The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1843-03-14

government IN Nav
power to punish say that they should not make crimes
Congress has the power legsate upon the whole sab
Ject and i Is cessary that the power of eg'a,ng upoo
the subject should he given Congress Congress
power to say that certain deed, committed by member
ofthe Army or Navy shall be crime and that the
thing done within civil jurisdiction shall not be. They
may that murder in the Navy shall not be punish
but that lesser crime shall he punishable
by DEATH although common citizen who commits the
same offence shall be punished; they have every
right and power to make requisite and applicable laws
S une Tse1 ha,e to create trbunss
by which all cases shall be tried If no relative laws exist
otherwise their power would re- rendered nugatoy un-
less there is clause to allow them to give jurisdiction to
other Courts Suppose that they he'd said that all grimes
should be given for Jurisdiction the H. g. Courts Con-
said Mr. D contend the constitution has given juris-
dcticn to the u Courts like the present.
Now be true that the term sil crimes includes
one case, why should it not all cases1 I en- at .
crimes the United states Courts, except those
crime the high Suppose was though, best by a
court martial 10 punish who had committed some
subject the person to trial by another tribunal, Certainly
Congress has the power make laws whereby
courts and the captains would be bound to obey, and
to be tried by them Have they any power and right to
say how they shall be tried No! The Constitution has
given jurisdiction in such cases to the civil courts The
terms implied in the Constitution ere, that the power
regulate the army and navy shall be given to Congress
My friend the counsel the opposite side has always
been considered strict constuconst OF the Consti
tuition bu, that in the present he has
given construction that before by poll
tican and lawyer. Laughter) It has red to me,
that could best illustrate the liberal manner In which my
friend constructs ths article OF the ution by annex
ing his restrictions the clause in question: which would
then read somewhat thus All crimes she'll be tried and
punished except in cases of impeachment, by jury
except such crimes shall be committed by in
the army navy which shall not be known punisha
BILE as crimes at common law; or shall involve
of the allegiance which such persons to their
perio then such such crimes may be tried by
all such cases the trial shall be held on the high seas or
without the territorial jurisdiction Of the United sates
The clause of the constitution is next necessary to
consider shall consider it briefly, as have nearly
concluded the consideration that intend to bestow upon
that branch of the subject) isthe NTH amendment
right trial by Jury yet had it not been secured by
extra provision insuring that a Presentment should
provides that person shall be tried without previous
presenment by grand jury, "except in cases occurring
in the land naval force militia when in actual
vice. in time of public danger" Does not this CONFIRM
the principle that have been endeavorng to maintain =
But though this example does not show what has been
done the acts of Congress will show it. They that
by the previous portion of the constitution they had been
the SUBJECT The counsel has told you that there
that cannot be tried by court martial But the
constitution does not bear him out in his assertion-
Courts Mara but others he be tried only by
jury But Congress did not think 'o Tor they made the
forces.
Mr.. DuER-I shall not insult the your Honor
the public by replying to such argument Let rs
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Mr.. BurLKR-You mistated the argument
vor.a, cost,; ~, S H. 1rr,s " nwhi;c aan..rn;s n..
they apply only to the militia who are not ordinarily the