Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1850-12-28

3D. 3d. and 4h charges and The several specifications there
and also TO the 9th charge and the lst and I'd specifics
tons thereof by potestsiion. oil just
captions TO the suciency Of the facts therein specified
that may be given evidence under ,hem to effect me with
any crime offence within the purvew Of the naval
icles Of otherwise equitable by this court and full
liberty TO justify the innocence both in and intent of ell
such scngs and dongs imputed 10 me in said spec
cations, a. may be given In evidence under them.
As to the 3D. specification 10 the 5M charge, desire to be
excused and dispensed from any other plea but
such consists Of the following exceptions 70 the same
wit:
except against the validity Of the Sd specification to the
5h charge, and against the suciency Of the matters and
things therein charged and specified to constitute any crime
offence within the puvew Of the naval articles Of war;
otherwise cognizable by this court
lH. Because all the acts and things therein charged and
specified exact accordance wiA lao and Nth my
duty.
3D. Because they ,Oere acts and things of imperous ne
cessty and indispensable TO the preservation Of the squad
ron under my Command
3d. Because they Uere in pursuance and in faithful
Uton Of the orders and nsructions Of the Government.
4h Because If erred in my construction of the AaiO
and convened corfs-mUtaI and eecUted their sentences as
fled, constitute crime offence ,chin tie puvvie,O Of
the nara articles Of tUar, otherwise equitable by this
court; Lut e offences against the general Gv The land
and ercsuey cognizab By the ordinary courts Of cini-
nal judicature.
In support of which several grounds of this exception,
submit the following reasons. reseing the right and pray
ing b allowed e need be- to maintain them further BY
argument and authority, the shall entertain doubt that
the said third specification to the said third charge should be
set sside quashed, and dismissed, null and void
lst That had authority Of lasc. The s5,h article Of
the Naval Articles Of War empowers " The commander Of
squadron while acting Of the United States II cite the
exact words Of the law.) to convene courtsmar,ial"
The 4la article empowers him to confirm aud execute
sentence DEATH or any Other the trial takes place
Of the United States" These ALSO the words Of the law
By the articles the converting Of and the
cution Of not permitted commanders Of squa
drons within the United States.
The question, therefore, the Pacific squadron under
my command on the coast Of California within or without
the United States within the meaning Of the Naval Ar
tcles the time of these ansaconshat Is say, after
the treaty Of peace with Mexico and before the laws and u
ca system Of the United States had been extended the
acquired territory
The words or out Of the United States" in the language
OF law like the Naval Articles of War, which construct and
establish judicial system and machinery, create courts, and
confer their urisdcon and apply these terms to define the
jurisdiction, must be construed by the stenes and most i'm
perave rules of legal construction, meaning the extent to
which its laws reach, and have present and actual effect
and operation.
This alike the language Of the Law BY strictly
vebe and its most obvious and necessary policy These
val courts created and given jurisdiction without the United
State because there is there other judicial SYSTEM and
they have the power to try capital cases and audge the SEN
Of death The commander 10 empowered 10 institute
those COURTS because there is higher officer IN whom this
high but necessary power be invested Within the Uni
ted States be had to the President for the institution
of the court and for the revision of Judgments and within
the United States those capital crimes which without cog
nizabe by martial withheld from their jurisdiction,
and reserved for the ordinary Of civil udcatuehus
retaining the military law in proper subsection to the civil
wherever the latter PREVAILS and is provided with the
sary means for its own administration
BY the treaty Of peace acquired the Territory Of Cali
orna but not at the time Of these transactions in
the actual exercise of legal dominion il had
extended laws over it. established any Judicial system
had not repealed the laws existing them snnuled the
established system for the administration and execution Of the
old laws All the laws in existence the time of tho
fer continued till repealed by the sovereign and every
court forced to this conclusion 10 sanction by Judicial
recognition what court Of law Of any civilized country
did sanctiona state of anarchy to which law system
Of laws applies
appears quite unnecessary under this head to press the
argument do than state the general principle But
advised by counsel that the principle here stated is
tabshed (which indeed was not encompassed with any we'll
founded doubts beoe by the Supreme Court Of the United
States at its last session. in the decision Of Page Flem
ming, which is grounded the doctrine that ports held by
the United States within its jurisdiction and
ration Of rs revenue laws till the duly extended
over them by express provisions
And pm further advised that the argument under this head
is not MATERIAL because If this ground Of exception TO the
charge were untensbe instead Of being is surrounded
with mpregnabe defnces Of law, reason, and authority still
the other exceptions sufficient and incontrovertbe
3D. That they acso necesssy. essential to the pre-
serpation Of the squadron. II naval force Of
country in situation which presented extraordinary in
ducements TO the nacon Of the necessary and wholesome
laws which preserve and enforce naval dscpinef
commander, entrusted with difficult and hazardous service,
required all the strength and support which the law give
him. and by which only he can be fortified and sustained,
and upheld In the discharge Of his duty to bis country,
the Pacific squadron and its commander during the
and following the peace with Mexico In sge of unpre
cedented commercial activity and enterprise, and when. by
the joint operation of and free government the
energies OF had been stimulated extraordinary force
in the pursuit Of all those objects which contribute to the hap
Piness and comfort and convenience Of e and FIRST among
these to the pursuit Of wealth in such age the discovery
Of the gold mines Of California added great and sudden
increase to these Objects powerful incentive to these
energies, effected vast change in the business Of the COM
mercal world must form important epoch 10 the history
Of nation already filed with wonders The California squa
dron the VERGE almost within the vortex, Of this
excitement Every before him not only the near,
but the immediate and certain opportunity Of wealth. Could
the country retain its sailors for i hardearned and scany
pay when all the gold mines before their eyes and within
reach of their hands, Was the law then strong enough to
control all the powerful motives which actuate human natue
And strong that It's superfuous gors could be then
relaxed and the experiment then made how may be
governed by persuasion and without force and the criminal
law stripped Of it, penalties and power am sure need
offer argument and hardly suggestion, this head to
any reasonable enforce the necessity the absolute and
overwhelming necessity Of applying promptly and efficiently
every legal power with which entrusted to check deser
tons and suppress munes in the Pacific squadron. The
deseron and mutny Of the Ewings (atended rs il
leave the necessity Of example and Of the government Of law
be question Of and speculation but other instances
had occurred to enforce the argument with all the strength
that terrible experience could give 1t.
will relate the circumstances attending the fate of the
launch Of the Warren, which, in the leading facts Of the