The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1851-04-22
The Case OF Commodore Jones.

TO THE EDITOR or THE HERALD
Washington correspondent OF the Ne,r York
Herald, under date March 10Th, holds the following
language in reference to Commodore Jones' appeal
to the President, against the hasty action Of ths
Secretary OF the Navy in his case =" Commodore
Jones" (says the letter-writer) "knows that the
law gives the power of approving or Disappearing
the sentence Of the court, when It does not extend
to dismissal from the service to the Secretary Of
the Navy, and that the President has nothing T.
do with it," Will the correspondent Of the Herald,
or any other defender Of Mr.. Graham, cite the
book, chapter, and page OF the law which confers
\ power on the Secretary Of the Navy or War, 70
approve and execute sentences of naval and mill
tary courts martial, whether within or beyond the
jurisdiction Of the United States No such lawful
authority exists Art. Both of the Naval Law en-
powers the President Of the United States the SEQ
Rotary Of the Navy, and the Commander in Chief
OF the Fleet, or the Commander Of Squadron,
while acting out Of the United States to convene
naval courts martial Articles Al and AZ of the
same law, empower the President Of the United
States when the trial takes place of the Uni
ted States, the Commander in Chief of the Fleet
or officer ordering the court i. e., the command
of squadron who may be detached from the
fleet on special service, to confirm proceedings Of
courts martial, approve sentences, pardon miti-
gate or commute punishments after conviction,
&c, &c. but nowhere the statute book,
can the Secretary Of the Navy find, unless by
forced and unnatural inference, any authority for
confirming sentences OF courts martial except by
order of the President. The very idea is absurd.
ministerial officer clothed with power to enforce
sentences in the presence OF the sovereign, without
such ministerial subordinate having any power TO
pardon or mitigate sentences or punishment, and
without lis sovereign master, by whose breath he
Is acting, having any power to set aside annu
his ministers decisions, however monstrous they
may be, would be mockery Of justice, ard an out
rage upon the rights and liberty Of all subjected to
such irresponsible and uncertain influences. The
law confers no such power, and it has not been be-
fore claimed insisted by any Secretary Of the
Navy. The practice ofthe government is against it,
or, at any rate, to the close Of Gen Jacksons
administration.
The correspondent Of the HrgH is again at fault
in saying" By the way there is rather a singular
circumstance in the life Of Commodore Jones, which
cusion 70 the present case. Some years ago, pur-
ser of the navy was tried by a court martial, Of
which Commodore Jones was the presiding officer.
The court found the prisoner guilty Of the charges;
but he, not approving Of it, came out in letter
commenting upon the proceedings of the court.
Commodore Jones complained that this was re-
Election upon the honor Of its members, and at his
instance the purser broken for it," This allu-
sioni s doubtless to a court martial al which Com
modore Thomas ape Jones presided, in Baltimore;
Zantznger. Purser Zantsinger was fully acquitted
OF al the charges and specifications; but the ac-
and prosecutor, Gan officer Of the navy) dis
satisfied with the proceedings and findings OF the
court, and attacked it through the columns Of
newspaper. For this he was subsequently tried by
a court martial which sat in Washington, with
which Commodore Jones had little TO do, for, NJ
though summoned by the Navy Department as .
witness, he never examine in the case Tho
officer sentenced to be dismissed from the navy,
and Com. Jones had the gratifc alton Of returning
good for evil for when the friends Of the dismissed
officer interposcd and urged remission of the som
tence the President General Jackson) positively
refused 10 comply, unless Commodore Jones would
recommend il. The officer referred 10 Is now Post
Captain in the navy. kESr.