The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1843-03-10
United States Circuit Court,
Before Judge Belts

Before Judge Belts.
MARCH 9.-1he So'ners Iragedy.-The Grand
Jury came into Court this morning and in accor-
dance with the advice of The Cour, ua 90
brought in the following oues,;on ~ yes.eluay'
.e uana Jury any Jurisdiction over or arethey
20 make n9uy n.o any ehences committed on board of
a y. .p ~, u WHILST on the high seas II 80,
men province 20 enquire INTO the offence alleged to
- Ga hd c, ~ ~ Gal mchenze or any other
which are herewith submitedf'
Accompanying this question Alderman Purdv
the foreman submitted three bills or comnla;nIs'
the frs, chargino Com Mckenzie viii ,h PI,
of Ph;ln Snsnnsr ,he second nbara;n 'G murder
;,h np =; The nasa ~ Esh ,o same
the third the same IN the case OF Samuel Cromwell.
The bills stated the names OF the witnesses and that
they were now in enhance to be examined by the
| Grand Jury
| ,p u;,,u $500. 20 ,o.;..
JUDGE BETTY uSual IN al cases OF quesuons pre-
% 70 UGuir oy tue urana Vr nG 70
H ali S s ; y; anu wasoas ;.h ;.
On al occasions TINS course can WIN pIoPrety
a:s 90 e IS:sos peseh.ea sio ~. a1eu VIII
ha =, ,; ,ht IN ,; .i ID ~ u'
-. - ~ - ~ 70 % aoo'i 10. Oh. u''
Th a;., S .n; r. a .; 0on s i:;.S =
tbe laws "i the i1ad states d ~ ~ h anu Dy
S aantoS 20 NV % M sHaen. Inc case
, paa 20 md, GI oh one OF
SsuaI nn,, S 49,, h . IsS I ois untn.ouy Inc
hills as thev nav desw rrnner od 60 LING Az sucn
sds ,b es,; ay anu ,or Inc Cour. 70 con,
=, ,h 80 Ja. g. 81 III, a..ei waIus Dut shaii
advice asked for in advance of action bv the Grand
And consequence ofhe great OF the matter
presented for my consideration shall call upon the
District Ct. attorney TO give his views upon the subject and
shai aiso uhora an opportunity 10 the other side any
person So n W,snest0 .t pe heard
NAV II niease the Coyrt ~ ~ nnu ysen P,aGen'
meIt. have already exrrsssea ny ;; pre tu
the right Of nourv to the Grand Iur Inc th mater
before tbem And would not oniv ny hue h
unreasonable to expect me now to turn round and argue
are in attendance on the Court Who
to submit an argument in favor Of the RIGHT Of ur;sct;ou
The fac facts ''''' " ''F jury MI motifs Gun ''ss
Messrs. BUTLER oCo,,on-we annear here fort The
nart;es comnlanjnp and are nrenared ~ shm, on ara
p mat unon H. auas,;o ~ Popeu " suo' III ais"-
Mr.. Horrm.sUI Understand that Mr. Mcu.n,. no,
b % gut 'r n mu oo =" 20 oeEae wnetns. VIII
feet indifference IN nv self ho, course ota
| In the argument.
Messrs. BUTLER and O'CoNNoR-N il altogether more
agreeable US, and indeed what wouldIask were it
proper for make tho request to have present the
counsel of Messrs Mckenzie and Ganseyoort II is far
from desire improve even an accidental advan.
tage.
Mr. HorpM.N-It is quite indifferent TO me whether Mr.
McKenze counsel are present or not only mention the
fact that there are such counsel and is for the Court TO
saw when or under what circumstances the srgument
shall be heard
| The names of Messrs Robinson and Duer were men.
toned as Mr.. McKenzie's counsel.
Judge BETrs-We will consider this subject and hear
the arguments tomorrow morning; to which time the
question will stand adjourned The Grand Jury can at.
tend and hear the arguments if they see fit.
W. s,h; fro,,, ono &c ,t -
o,,s =. h H., Un; VI We tveninE paPers wnat
u
me question OF Jurlsdicton now at issue Notwith-
standing 1t Is extra judicial, yet il is entitled to great
consideration, and will undoubtedly have due weight
In the opinion of his Honor Judge Retts II ;s cor.
tainy gwen at an important crisis in the invesra.
t;on 1880 " ~ '"e"
WI" Co..
Cantain Mckenzie ia IN traI hse,ro Nor., c.,. nx
ua, upon ona,ge OF murder, committed on the high
siaonocwar Somsrs TIN t;I y, sne Unnea Sta.es
the U. ship North Carolina and has been pending for
tried before Naval romrt NJ Enn au veeI pevloasy
and acquitted n is stated tha, i. a IKE
f.rred soa;nst canto;n Mcxan; Srr AZ ss pesi pre-
Is; ,S G;;t ps r w NTnh,e ps,ore the Grand jury,
Weu yorS IN d ~ me h Uned e;aGs, now suing
!; d M 40 o ae sans slege crime NY opinion
Cor Of th it5 ss. %ne,nsr a Dsrlct or Clrcu
o nSer M can ase
Vi 'ne charge unoer 'he ABOVE circumstance
OPINION.
In this same case Of Captain Mckenzie. Judge Belts of
the District Court Of the United States weeks ago.
left as doubtful unsettled question the Cir
Crimes Act of March 3d. 1895, concurrent jurisdiction
with Courts Martial, over offences committed board
of the eleventh section The Act referred TO- that
the powers OF Courts Martial were not abrogaed or
ana inat was doubtful whether the Courts Of
their Jurisdiction
First consider the better opinion to be, that crimes
actual service OF the United States board their
vessels OF war; and duly commissioned and claiming to act
dction ofthe Courts OF the United States The fitting and
peculiar cognizance Of such crimes and offences lain the
OF April 23d 1900 which created Naval Code of Martial
Law, Tor the trial and punishment Of crimes and offences
committed IN the naval service OF the United States It
has been from the beginning an adjudicated and settled
principle IN the jurisprudence OF the United States that
the Federal Courts have no criminal jurisdiction but
what is expressly conferred upon them by acts Of Con-
gress NOW there Is no statute any where giving express
jurisdiction to the Civil Courts of the United States
crimes at sea in the United States Navy The enacments
IN the Code Of sOO cover the whole ground by the
detailed and SPECIFIC provisions for the punishment Of
crimes committed in the United states Navy, by Naval
Courts Martia which have Jurisdiction to try all crimes
and ohences whatever SO committed and 10 acquit
convict ana award the highest punshment known to the
law me crimes Act OF 1928 intended to interfere with
the Code OF discipline and transfer it to the Civil
Courts the intention OF Congress would no doubt have
been expressly and clearly declared Such fatal inter-
terence as IL would be even to give concurrent ju-