oouit
the Intention Of Congress would doubt have oscn eh
nras and clearly declared. Such fatal interference as
would be even give concurrent jurisdiction 70 'ne nv
Courts ought not 10 elet 10 constructions ana 10 oe
hl !
opinion &c be, tat the jurisdiction OF he aVa Cou.s
lia is the stated exclusive aad that the oos VI M
United States of civil Jurisdiction, have no lawiu c.S
lance of the case Nor ought they have upon principles
of public policy nor would they have without a'ay ln
pairing the authority character and discipline OF me he
can Navy Courts Martha under distinct aDi peculiar
code and which Lord Mansfield termed scn military c0u
which the wisdom Of ages had termed aIi ba code
Ii specified particular punishaieh's lor P!IuCu@a va, @ @
and declared further that all crimes camted oy pstS1 m
belonging The Navy aud not therein speclneu' souu M
purisfed accorng to the laws and custsms IL such cases
at sea- This Is what Lord Mansheld had also oecIeu
when lie observed that when man Is charged ~h an o
fence apnnst the articles wht the articles are silent
agans ussges of the Navy he could only De ea ~
Cour Martial In the naval public service Commanders
must act upon delicate suspicious upon the evidence OF
their own eyes. They must give desperate comnahus
,bsv n,., rerure instantaneous OBEDIENCE naval r.
buna only is capable of approaching all these cfcun
stances, and without that stern dsclplne ana Pelett
mand that The nava! code requires an american r %
would soon bcco,e TO again an expression OF Lou
Mansfield, rebble dangerous only 20 tne!r eHeS' Anu
rrmless 10 the enemy.
=. ii
current Jurisdiction the OF such ohccTs yel hey
lose that jurisdiction, II Naval Court Martial hau PREV
ously taken cogn2ance OF me charge IN .ne CS n;r "
ton attaches exclusively 10 the ore thst hrt assue9
nzance of the CASE tor no man can ne lElen a. .e %
absurd q he 81 acquitted by Naval Court Martial mat
acquta would be good bar TO an indictment ann
the oencei for no person, says the o
the United States shall be subject for the sar ofence
10 twice put in jeopardy OF lie or LIMB he DC On
tria before Naval Court Martial that fact would const!.
dDp in aha
instituted National Civil Court OF CRIMINAL
for the came offence. may oe dec aed dS sctea Prla'
cple and founded the paiaes justice and good sense
that where there tribunals under the same GOV.
ernment jurisdiction, the o tha'
jsct matter conclusive and plea III abatement ei sucha
L,prudes would be available. Were il oerw Se, nan
mi ght not only haras5ed but destroyed in the conhct
between Jurisdictions both claiming him and Try
ing him a. the same Time
In ny opinion therefore, in either point o view OF the
question stated The Circn Court OF he United states o
New Yo.k law ully, nor without great injury ana
injustice, take csgnlzance OF the case staied
New.YorA March,, 1913.
20 Mr. Shortrdge, formerly merchant in
Portsmouth, N. H., but for some time past poor
and subject to occasional arrangement; recently
became greatly troubled by the doctrines of Miller
and had made garb for the Second Advent. The
Boston Bulletin states that few days since, be-
coming impatient, he climcd to the top Of q Tree,
clothed in his robe, and attempting to leap up
ward fell to the ground and was killed.
ly The house of Mr.. Richard McDonRell, near
New Brunswick, N. J ,.was destroyed by lire on
the night of the lst, and one Of his sons, who
lodged in distant part of the house, was con-
sumed in the flames.
DA Concert will be given this evening by the
Franklin Musical Association at Washington Ho-
tel, for the benefit of the Franklin Temperance
Society.
% The dwelling of c. Nj. Clay, Esq. at Lex
ington, KY. was broken open on the 9th ult. and
robbed Of plate to tie amount of about $500.
ANOTHER STEAMBOAT Loss.--The Amazon.
which left here several deys ago for New Orleans,
struck snas or log in rounding to at Neely's ISL
and and sunk which we noticed. The leak was
stopped and the water pumped out, and she again
started on her trip. She struck once more, bu, did
not receive any serious injury. In landing at the
foot of Siwapperta Bar--about 2 miles above the
mouth of the Ohio-she struck stump or log and
sunk In about FIVE minutes in from light to tea feet
water. The passengers were all got shore, and
several of them proceeded in fiat boat to the
mouth of the Ohio The furniture, engine, and a
portion of the cargo will be saved, but the hull is
total loss. No insurance that we have heard of.
[st Louis Republican, Feb. 27.
MURDERER TAXEN.--The Caddo Cred River)
Gazette of the 9th ult states that on the day pre-
yieus wretched looking man was arrested in the
streets Of that place by three Texans, who charged
him with having committed a moss disbelical mur-
der on his son-in-law His name IS Saunders. 1t
seems that few days since Randolph married his
daughter contrary to the wishes of the father, VINO
sen, for his son-n. law, and on RandolPhs arriving
at the place of meeting, he shot him dead