The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1843-03-14
NEW YORK. TUESDAY MORNING. MARCH IA, lS43.
United states Circuit Court.
Before Judpe Rnffa

MAncH Ia The Somsrs Trassdy.-The discussion
stve 10 the jurisdiction oil the Grand Jury in this
was resumed by Mr. DuEK on the part Of Commander Nc
ana Lieut. danevo0rt, who addressed the Court
Iapproach this argument if the Court please with
deep sense OF Its importance and gravity but
strained 10 add with painful consciousness of my
hsoy 20 discharge properly the duty that it imposes
me-a painful conviction that my examin and dis
custom OF the various topics involves the peculiar
circumstances In which am placed, must be OF neces-
sy imperfect and unsatisfactory the
Court to the clients and to self This unAtness does
NOT solely from the defective that the
time allowed has alone enabled me 10 make but it re-
Salts from feelings that however Just and honorable in
are Calculated to disturb the calm exercise Of
my and TO prevent from taking that clear
and iull and dspassionate view numerous topics
involved in the case. which their novelty and Importance
not their dlfhcuy demand. My relations the per-
son against whom this principal accusation directed
OIL inc mos: intimate charaeter They do merely
arise from his connection with for whom from her
birth have felt the aft ction of athe aud whose
Duct during the painful and unexampled trial in which
she has been involved, not snly increased nv love-
but won for her my just admiration but my relations
with him as frienda friend ho on account OF his mo
RAJ and intellectual qualities holds he is entitled to do,
the warmest and highest place in my affection and
gard are such that impossible that coud avoid feel
ing the deepest sympathy with him and with his. And
ieetng that sympathy, it is impossible that should re-
gard the proceedings that have been instituted against
MIN without the warmest resentment trust just and
honorable resentmenag ainst the efforts the perseve
ring constant malignant eforts-ma1e to Cypress, and
overwhel and crush himto effect his grace ruin
10 oiast his fame and reputaton-and involve him
dhu MS In hopeless ana enduring misery And this indig
nation greatly increased and jnsably increased when
reflect on the sources whence these efforts proceed
upon the motives by which they dictated and the
agents, Instruments and employed accomplish
hepurpose Agents, and instruments that under
the preext OF seeking the public good under ypocr
teal profession of desire to protect the
OF the people, are pressed into the unholy service and
fer moment suppose in these remarks have or can
nave any possible alusion them They appear here in
the open and honorable discharge OF their duty and of
their appearance and conduct in the management of
case entrusted to them, have neither the right the
disposition to complain But to The Court will
II. tptnp
the topics to which have referred This is SO far from
being my intention that determined am resolved
lar as possoeto abandon and renounce them know that
they have no connection With the argument that
CURED to submit know that the considerations
nected with them cannot with propriety be addressed
me JUDICIAL mind OF your Honor and have certainly
dIsposton instead of arguing the vase to your Honor
10 address myself here to the Grand Jury the public.
put although my firm resolve is to abstain IRON the
discussion OF these painful and irritating topics
NOT SO easily dismiss and Danish from my mind the reec
IONS which they and the emotions which they
Cite am compelled to struggle against them. shall
make an honest effort TO control subdue them But
my consciousness that this effort will through
out the whele OF my argument and my fear that
the snort may prove unsuccessful the circumstances,
which in great measure unfit me for the discharge
OF my dnty. That effort will, however, be honestly
made shall endeavor far human inrmity will adj
NIT TO conduct the argument calmly and dspassionate
W win as little reference to the character and situation
Oh the parties concerned, as i'll absolute sran
ger 70 and without being painfully interested asI
s, IN tue result III have right conception OF the posi-
ton IN which the opposite COUNSEL my and my
sell are placed not here the opposing
/
| Court-thsre is question before the Court on which
we as have right to be heard Your Honor has
friends and legal give our counsel as to the uro
per instructions which should be given grasd jury
IN relation to the complaints which have been submitted
10 tnem Ana OF course expected support the
advice which may give by such considerations such
arguments and such authorities may deem appca
PIE anu pertinent And is TO the discharge of hatduty
nope IN some measure with the feeling and with the
consciousness OF the responsibility of aiviserthat
shall proceed. My duty is to state to your Honor
Wnat ADVICE, were placed a
fu examination OF the law and of all the circumstances
oil the would myself give to the Grand jury as an
answer to the inquiries they have made. And what
ever result this examination may lead me, how.
