The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1843-03-12


NEwsMEN and PERIODICAL AGENTS, through
out the country will please to transmit post paid their
orders to the undersigned at early day as possible
Subscribers in the country renting So post paid, VIII
JAMES GORDON BENNETT,
PUBLISHER THE ARTIST " MAGAZINE
HrRALp orFIox, North West corner of
Fulton and Nassau street.
The SoMERs TRAeEDY-The legal proceedings
in this are the subject Of universal interest and
attention. And they should be so. Questions of
the greatest magnitude, and in which the rights OF
every American citizen is involved, enter deeply
into this affair in the new aspect which 1t now pre-
sents 1t is matter of rejoicing to every friend OF
justice and the fundamental principles of our glo
rious constitution, that these questions under
going discussion before an honorable and impartial
tribunal, in whose equity and competency the whole
nation must repose with confidence. A great ques
ton has now come up, and it cannot be settled too
soon, nor too definitely.
What is that great question! 1t is simply whether
the grand birhright of free people-the very cope
stone of the temple of liberty-the right to trial by
jury, Is to be sacrificed, at the behest Of naval
commander. This is the all important principle in
volved in the discussion pending before the Cir
cult Court of this District. And this must not be
Iost SIGHT OF. Inc WnOe argument Is narrowed
down to this simple and intellgibie point. Can Ma
val Courts Martial take out OF the hands of the civil
tribunals the trial and punishment of offences which
do not grow out OF the naval code and for which no
provision has been made in the rules and regula-
tons for the government of the navy, but which
has been the contrary placed by the express pro-
visions OF the Constitution, carried out by Con-
gress, under the jurisdiction of the civil Courts?
This is the question Invested of all technicates and
legal obscury although indeed it is hardly possible
for legal ingenuity to surround it with any diff
Guilty
The argument of Mr.. Butler, was elaborate, COM
prehensive, and characterized by all the clear
ness and sound legal logic which distn-
guish the forensic labors of this talented
member of the bar II is one of the most important
speeches delivered before any Court in city,
and we have determined to present 1t in full before
the public. We have given the first portion of it in
yesterdays paper, and frem the manner in which
that has cen reported, our readers will need no as
surance that the whole argument will be published
by us, with literal accuracy and completeness. In
to-monow's paper the concluding portion Of 1.-The
gument will be given
The bullying manner in which the defenders of
Commander Mckenzie, the Courier and american,
have attempted TO browbeat the Court and Grand
Jury has excited great deal of dsapprobation, and
very properly alarmed and annoyed such of the
friends OF the gentleman placed in such difficult
and trying situation, have the of sound
judgment, land estimate the effect of such intem-
perate and irrational conduct, on the public mind.
The course pursued by the Courier in particular in
relation TO this case has been most unreasonable
and foolish. 1t has attacked, with characteristic
Juror, every one who has expressed different opin
ion from that entertained by it, respecting the
duct of Commander Mckenzie; and with even more
than its accustomed disdain of reasoning or argu-
ment, it has pronounced the most positive opinion
on every question which the case presented. Does
the Courier really imagine that people are unable to
treat such conduct exactly as it meritsl
We shall give the whole of the arguments in this
case, and in the meantime the most careful atten-
ton OF the public to them although that Invitation
can hardly be necessary. No man who values con-
stitutiona liberty, the settlement, legal and
equitable principles, of question which involves
such momentous considerations, surely lneed to
have his attention formally called to this discussion
The question simply is this-and it cannot be too
often repeated too strongly impressed on the public
minds the great constitutional right to trial by
jury, to be abrogated In the case of military and
naval men9 Is this sacred right to be trampled I'M
iOOtf Are tne Tlgnts lives oil our SeaTnen 10
be deprived of those safeguards, which the wisdom
and philanthropy of the trainers of our constitution
have thrown around them2
Ii is altogether impossible to avoid reference to
the reflections which are excited by the extraordI-
nary spectacle presented at this moment by Com
mander Mckenzie. We have in his case, the unpre-
cedented instances in one day, OF a man contending
with his utmost might, to be deprived of his most
sacred rights. Why does he thus fearfuly shrink
from fair trial by Jury of his peers
The NEW YORK HoTELs.-As the winter passes
away and the spring begins to open, the hotels be-
gin to haw out and put their spring attires like
The trees of the forest. Several Of them as the City
Hotel, the United States Hotel and others, have not
only changed hands and passed under other manage
ment, but they have also undergone an entire in
ternal renovation, with extensive alterations and I'M
Provements. We believe the prices too have been
IN several cases reduced to accord with the general
depression oil the times certainly this is the case at
Howard's Hotel, and if the others have not made
similar reduction, they will be compelled 10 do il
or lose custom.
BOARDING HOUSE KEEPERs-This class Of the
community should be their guard against a set
OF swindlers and thieves, under the garb Of gentle
men, who go about from boarding house tolboard-
ing house. stay day or two, or week or two, as
the case may be, and then decamp, and not only