The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1843-03-13
u. 3. Clrcult Court.
Before Judge Rats

portion OF Mr.. Buffers argument in this case
think 1t VIII be found when to look at the
acts OF Cangress which am prepared to examine,
that the Congress in the execution powers devoved
on them oy the have adopted the very view
OF that instrument which have endeavored present.
The first OF these the judicial lawof7s9 This act
the federal judiciary, and establishes national Su
prems Court called Tor by the constitution and also the in
ierior Courts which first and the highest of ALL the
District Court, and next the Circuit Court The 9th
section coners on the District Court certain criminal
ursdc ton well as very extensive admiralty uris
diction on civil The District Courts Of the u
States then, are invested with all the admiralty and mari
time Jurisdiction efhe u States, certain criminal cases
OF minor kind The 18th section gives to the Circuit
Court of the u States, along with very extensive cog
nizance OF all crimes and offences cegnzaoe under the
laws of the States except this section and the laws Of
the u States otherwise provide concurrent jurisdiction
with the District Courts in regard to crimes and onces
punishable therein. This act then makes the Circuit
Courts the highest courts OF the u States of original
first place concurrent with the District Court
and then extensive original jurisdiction Of ali those higher
criminal offences which by the 9th section made not
cognzable by the District Court pause upon this of
1889 for the purpose of bringing to the notice OF the
the peculiar relations in which the Circuit Courts of the
u States stand under the federal constitution and also
the other courts under that government and observe
that the Circuit Courts OF the United being the
highest courts of original jurisdiction under this govern
ment, are when compared with other courts whether
civil military, Superior Courts-that they sustain the
same relations to naval courts martial as the Kings Bench
in England sustans to all the other courts Of that realm
and which are analogous to the relations in which the
Supreme Court stands all the Of this State and
that the Circuit Court Of the United States both
its civil and criminal jurisdicon inferior to the SUI
preme Court yet not in the of the section nfe
ror court. On the contrary that court Of general
jurisdiction and that all those of the
which apply to the highest court Of general criminal
do rightly apply to the Circuit Court of the United States
although from the limited character of the Federal Gov
ernmen it is court inferior to the Supreme Court
These views OF the Circuit Court and hch Tepudate
the idea thrown out at the commencement by counsel in
argument that to be regarded inferior court
within the sense OF common law distinctions and cases,
which will be found to be stated in 4h OF Dallas D.
10th Wheaton, p 49,? Paine, p. As; Sumner p AS
The consequence which draw from this first ncple
is that it devolves upon those who object the uis-
dicon Of the Circuit Court of the United States
offence concededto belong to the OF the Uni
tod States to show clearly plainly and beyond all doubt
or peradventure that the jurisdiction resides in other
court else it is omsss for which Congress has
not provided That is the common law principle in rea
ton TO the Court Of Kings Bench What mean is not to
draw analogy from the peculiar possessed by
the Court OF Kings Bench and thence to argue that the
Circuit Court Of the United States possesses pow
do mean to insist that the Court of Kings Bench
in England has any juris iicton over .nces committed
OIL the high for in the former part of my argument
stated expressly that such jurisdiction belonged to the
Admiralty Courts But the principle for the establish
ment OF which make this reference is that the Circuit
Court not inferior in the of law
1t therefore devolves those who object the jurisdiction
Of the Circuit Court OF the United States try ndpunsh
felony committed on board United States ship of
war ont OF the territorial jurisdiction of particular
State to show clearly and conclusvely what other Court
has the jurisdiction: for the presumption be- until
that be shown either that the has not been provided
for at all by Congress- that it is to 60 unpunisbed
that belongs the Circuit Court OF the United
And this much we think authorized to affirm OF
the Judicial act OF 1882 by which these various Courts
created Now then, we will go to tae law of $780,
passed by the Congress which passed the judicial
act Of $780, This law of 1890, may remark, requires
very careful consideration at our hands. No man
read that law without being perfectly convinced that
the intention OF Congress-whether the design was
