The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1843-10-02

hoh hIScIld SEIZURE Oh TIE NdIqueSaS, IN
tenton in regard to Spain, her alliance with Brazil,
her line of Atlantic steam packets, her sending
special minister to China, her every movement in
fact exhibit plainly her determination to be para
mount in Europe. Whether she will be SO or not,
OF course remains to be seen. We know of no
| govhrnment active just at this time. But nous
verons.
TRAVELLING, AND CONSTRUCTIVE TRAVELLING
A question has recently arisen at the Over and
Terminer, held in Jefferson city, in the State of
Missouri, which possesses public interest from its
adherence to the precedent set by our Congressional
law makers. 1t turns out, however, that the law
makers, being absolute, can remunerate them
selves but that the principle will not hold good
with jurors. In the case referred to, it appears the
Grand Jury came into Court, with indictments
against John and David Mcdaniel, Brown, Tow
son and Mason, for murder and Mccormick.
Berry, Preontaine, Morton and Harris, for larceny.
Abraham Shafer, the clerk of Clay county, was in
dlcted for msprison of felony. Shafer, who was
there as witness, was arrested, and by counsel
moved 10 quash the Indictment against him. for the
reason that felonious intent was no where char
ged. II twas also intimated that the indctmentwas
imperfect in charging that the offence was commit
ted in "the high ways of the United States. in the
Indian country west of the Mississippi and north of
the north line of lands assigned to the Usage tribe
Of Indians"-it being no where alleged that
the offence was committed cat the district of Mis-
souri,"
The District Attorney admitted the materiality
of the absence of felonous INTENT and declared it TO
be clerical error. The other point he refused to
yield, declaring the Indictment to be good at CON-
mon law but at the suggestion of the Court who de-
clinced deciding the point, new grand jury was
empanneled, from portion OF the previous Jury
and new indictments found in all the cases, charging
the felonous intent the part of Shafer, and ocat-
ing the offence Of the marauders sin the Indian
country, west of he:Mississpp north of the north
line of land assigned 10 the Osages, and uron the
land without the jurisdiction of any particular State,
and under the exclusive control and jurisdiction of
the United States-to wit, the district aforesaid
shafer employed w. M. Campbell, Esq, of ST.
Charles and Gen. A. l. Doniphan, of Liberty, as
his counsel, and gave bail in the sum of two thou
sand dollars for his appearance at the April term in
| st. Louis, and was discharged.
The point 10 which we have referred was raised
by the grand jury in the settlement of their accounts
After they were discharged the first jury, they
procured their certificates and were paid the usual
per diem and mileage. In the second case, they
"cic anu 5WOIu ds oil cUtlTt new Jury,
particularly and specially charged by the Court as
a new jury, heard the evidence anew, and return
ed new indictments. To test the question, one
account was made out charging mileage in the Be-
cond case, and presented to the Court for allowance
1t was referred, in the usual form, to the Dis
trict Attorney, who reported in favor of the per
diem, but against the mileage. After argument,
this report was sustained by the Judge, in lengthy
opinion, the substance of which was that the five
cents per mile, which the government pays wit
or juror for travelling from the "place of his
abode" was intended a compensation for
travel" and not to be otherwise charged. For the
day charged in the last account, the jurors had
been previously paid, on the former jury, and on
their part il was commended that the per diem prov
sion should be construed as closely the mileage
that the per diem being allowed, the mileage
should follow-that the government was compelled
| to have new jury, and that they were in fact
| cheaper jury than could be otherwise obtained, and
by their direction the will be forwarded for
| the decision OF the Secretary of the Treasury
The famous constructive journey from Client to
st. Petersburg, and the constant practice OF man,
bers of the United States Senate, was freely re-
| ferred to, with other success than to determine
the jurors to have it decided whether farmer in
Missouri is equivalent, question of principles,
to Senator in Washington.
| When Mr.. Van Buren's term of office expired,
on the night of the Sd of March, 1910, the Senate
sat TO the last moment of the waning night, but
they were assembled again in twelve hours, to act
on the appointments of General Harrison, and
| in those twelve hours, which many Senators
| devoted to rest. some of them obtained several
thousand delars for constructive travelling to their
homes and back How the principle here acted on
can vary from that on which the jurors in Missouri
claimed to be paid, at loss to discover; but
the nation will gain if the refusal to pay the jurors
should lead the disavowalat the seat of govern
ment of charges where travelling has not been ac-
tually performed.
THEATRIcu-The Chatham mot only deservee