ever different it may be from the views formerly
| entertained by your Honor, which l may lave
reason to apprehend are entertained, it is my duty
| express fully sl the sentimsns that have my self
plant has been preferred sgsinst Commander Mckenzie
and Lieut. Gansevoort, officers the United
slaughter in regard Cromwell and SMALL as neces-
sary or legal result of acts committed by
the brig somers on the high seas during her recent
voyage And the next inquiry is, whether they have
any right to inquire into the circumstances Of the
plant thus made
The CoURr-The capital charge embraces Cromwell az
Mr. DuhR-Yes, your Honor, recoect that il does.
many questions and that in order fully to satisfy the
conscishces Of the jury, end to give them intelligent
direction as to the course they to follow in the dis
charge OF their duty. the discussion should embrace
merely the simple question whether the United
states ha Jurisdiction in any of offences committed
whether that jurisdiction ought to be the par.
ticular case now submitted them or whether they
nave any discretion even the supposi,ion that the
jurisdiction exists, Of Diminishing the complaint In other
words the questions are these Whether this Court has
armed vessels Of the United States on the high seas Sv
the officers or seamen Of the vesselsby persons in the
public service OF the government; and, secondly,
whether the jurisdiction if il exists, is general
| or partial whether il embraces all crimes that
1 may be committed By these persons in thi:
description of offences which the Jurisdiction does not
extend. For 1t the jurisdiction be partial and limited in
its charaote just necessary to state the bounds and
limits OF II as its existence The question is merely
whether they ought to entertain complaint, but
Their it acomplsn in reference to which If the parties
preerrng it are heard they have right to indct those
who are accused And for tie purpose of ascertaning
the right not merely to inquire but TO ndct the parties
the consideration OF the extent and limits OF the ursc
ton Of the Grand Jury becomes Indispensable Nor is
this ALL It may possibly be-ahough the possibility
Honor may arrive the conclusion that not only the iu
rsdicon that claimed exists but that the powers
court are applicable to the case which now before the
Grand jury supposing the circumstances of that
be such as they known to the world the hume
rous publications in relation to them. But still the ques
tlon may arise If the jurisdiction be If
Court Martial has also right to inquire punish
the offence whether the power ofhe be not Of dis
crefionary nature in other words whether whose
Jurisdiction concurrent only has the right
the complaint which is undergoing inquiry before the
other court which has equally the right try punish
the offence charged And these various questions
that intend to submit to the court the views
Honor will find no difficulty in the decision
OF the question. 1intmated, when I commenced nv ar
gument that the difficulties felt in conduct did not nj
all arise from any of the difficulties which II in
wolves For however novel, however important in their
public az well as their private consequences these ques
uons may pe mean to be understood expressing my
hrm and deliberate conviction that they absolutely
Tree from doubt or dhcuy. do not expect by the en-
preston OF this mere opinion at all to convince the mind
your honor state cauddly and openly the purpose
Tor which made mean to protest IN hrine gsinst
the idea that doubt must belong to the subject the
time occupied In its discussion II does not follow that
because it is and proper in the discussion which
your honor has desired OF the subject in all bearings
and because expected reply to the elaborate
mens Of the counsel who me- that therefore the
questions to be discussed and finally determined are in
themselves questions of extraordinary difficulty. The
ceaest truths the most obvious and certain truths nav
be obscurcd either by the arts of sophsry the ms Of
prejudice and time and pains, and delay may required