New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1843-01-12

- and .,c,;pr ,nbec, deyoves upon the civil authori-
that the commission OF an offence q.
peTops within the jurisdiction of courts OF law necessarily
impose them the duty OF inquiry OF further
than Consider whether the facts and circumstances now
laid before impose necessity on me as , es TO pI
tratr The accused TO be nfre'teo ana he " p
cerd and investigate the CHARGES - ,,o ~
The act of September 2i 1885, 49, empowers the al.
r. of offenders for any crime against the United States
srrecnb 70 The usual mode of process the Stale where
tie offender may he found, and authorizes lnt So,
or Jusl:se of the Peace magsu ate OF The stale
aud act extends the authority 10 @ b.;i
pointed BY the Circuit Court to take aidayis ana Dali
Bn though proceeding be the same rs nnae e
any matter not specifically declared TO be crime OF E.
fence by act of Congress- ana accordingly 1.nGl tom
into violations The law or law OF Naions co d
mt,ed without the act M am
punished by express statutory PovoSs =; v?i,hsr.rr
Wheat $50 u s. W. Bevan. Chief Justice Ma shall sa
The Crimes OF 1884, 8, renders nd
that the Irisi OF crimes committed the hg seas
shall be in the district where the offender apreeoeo
or into which be may be Grst brought
The Act of 1925 ch Z76 sec A declares that any pc
son upon tue high seas, &c SHAH commit Will 'H'
he shall upon conviction thereof, suffer death ,,5
The ansuag those enac,mens IS sulcieni ~ COMP =
bensye 10 embrace Offences committed board the med
We, vessels OF ,Se U Of The civil Court, is invoke in his
assumes that Congress designed TO have tie GRIMM u
inrprudence OF The Country exercised in oil nses IN con-
ARMY m h- provisions of the and 9Th Ar iendmen to
the Constitution by presentment and jury ma;
Bu, 10 be observed that the 9TH Amens lnsen coniers
fI rover an Cosgress 10 cgsae over Oh lenses in the
Navy and Army anu Millis IN ac'oai "'u' su'n
The 5, No person shall be hell to answer for
pal or otherwise Infamous crime, unl So on present.
menl indictment of grand uTy @ IN cases sc,na
in the land az nara! seTrrts or IN tLe MN "nsh ~ ae'
service the OF WEI or pubic nangel'
Without pausng cons der whehe an one oshea una
constitutional limitation an1t compel TN trial 10 be had IN
Geur Of lay when hf par Su 60 afa's s s to
say that this of the cons WtuIo' Distinctly
offences on land mint ed, IN the Array ahd
To-, n
eTnr,s, psper 10 MAKE rules Or the government of land
and naval forces leaves ~ congress power 10 sgate
c =, rs authority Ii is in this the provision un
aers,ood by abies comment aLer - LaJ
li6) Congress exercised hl power distinctly, ana o
the the better government q ue navy, Pss
committed by any officer &c. beo s 10 any pubic
of the United States without The 7rotia o'
fence OF Cour, Martial. :, :,
very eminent Attorney General o the U. 3 gave II as
@ pi nurder committed Loard U. s. frigate at
Norfolk. but that jurisdiction IN - ne " ptn, 0,nions
d[n s,yo eD.i t51nn p l14 1'
far spinon might indcI &c that IN
10 haI,1red IN the o. s. CoCI IS OF jurisdiction II IS
,ayened by the Judgement OF IN Supreme Court In
1915 That Court Eliminating s,to ~ Offences
lin it Az to-d ,ns T,ublic ships Of the U s. is Wheat
coll The Crimes Act al 1873, Sec =, i s
in This respect and II IS S, ,Teme Court welber
il wond Interfere with The Tis!apca hen III ioiee W ue
of 1900 in respect 10 the Navy.
This doubt is rather strengthened than remove ~ m ~
ter The CT 1925. Section Iii, ;aso 70
pital offence wiiuliy burn 10 set Fl sa., LIZ and
burn auy public OF the United StateE @ .,;S
then adds he provo, That nothing her en -, 20 80
sha be take away or impair me JsY ~
Court Martial 10 punish any offence wnica conrtn II
the Uaiied States may be punishable by such 'o s
the act of 1928 De regarded giving tac CT as;car
concurrent Jurisdiction with Courts Martial over *:
committed board ships OF war this proFlso W - 49,
nc!ly indicates the intent Of Congress, lhat the w,
then existing in Courts Martial no aorsg atea o. IS
civil courts The necessity OF exercising Tue ~
the Only of enforcing the law and securing 'f Put
ishIDg offcEdrs.
But supposng all reasonable grounds Of doubt are re-
moved demonstrated that the courts OF civil Jufsnic
ton take ccgnzsnce of this matter The question
whether Inc subject COW brought pel re NC ~
such posture and under such state OF sacs as Woad r
dert udicous exercise Of DISCRETION TO Interfere anu ar
the basis Of their proSeediEg, find aguariy orgsnizeo
now setting aad investigating this matter
The T. S. Law Ocer Of this isric is assigned as me
Judge Advocate OF that tribunal ana the % IL
Gapsevoor on which bis arrest demanded, was MADE ID
the testimony given by him before that Court Lac sor
or written stateent Of Commander Macaerze, enpyed
as evidence this proceeding WIS paper saon'eo VI
that Court for is examination and acEon-
That Court sui diligently enSaseu N tiie Oh
nj upon this subject U.aiter and u Is rIost
manifest these papers that rIghtint ana ma " Ger
standing OF the charge preferred by these ist
caIag The same witnesses before and goag over the
ssme sruuud O: e. animation pursued by the Court Of
Nor can step be taken BY the civil authority On this be
half without aTresng and s1spenoins zee ac9a OF
the Naval Court OF Inquiry.
The second ssctios Of the of Congress sr 8, 1900,
Ac; especially empowers the Secretary III The Navy
convene Court of Inquiry, aHc preseoes 10 the mem