The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-12-20


been adudged and sentenced against the said two men
by court.martia ordered and convened aforesaid,
but not having been confirmed by the President OF the
United States.
WILL. A. GRAHAM.
Secretary of the Navy
NAVY DEPARTMENT, Nov. /, 1850.
Commodore Jonsss Plea 10 the foregoing Charges.
Mn. PRESIDENT AND GENTLEMEN OF THE COURT: |
desire that my plea OF the general issue be entered TO the
s 3D. 3d. and 4th charges and the several specifications
thereof and also tothe 5h charge and the st and Cd spec
caons thereof. by protestaon, however-reserying all
just exceptions to tie suciency OF the facts therein spec
ed that may be given in evidence under them to affect
me with any crime offence within the puryiew OF the
naval articles OF war, otherwise cognizable by this
court. and full Liberty TO justify the innocence both in
act and INTENT OF all such actngs and dolngs as ae i'm
pued 10 said specifications, as may be given
evidence under them
As 10 the Sd specification to the 5h charge, desire
to De excused and dispensed from any other plea or an
swer but such consists Of the following exceptions to
the same, 10 wit:
except against the validity OF the Sd specification to the
9Th CHARGE and against the sucency OF the matters and
things therein charged and specified to constitute asy
crime offence within the puview OF the naval articles
OF war ,or otherwise cognizable by this court
Isl Because all the acts and things therein charged and
specified irere in exact accordance pih idU and Dih my
I'd Because they acere acts and things Of mperiou ne
cssy and indispensable 10 the preservation Of hs squad
ron under my communal
Sd Because they cers IN pursuance and ia faithful
ecnon Of tbs orders and instructions o the government
and conpened courts martial and executed their sentences
as specled sfW my acts The premises as alleged and
spec fed, constitute no CRIME or offence pdhia he pur-
of me nauai articles of Otherwise cogn,Sabe
by tbs court bui o6ences against s gensral iaW Of
ne innd aud eIeiuapeiy eognzat 6y ne ordinary courts
Of criminal judrooture.
In support OF which several grounds OF this exception,
submit the following reasons, reserving the right and
praying to be allowed it need be. 10 maintain them u
ihe by argument and authority, il the shall enter
tain doubt that the said third specification 10 the SAT
dismissed.
null and VOID /;
Isi I1ai had auitorsiy Of l1r. The s5ih article of
OF squadron, while acting out OF the United States.
cite the exact words OF The aw TO convene courts mar
tia"
The 41st article empowers him TO confirm and execae
sentence OF death, any other, If the trial takes
place out OF the United States These also, are The words
OF the law. Ralss
execution OF sentences not permitted 10 commanders
oi squadrons within the United Sales
The question, therefore, , Was the Pacific squadron
under my command on the coast Of California within
without The United States, within the meaning Of the Ma
val Articles at the lime OF these ansactionsthat is to
say alter the treaty OF peace with Mexico. and before
the laws and judicial system o the United States had been
extended over the acquired territory
The words within or out OF the United States, in the
language OF law like the Naval Articles OF War. which
construct AMI establish Judicial system and machinery,
create courts and confer their jurisdiction, and apply
these define the jurisdiction, mus be construed,
BY the s,ernest and most imperative rules OF legal con.
as meaning the extent 10 which lis laws reach, and
have presen, and actual ehsct and operation.
This Is alike the language OF the law BY terms strictly
convertible and is most obvious and necessary policy
These naval courts created and given jurisdiction
without The United States because there there othe
Judicial system and they have the power TO try capital
cases and adjudge the sentence ot death. The CON-
mander Is empowered 10 institute those courts because
there Is higher officer IN whom this high hut neces
sary power is invested Within the United States
can be had To the President for The institution oil the
court and for the revision OF its Judgments and within
the United States those capital crimes which without are
cognzable by couris-maItial are withheld IRON their
ursicton and reserved Tor the ordinary courts oil civil
judicaiurehus retaining the military law in proper sub
jcction 10 the civil wherever the latter prevails ana is
provided with the necessary means Tor its own admin
lstIatIon.
BY the treaty of peace we acquired the territory OF Cal.
iforna, but not at the time OF these transac-
lions in the actual exercise OF our legal dominion over
II; we had moi extended laws over II. or established
any judicial system had not repealed the laws exist
ing then, annued the established system for the al
nnisration and execution OF the old laws All the
laws in existence at the time OF the transfer continued
till repealed by the new soyeregn and every court "
forced 10 this conclusion, or TO sanction by judicial
recognition what no court oil law o any civilized coun
try did sanctions state oil anarchy 10 which law
or system OF laws applies.
Ii appears quite unnecessary under this head o press
the argument, to do than state the general prn
cple But am advised by counsel learned in the laws,
that the principle here stated established (which,
deed, was not encompassed with any wel.foandei
doubts beore BY the Supreme Court Of the United States
which is grounded the doctrine that ports held by the
United States not within its jurisdiction and the
operation OF its revenue laws till the same were duly
extended over them by express provisions.
And am further advised that the argument under This
head s not MATERIAL because this ground of exception
10 the charge untenahe, instead OF being, rs is
surrounded with impregnable deences OF law, reason
and authority s the other exceptions are sufficient and
incontrovertibe.
a. Thai sy acts Of Necessity, essential 10 the preserve-
lion ef he squadron II naval force OF country
situation which presented extraordinary induce
ments TO the nirscon OF the necessary and wholesome
laws which preserve and enfore naval dscipnef
commander, intfusted with difficult and hazardous
service required all the strength and support which the
law give him, and by which only he be fortified
and sustained and upheld in the discharge OF his duty
his couniry--it the Pacific squadron and its CON-
mander. during the war and following the peace with
Mexico In an age OF unprec commercial activity
and enterprise and when by the joint operation OF com
and free government the energies OF men had been
stimulated 10 extraordinary force in the pursuit OF all those
objects which contribute TO the happiness and comfort
and convenience OF life and first among these to the pur
suit Of weathn such age the discovery OF the gold
mines Of California added great and sudden an increase
10 these objects, 90 powerful incentive TO these ener
sies, effected vast change in the business Of the
commercial world, ~ must form an important epoch 10
NbooIs-ti aad