The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1843-03-21

only Incidental and be carried farther than
proper to remark, that in the statute the pow.
originally stated to embrcce the direction
Of the operations o. the navy and army. as to obvate
the possible construction that the power extended only
the forces in their aggregate Character The
omitted this qualifying clause obviously superauous
The alteration was, however, Significant in the sense
stated. 1t would be- artif isl AMI aimed
meaning to attach TO he terms regulation of he navy"
any other idea than that II extended TO the ndiv duais
power to regulate city or nation necessarily Implied
power the indivi ua subjects The grand total is
embraced in the term forces but SO are also the n'r
ments- armiestiv sons- brigades-companies--s
nsls SO also with respect the naval force" which
included fleets --squadrons--ships --boats crews.
The inconsruity commended for between s,vt a Inc
palpable it is no than suppositous and nteren'
tia and accordingly reaches farther than to rase
doubt whether such power exists in Congress The
Court therefore decided that in respect to the Circuit
Court and the of the Grand Jury the act Of Con-
ton gives exc usve jurisdiction Court Martial over
the homicides complained OF in this case The comps'
offences the high in United
States ships of war, cannot be Questoned the whole
ground of inquiry s has that jurisdiction been given TO
in express terms necessary ation by act OF Con-
gress7 The arguments that branch OF the had
been both sides exceedingly thorough and clear But
gal ability with which that part of the argument
conducted not necessary to examine for the pur
poses Of the present decision The brief period which
the learned Judge could devote to the preparation
of his opinion, obliged him to confne himself to
little more than the an:unciation of the
mted Congress intended to legislate tor-Q offences
against the law of nations ( Violations OF the laws of
the United States, within the limits Of their Jurisdiction.
(3) Piracies and felonies the high ) Offences
committed in the army and navy and militia, when in
tua service in the United States The learned judge then
went show that the Law ing tho intention
of Congress to legsate for these Offences be taken
in its extended and limited construction that the
TACT that In no during forty year: exssncs OF
in the navy of the United States strong evidence
in support of his view OF the law The naval code had
hoon
for quarter of entury when the act of rs passed
The presumption that Congress had designed to in
terfere with the settled of law would have been
plainly expressed In his opinion, therefore, neither of
the acts those OF 1925 and 1885, to the Circuit Court
jurisdiction over the crime of murder committed on board
ship OF war, and trable before a courts martial
The general result, Judge Belts concluded, i shall
now give and in doing SO only discharge duty de-
vovDg me to advise you The law does not invest the
Court with right to direct the Grand Jury what pro-
ceedngs they take what they to refrain from
1t mast be submitted your judgment whether not
you will conform to the opinion in respect to the law,
which the Court now lay before you. Whatever your
decision may be in this respect, gentlemen, the Court
will acquiesce in it, and receive it with the greatest
respect.
The questions you have submitted to -
they to make inquiry INTO any offences committed on
seas 7"
This very broad and general inquiry going entire
ly beyond any facts submitted to me- existing in the
complaints before you. 1t is enquiry whether this
beard ships Of the high seas and includes the
alteration also whether the jurisdiction
over offences committed by others than hose connected
with the naval force have, however, prepared an
swer to that inquiry.
) The second inquiry ia" If is 1t the province Of
the Grand Jury to inquire into the offences alleged to have
been committed by Captain Mckenzie, any other per-
son on board the u brig Of Somrs complaints Of
which are submitted1 !"
This includes al the consideration of the of the
seamen On board that Ship whether you to inquire
into the alleged muny, and apply the laws of the United
States in that case made and provided.
Inreply toyour request Tor my opinion these que'
tons, state
a. The Grand Jury has jurisdiction to iudic persons
not belonging to the navy for offences committed the
high seas on board ships of war; and also think they
have power to ndic belonging to the for
felonies committed on board vessels OF the high
seas when such eones not within the Jurisdiction
the Courts Martial
(2) The Grand Jury hes authority to inquire into
the homicide charged to have been committed by Captain
Mckenzie on board the U. s. brig OF Somers into
the offence OF munous conduct of any of the Of
that vessel
After the delivery OF this opinion, few friends of
Mckenzie applauded but instantly checked by the
crier.
The Grand Jury then retired and shortly afterwards
returned and informed the Court that the complaints
against Capt Mckenzie and Lieut. Ginsevoo had been
dismissed on account of want OF jurisdiction"
The Grand Jury were then discharged with the thanks
of the Court.