The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1843-03-15
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the intention of Congress had been to saw. th ;,;sd
ton OF the previous Court they would have done so nv
express provision, for the law George II ~a. bss
them and the necessity of similar reservation In favor
fthe Giro ait Co OF the United states could no, h
failed to to them But the counsel asserted Ina,
the Circuit Court was not an inferior Court oil limited u
rIsdction.
Mr. BurLER-I admitted that II was of limited Iursdie.
ton, but dsnied that ii an inferior court.
Mr. DuER-I am not acquainted with any daAntion of
an inferior court. which will not embrace the Circuit
Court of the United States whose jurisdiction distinct
y limited aud whose decisions all subject to hs rev
the 18th section of the Judiciary act The criminal jur
dicon then given to the Circuit Court to remain
I'll otherwise directed by law We pro luce law which
gvess different direction. There still consideration
winch regard as unanswerab and that 10 that wherever
subsequent action changes the nature msde Of pun.
shment an exclusive jurisdiction must of necessity be
gvenor the whole will ofthe legislature Wi 10
me Gharacter oil the punishment must b. Defeated
me aiScreuon OF the Court Martial 10 unlmit,d except
capital cases Why Because offences, which when
committsd ny CITIZEN might he comparatively trivial
become aggravated when committed by seaman or per.
son in the naval service is obvious therefore, that U
the Court Martial have not exclusive urisdct on the oh.
ject of the legislature must be wholly defeated We are
next told that admitting that Martial ha. iuri,dc
ton over murder, Yet they have
and consequently that IL remain un,
within the jurisdiction Of civil Court. II is sufficient for
us to show that such jurisdiction exists in Court
The whole force Of the argument is taken swsy, if
position that the jurisdiction all offences in the
has been taken away from this Court. will not DIV ell
this point; my associate will discuss fully. and
indeed am physically unable to offer more than \
few general considerations If there are any gen.
eral words in the act of 1900, under which Court
Martial would have right to punish the crime Of
granddaughter, that construction will be given by the
er"ev and not that
| teri mean certain kinds Of it Then the question
comes, is the offence charged which
Court martial would have jurisdiction Was it not if IL
legal cruel and oppressive act and are the cruelty
the psry1 Was meant to exclude from the jurisdic.
ton OF the Courts Marital the trial aad punishment Of
sruslty and opPression which have fatal termination
suppose On officer Furnishes person in ac'uel manner
would not be he liable to trial snd punishment by Court
Martial whatever the result OF it might be l
flatiu he in law bear
the definition OF mnnsaughter and be the result Of cruel
y and oppression see possible reason Why should
not BE- tried under that law But besides is provided
in the law of 1900 that all ether crimes not enumerated in
tho previous sections shall be punished according naval
customs and The counsel here attempts 10 show
tina the term crimes" here includes only petty offences,
breaches OF discipline &c hsve uoubt that the Court
whatever their chat aroci,y Besides it is not
acy necessary that the crime should expressly defined
Of this provision of the act of 1900 should have
referred to the definition Of crimes contained in the law Of
$780, would there ha re been doubt Of the jurisdiction
of the courts those offences The clause is wholly
useless unless refer to the provisions Of the act $780,
the clause heedessy adopted from the law
OF George H. The principle is 'nfci ntly settled that
give to any court Of the United states any suihory to
punish offences which has not been confirmed by the laws
of the United States The words utterly worthless,
unless tho construction for which insist be gwen to
them. have now concluded ell the TtmsIks deem ne
cessay with respect to the sct OF 1900 The next ques
ton is whether the crimcs' act of lo25 has ebriged
taken away in any respect the jurisdiction previously
conferred on Courts Martial; and will here relnnIk that
Will conclude the ument by the lew remarks deem
necessary this statute The general object OF his law
and de fne and provide for the punishment Of
those offences ouly over which The civil court. ci TIE u
States have jnrsdicton This consideration is clone
conclusive My next remark is. thst if the in.