accomplished in all respects may be aquestion-to
exhaust the whole power conferred upon them by the
Constitution and to make penal code which should be
coextensve with the authority OF the new Government
and providing for all the which their crim
jurisdiction could EXTEND far related to crimes
and misdemeanors known to the general law Of the land
el,a~n xot6 alo ryocth
which had constituted this government. They in
tended provide for every belonging to this general
And particularly this law designed to those
OF the Constitution referred to at the
rssd o. agd oy
oances against the law Of nations the high The
9th section of this law provides for the msprision
of felony committed on the high seas The 9Th section
closes with the provision that the trial for the crimes spe
CITED in it shall be in tbs district in which the offender
shall be apprehended thus executing the power devov-
ing Congress by the Sd article Of the Constitution
which provides for trial by jury. And that provision
may also contained in the law of lsa-,he ae
neral crimes law of that date which is certain ex
tent substitute Ter the law of $780, cticn the
law of 1885, which makes provision for the trial of all Of
fences committed the high in the district where
the offender shall be first apprehended and brought The
9th section OF the law of $780, provides for certain other
Of piracy and robbery not included in the general
terms of the 9Th section The 10th section provides for
the Punishment of accessory before the fact in
of murder piracy robbery the high seas and
the 18th section provides for the punishment of those who
accessories after the fact The 18th section provides
tndt II any seaman OF OtneT person snail Commit
slaughter on the high other offences emu
merated he shall be punished in the manner therein
described And this lath section uses language
which be applied only TO public ed vessels
Commander or master of any vessel; sc. &C.,
rhe word commander is unnecessary. unless it had
public armed ship And the next section the 18th will
be found expressly to refer to such vessels mr. DuER-
Oh that meant cutters 1t is Gin any vessel
belonging the United States any czen or citi.
thereof" so that Cor gress discriMinaes between
vessels belonging to citizens Of the United states and
at m m nd
vessels which belong to the United States govern
ment The counsel says revenue cutters" Undoubt.
edy But does that exclude all other armed ships for the
revenue cutter is more a vessel belonging the Uni.
ted States than frigate or seventyfou sloop of
vessel and belongs to the naval service so regarded
part of that arm Of defence The 10th section pro
vdes for the punishment larceny on the high and
arms, ordnance, or ammunition belonging the United
States stores for the vicualng of soldiers Marines
pioneers &c. language which also be applied only to
public armed ships marines" persons who only
board ships of We then affirm Of this law-ths
our construction of -tha inasmuch The words OF
the 9Th section broad ind sweeping and universal
lang to murder and all Of felony committed on the
high seas without reference to the question whether com
mted board public armed ships by persons belong
to that service board OF ships belonging to c
zens Of the United statesdenng the offence merely as
one committed the high seas-that that embraces Of
fences OF this Kind committed on board OF National ships
public armed vessels revenue cutters, well when
committed board Of merchant vessels And ask the
Counsel the other side to show the exception in any
other part Of this law by which of this kind be
taken out oil the broad AMI comprehensive terms OF the Sh
section. Will it be said that at this time there no
Navy and that therefore Congress did not intend legis
late in regard to offences committed in a Navy am
that a suggestion of that kind has been made by
Of the most distinguished Judges in this any other
country think can give satisfactory to that
and vndicate that distinguished Judge from any thing
but legal into which like all falible he was
liable fall, and did fall Although it is true that there
Navy distinctly organised and constituting any
material part of the public defence of the United States
the 30h OF April, $780, when this law passed,
| yet il is mistake to infer from that fact that
Congress did not intend in making this enactment to
look to the future existence Of Navy, and to provide
for al sng in Navy, for in the section to which
have already rcierred-hc 18th secton-they speak OF
"CommaDders and in the 18th section they speak Of
sells belonging to the United States in the 10th
tonthcy speak ofembezzlng munitions of in
son OF marines well eunncrs and soldiers and
orb all showing that Congress had when passing this
law distinctly before them the idea that there would be