The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-02-15

mission OF an atrocious crime, such murder, rob
done to punish the offender after the crime las bsen
committed Hyou find any Of these in favor of the de-
Of hrn ~. % s0s n0s
place Ia unlawful. In that event you will proceed to
inquire, in regard to the malice prepeuss, or malice
aforethought Malice malice aforethought,
means premeditated mace malice thought Of before
the killing occurred 1t may be meditation for few
moments only or may be Of long stasdng-it may bs
owing to injury resi- or imaginary received from the de-
ceasedby the sccused The law does not permit per-
son to take the redress Of grievances into his hands
Though the deceased may have seduc.d the defendants
wife as he alleges still he had right TO take the
remedy into bis own hands II for seduction the
law inflicted the punishment Of death, it would
not jnstify nor .xcueo the Injured party from
guilt, il he inflicted death without . jusg-
mept Of the law to that effect, with
snch Judgment unless he be the officer Of the
law appointed for that purpose IT, 1t is contended
by the deft nosntc attorney, he killed Monroe In the
Fame OF the Lord IL does not change the law of the
man may velate law Of the land and bs guilty aad
yet 80 far as be Is concerned do IL In ths Of the
Lord Ii as il has osen contsnded by the District At
torEey the defendant before he ef the formed tho
dtsign OF siling Monroe il he formed the aeegn
after he left ava before he met him If he formed
while IN converaon with lin, it malice prepense
or GtoTehCusft IF tie deceased did sc duce the de
fendents wife, and beget child with her and if for
this the defendant killed him. In law the killing
lawful Should you he of the opinion in all these things
that tha defendant is guilty then the place ia which
the hct wss committed becomes material This would
not ~ est esss affect the general result provided the
cline be committed within the jurisdiction Of tae court
trying the accused The materiay in this arises
in oonseausDce OF the peculiar relationship Of the United
States with the coutto of the several States and
Territories The jurisdiction OF the United States courts
Is separate ana distinct from the jurisdiction Of tie
etate cours But in the territories, the same iudSte
set III matters arising out Of the consttution and lawB
OF the United States well the laws Of their respec
tive territories This to has been the most d icult
part of the The territorial courts being Of
mixed jurisdiction, partly naons and partly local in
their organization, IL becomes important to keep ia
view these two jurisdictions When Mting court OF
the United States, must try criminals by the laws OF
the United States, and net by the territorial LAWS:
look to them for cur authority to punish yoaors
OF the law When sitting as territorial courts we must
Try criminals by the laws OF the territory and look to
them for our authority to punish Ii the laws of the
united States do not authorize us to punish Ia case
Ike the present an sitting United States
court, the defendant for this reason is entitled to
diet of not guilty The United States hays right to
ps. Law to punish criminals except in those cases
which are authorized by the constitution. These may
De raid to be national in their character and TO extend
to al places under the solo and exclusive uridison OF
the United States but they do not extend TO th,se
places within the United States where there Is exist
ing State territorial jurisdiction unless they
protect its necessary internal authorities, such pro-
tecirg its postal arrapgements its revenue laws it,
and officers and the like cases There is large
extent Of country between this city and the Missouri
elusive jurisdiction; and there Is part of this
country within the jurisdiction OF the State Of Missouri
and another part within the urisdction Of this ter
Iitory. 1t Ia the right Of every American citizen
TO have full and ample protection in the enjoy
ment Of iife Liberty, and haI piness; aud the duty
Of the United States, in those places where 1t has
the sole and exclusive Jurisdiction to extend that pro-
teeth hand them and the duty the states and
territories in thei, respective juricdctons subject to the
constitution and laws of the United States to extend
like protecting hand b. this you will that the Uni
ted States when t established the territorial govern
nents giving them tho right Of legislation, created
wathin Its ursdcion but subject to its
supervisory control therefore it has not tho sole and
exclusive jurisdiction within the limits Of the existing
territories. by the Sd section Of the act Of Congress-
approved April 80 1900 chap 3 1t Is enacted that If
any person or p.Isons shall within any fort arsenal
coury under the sole and exclusive jurisdiction Of the
United States commit the crime Of wiul murder, nuch
ref.on persons being thereof conyctsd shall suf
dsath' You by this la v, the crime be
tted within the places which the United States
hsv. the sols and exclusive jurisdiction You viii look
10 the evidence given you in court for the facts OF ths
case II you find the crime If any has been committed,
wss committed within thai extent Of country betwee
rates fave the role and exclusive ursd,ion your
dict must be guilty. II you do not find the crime t.
