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

=. AZ. -. .a ~ u IN nv. III. u"'y y. -.
Jpn to y, , on osth tnat crime mas ~.
snh;act N' ~ '''' "afah' OF take cog"iAaho" VI INV
Ighsra ,us, ~. fro, ,,,, ,cu. -, ... r. ,,,,.
arisa, ~, aa,b ,hoh e.. nine sta'e"e"' " ar
has been committed or raise strong that n
so. a Chitty C. l.. I2-i Hale $50 TO- Io7~uoI
II he NAV be protected in acting on well founded Sis
pic on il lear upon the principle OF the authorities that
he is not bound TO proceed on such evidence an common
law unless perhaps in case of snspcion founded on his
the 9Th Amendment of the United states Constitution il
AT least doubtful, whether he can act until probable case
is 4 rst established IN his satisCact;on nv oath
The witnesses who have given their deposition in this
case know no fact or circumstance intoxicating these par
ties and claim 10 support the asked for upon
the omen and notorious and ayerments the
accused
am accordingly bound to regard those declaration s
md The circnmo,ances no the sole evdence
offered ~ snnnnr, The accmsaon ond ,sSv The award Of
warrant of arrest ''
II This nroof hat the accused be;np officers
IN co,man5 ~ H. ~ = %,a S S,sd Ts,oaSye
o., chm or munous consniracv with others of the
crew to murder The officers and practically possess them
selves of m vessel and her armament ami stores that a
ter d.tainno him in from the o7h ot Novem
her IN first Of December thev him nm, To death
under Of his resc,e no his and
in the ,ber. mo means of saving the
shin and the lives of the officers
-. Wv
Setting up an accusation OF thus character against me de-
eeas,d unae, Wnater:' s9'emuy dsse,oao, moM &c,
last erfreme 81 power 6y me accused Inc pdfchjH sone
fude 81 me fdp eprr ~ and personal security cannot oe 50
quoted or satisfied Ihe necessity o. me case must DC MADE
spparem beyond anyJdr ground 10 dou6 BEFORE any juno
non ~ under Uhdere penitude 81 PoWsr can on nts owh
mandate tdke me ute ~ citizen Pubic senso'y IN
no respect IN daudnce OF the authority dnd rgor OF me fdm
in pndicatiny and protecting e and personal liberty from
injuries not well warranted and excused oy the ertgence
under which they U.re inflicted
Yet nv no means follows that the nvestgation of
this grave and exciting subject devolves upon tho civil
authorities that the commission Of offence at places
by persons within the jurisdiction OF courts of law
necessarily imposes on them the duty of inquiry or pun
ishment
than TO consider whether the facts and
now laid before me- impose ne sessity on me- az civil
magistrate to cause the be arrested and then
to proceed and investigate the charges.
The of September "a 1885, section 49, empowers the
srrest of offenders crime against the United States
agreeable the usual mode of process this state where
the offender be found and authorizes the proceedings
TO be had before any justice Judge of the United States
justice of the peace other magistrate of the state
and recent act extends the authority
by the Circuit Court to take a iavits and bail
(Act Aug. % 1927
But though the mode of proceeding be the
der the state laws the United States courts take
crime offence by of Cong and accordingly
not inquire into violations of the law law of
nations committed land sea- without the act is
prohibited and punished by provisions.
(U. s. VS.. Hudson ct. al Cranch., 81; Wheat TO- u.
s. vs. Will berger; Wheat. 1856 u S. vs. Bevans Oh. L.
| Marshall 3s7)
The crimes act OF $780, section s. renders il capital Of
fence for the high seas to commit murder
and declares that the trial of crimes committed the high
SC &c. shall be in the district where the offender is
apprehended into which he may be first brought.
The 1926, Chapter 276 section 4) declares that if
upon the high Sc &c snail commit will
iul murder he shall upon conviction thereof suffer death
The language of these enac,ments sufficiently
prehensve embrace offences committed on board the
vessels of the United States and the argument
which the nterposton of the civil courts is invoked in
this instance that Congress designed to have the
criminal Jurisprudence of the country exercised in all
in conformity to the provisions OF the fifth and sixth
amendments to the Constitution by presentHen and jury
trial.
But is to be observed that the fifth amendment coners
full power on Congress legislae over offences in the
navy and army and militia in actual service within such
restriction.
The fifth section of the act is no person shall he held
r
on nresenment or ndct men of grand inrv erc,pf in
cases in h land or narai forces or in the militia
when in sctua! service in time If war or public
Without nauspg TO consider whether sny one OF er
than the acc used or TO he tried can take
of This limitation and compe the trial TO he
had in courts OF law when the party aga
does not claim It or object to different tribunal is sui
Gent to saw that this clause of the distinctly
oances on land or a sea committed in the army
or navy from crimes in general and in connexon with
the express power to make rules for the government of
land or naval forces and leaves to Congress power
lenisae With broader over tha, portion of te
public subject to its authority.
ia in this sense the is understood bv orr
abIest commentator "a Storvs Grim Law 10 8b6 and by
the Supreme Court q Wheat. 1867 Cranch li61
Congress has this distinctly and bv the
act Sos tbe better or The Navy nassed nr
"a sOO Art u has tbat the crime of murder
Committed by any officer &c belonging to any public
vessel o IN nit.d states without the territorial ursdc
ton of the United states NAV be punished with death by
the sentence of a court martialn
very eminent Attorney General of the United states
gave il "a his onnion in $50 that naval court marital
ought not TO try and punish murder committed on board
limited states fr;ga,e at Norfolk lint that in
this beong re ordinary civil tribunal (Atornev
General Pnckney Opinion Of Attorney General D. li4)
50 far as that opinion might indicate that jurisdiction
in the case belonged the United States Courts Of Jurs
dicton is by the judgment OF the Supreme
Court in 1918. That Court inma ing strong opinion
that the crimes act of $780, section did trace
offences committed board the public ships of the
United States % What; ssD.
r ha 'neo &c. o lo1o sec !eera'es ,he language
ofrrsve doubt under b oa.i; ;a Ky h po S
$3.50 80. hh 'ne oohs" .. gwen oy tne gu
aon then in snrca hv The ac, Of Ieon ~ M e ~,
49, ~ " 0 " w NV VI low :" ieSPee' 70 the
Tb;s dor,, is ra,h or s,rer er.d thu, reoed h 49,
| Co. ana.,raa,,, ~ ~ ~, - ,a,s w ~ ~ ~ an
g. ~ r.nasrs !, cs;,ai ngs,ca ,,;ifr,v ., hrr, az
% cot sr. Min ;ren, ", hnrO an n,bc nsssel r ~
United States afoat &C. ald then adds the provso--
That nothing herein contained shall be construed tn
take away or impair the right OF any Court Martial to
punish any offence whch by the law OF the United sa,e
i NAV be punishable nv such Court
NJ ths ac, Of ,s,s NAV no regarded 90 ox;po tho civil