The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1843-01-12

The SoMKRs Murlsy CAsE-ArrEMrr TO ARREST
MCKENZIE AND GANsEvooRT-DECIsIoN or JUDGE
BErrs.-A new and important feature in this case
has now made its appearance before his Honor
Judge Belts. 1t is application for the arrest OF
Commander Mckenzie and Lieut.. Gansevoort, as
will be seen at length in another part OF this paper.
The points now at issue in this case, have assumed
vast and fearful importance. Life and liberty
are at stake. As we have the highest respecf Tor
the opinions of Judge Belts, we have taken pans
to procure his whole opinion and decision In the
presented to him, and they will be read with
the deepest interest by all classes Of the community
During the last few days, the developments before
the Court of Enquiry have been less interesting than
at first, in consequence of the repetitions Of
the evidence. OF late, however, the testi-
mony mas been more unfavorabe to Crom
well. The guilt of conspiracy on the part
OF Cromwell appears to be now the most difficult
and doubtful part of the whole case Admitting
that the guilt of the other two is clear, it is by
means so at present with respect to Cromwell. But
1t would not be fair, have any disposition to
PREJUDICE the case. We shall therefore withhold
any final expression of opinion until the whole evi
dence is out
great effort is making, and has been from the
outset, in this case, by naval men, and all engaged
IN commercial pursuits, to justify the course taken
by Commander Mckenzie. They feel that they
have great interests involved, which will be very
riousy affected by the final decision of this mpor
tant case. But while they have great interests in
voved in the decision, il must not be forgotten that
sixty thousand seamen also have still greater nte
rests invoved-their lives and their liberties. The
decision of this case must fall back upon the first
principles of human liberty Mckenzie seeks to
justify himself only the ground of absolute ne
cessity neither he his friends pretend that the
taking of life in question according to the due
course of law. To take life when no overt act has
been committed is an awful responsibility. In the
language of Judge Belts, Cromwel's life was taken
under apprehension of his rescue by his confede-
rates, and in this belief, that there was no other
means of saving the ship and lives of the otrcers
On this part of the case we agree with his Honor
the Judge, that the setting up of accusation of
this character apprehension and belief,) against
the deceased, under whatever soemnity of asseve-
ration most certainly cannot be received as ustl-
fcation for employing the last extreme OF power by
the accused. The watchful solicitude of the law
over life cannot be so quoted or satisfied
The decision of Judge Belts, together with his
reasons for not interfering at present to arrest Nc
Kenzie and Ganzevoort. add new interest to the
whole subject The proceedings before the Court
of Enquiry, are but the commencement of the ex-
citement which must spread through the whole coun
try. The whole case will undoubtedly come up de
movo, either before Court Martial, or before jury
in the District Court, or both The subject will also
come up before Congress-the laws will be investi-
gated-new laws will be passed-and the precise
powers of Commanders will be clearly defined under
all possible circumstances.
The case OF Mckenzie is the first of the kind that
has ever occurred under our government, and it
would be unfair to condemn him till he has had full
hearing, and every chance to vindicate himself In
the meantime shall feel at liberty to express our
opinions freely upon the merits of the case so tar as
the evidence is taken.
For ALBANY.-The steamboat Utica, SO ceebra-
ted for strength ice boat, leaves this afternoon
for Albany. She will perchance 60 through-and
perchance not
ALBANY NEws-Pomeroy Il Co., and Pulen &
CoPp, beat the mail yesterday twenty hours, and
gave us the latest news
SIR CHARLES BAGoT.-This Governor is rapidly
recovering.