Tire defendsrt for that Is entitled to verdict
Mt guilty. If any OF these points, you entertai
Tssonsbe doubts you may give tho the bene
ft of there doubts. Reasonable doubts not mere
rricioue doubts but such reasonable mea may no
resuy en- ertain We often have painful duties to dis
charge hut ought not TOR this reason shriok fsom
duty 1t is better to bear with many wrong acts than
fr the accomplishment of given Object to depart from
the great and weispprovcd principles on whoh mainly
depends our lives, liberty, and happiness. Gentlemsn,
the case for the present. is committed to your consider
ntion.
The jury rem aered a verdict of not guilty
The Necs says in reference to the plea Of the prison
er counsel aid the charge Of the Judge I'VE think they
Will fuci,ntiy explain The nature OF the trial without
comment ard prove sufficient warning to all unchas
probstes that they not wanted in community
ard all editors who have been publishing that the Nor
are sst of lawess debauchees and prostitutes
do well to publish raid plea charge aud verdict for
the special benefit Of their readers for it may be the
means OF sayipg some Of them from similar faIen
Expulsion OF L. .. Omcers from Utah.
The United esates officers who returned from Utah.
have stated that persons expelled from the ter
rtory nthey became obnoxious to the censure Of the
,msl article in the Neus, In relstion to regularly
censed trader who It seems not well regarded by
The saints 80 copy Of license given to Pedro Leon to
trade with the Utah Indians signed by Jaues s. Cal
hcon, Superintendent OF Indisn Affairs, dated Santa
H. August IA 1851 attested by D. Whiting has fallen
under our otservRton; and we understand the said
Gro leon at Mant in the county Of San Pete
or about the ID instant, accompanied by about twenty
sparkh hexoau trading and desiring 70 trade horses
Tor Indian children, fire arms, &c and we alsc in
ioined that two other companies, Of about the same
size, ard fiom the sane source ono of whom holisa
blank licepse, dated Executive DEPARTING mt Santa lie,
New Mexico July 90, 1851 signed By j. s. Calhoon,
supeTintendert of Indian Adsirs,' authorizing sad
blank holder to proceed TO the Salt Lake country the
Utah Indars in reid region We are also ADVISED tnat
tie osenthle object q said trader purchase In
dian children 70 tate TO New Mexico or Mexico. aud
sfo purchase guns ammunition TO furnish hs Nas.
ice lrdahh. We have not heard His Exceleocy
Coy Yourg, upon the subsct he being confined y
lis house hy sicfness but ftsll speak
rmcnts on this matter; end aa. the license given
4 Pedro Ieor 10 trade VITA tho Utah Indians is
t4 iS w ltcJe 10 be cCNured 70 tua btNl lnuians
l. NeT Mexico srd that aid Pedro has txlesdsa his
license IL ctnipg within the limits of Utah terrcry;
and We ase mistaken Ia t,Ee premises, the next ut
rascrslle conclusion IT, tha. otuer person than
JAMES q Calhccn Govern or and superintendent oi
lrdiFn Asirs III New Mcyco has issued raid lcense and
Il this be wrong conclusion and kail Cslhoon is Cover
rcr end superintendent in faid territory that he ouSb.
e ry and watch his boys little closer aud keep tn
CIT q ether domiriors And, sgsn, il the raid S.
Calhoun Governor end Sureriro ofindian Affairs
q New Mexico, and has Issued blank lioeuse to any
honest man or ssoundrel who may please to put his name
70 y and by the authority Of that license 60 TO Salt
lek country In the Territory of Utah and trade Ia said
county ana In no other place, and with no other than
Lth lnGRns he has transcendsd the limits and Hutho.
ry Of bis efce he has violated his oath anpel upon
the constutlon and laws Of the United states and set
o. defiance every righteous principle hst binds together
The states ard Territories OF Union but II sad
blanA ncense be forgery and there be any such man
a. J. g. CalL0on IL belongs 20 him or his friends to
iret ost and expose thc t0rg-r Again tbs purchase
and u oval of Indian children from Ucah Territory 70
any ether State territory the removal Of Indisn
children without purohne 20 any other territory by any
tuch means or poce. appears to have bssn couten
Plated BY raid nens kidEappng in the eyes Of the uited
States laws and ought TO be treated in any United
States court 1t well understood that the Nayshoe In