| tenton was TO repeal, in any respect, the act
| Of Congress Of 1850, the repeal is partial,
but fetal The-5h section infant to supply detect
IN relation to the punishment Of murder board of
chant vessels in foreign ports and hsrbors and if any
risdotion offences in the navy vested in The Circuit
Court. why the detect hch then have
|
Can reason be given for the cspcious exemption of
jurisd c'ion by the Circuit Court murders commit
ted by persons in the ava in foreign ports
bors1 The only reason is that jurisdiction hsd these
been already vested in competent tribunal The
18th section Of the act is the material Its terms
must be admitted applicable to vessels OF the United
States !, provides for the punishment, the burning or
destruction OF public armed ships Of the United States
would here remark that the al de contained full
provision for the punishment such crime by persons
belong ng to the vavy But provision had been made
for the punishment OF the crime by civil court, when
committed by person not to the service And
the proviso annexed IL conclusive provides that the
section shall in case take away impair the urdic
terms broad and sweeping that contend that their
effect ,mbraces the whole provisions OF the act do not
however insist on this construction not because the
terms would not justify it, bu, because there
sit of excepting in the ormer provisions they
did not apply at all to offences committed in the navy by
belonging to that service The 22d the
act contains also some provisions referring 10 vessels be-
longing the United states. provides "That spy per.
persons upon the high seas in any Of the
in any river, haven, creek basin bay within the
admiralty jurisd of the United States of the
sci belonging in part in whole the u. States or any
citizen or citizens thereof SHALL with dangerous
by any possibility apply to vessels Of the
navy7 Not at all But the government may acquire a
transports It possible Otherwise to account for the
introduction OF these words contend to such verse
not belonging to the navy, the crime committed IN them
cannot be by aperson in the naval service. There
various 9th considerations which had originally in
my learned and able associate no. III discuss them full
y and am confident, TO the conviction OF the court
The state indeed, Of my osn health prevents from
pursuing the argument further trust will be
ed therefore, in leaving entirely the discuss of the
naming points to my associate With these observstioss
which have been able to offer, submit the to the
decision Of the court.
MIR Duer then resumed his seat after having occupied
on both days. upwards of hours in the delivery Of
his elaborate al guments
Mr. GRrrrS then and ,sd that in The outset of the
remarks he should have the honor of submitting to the
Court he proposed oppose the constructed constitution.
al objections that haaheen made by bis opponents They
have sad Mr. G. said that portion of the naval code u
entirely unconditional and void He thought it YVES
her late in the day for the opposing counsel 10 make the
discovery they had done after the Courts Martial had
been in existence for than halt century for said
he they have by laid dormant the statute
book. This, continued he, is a discovery but as
The gentleman had made. however, two oncessions,
when he said Congress had no power TO give uris
dicon crimes The high seas TO Courts Marital
he had said that Courts Narts ed jurisdiction when
Of the jurisdiction of the United stat, aud next Nh they
had right to punish mistemeanor; he wished IL
his proposition instead OF supporting like pillar its tor
ner proposition had not fallen with its weigh TO the
srorsd The learned gcBtemsn had ontru,d, Mir q.
sd, hat the naval code In relation to ell no,s ursdic
don applied hen the forces Of the jurisdiction
u the United States but that this conradcted by
after He wished TO call the attention of the gentle
man to art 3bth the naval CODE he continued which
expressly provides that Courts Nssi shall be called by
The President the SECRETARY Of the Navy when within
The jurisdiction of the United States and hen without ~
the Commander Of tho squadron vessel II Csurts
Nartis TO b. convened only when out OF the ursdic
ion of the United s'atos, whst the necessity
e providing for their convention when within -
""aa IN, rsa.Ssn, IL 'nt. ,h rna
should be construed Art <Ist also directs that
tence of death by Cssrt Martial shall he executed
without the omission of the President when such SEN
passed within the United sates jurisdictions but
W il nAssed without IL he i'd midi