The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-07-05

vessel while in the cocks, refused to punish him on
the ground Of ts being doubtful whether their juris-
diction extended TO offences committed by the crew
on board of foreign vessels, but whom they did
punish, upon its being shown that he had commit
ted the offence shore; and in thus protesting,
! should also have made point that this ship was
employed in the public service OF the United states
and commanded by an officer holding commission
from the President Of the United States, and thus
entitled, to questions OF discipline or Of offences
committed on board by and against either the officers
or the crew, to the same considerations and ex-
emptions as are extended by comfy Of nations to
national vessels everywhere.
In order to illustrate the position have advanced
to the question of Jurisdiction let us suppose that
the first officer of this ship had committed the Of
fence with which he has been charged with 80 much
dramatic coloring and had been punished for II by
the laws Of England, and that both he and the com
plainant had gone to New York in the same ship,
or afterwards met in the United States the compliant
ant could again have proceeded against him for the
same offence, as having been committed on board OF
an American ship, and consequently within the
jurisdiction of the courts OF the United States and II
is very questionable if the accused could successfully
plead his former trial in England that the conse
quences would be that he would be tried and punish
cd twice for the offence, which is alike opposed
to the spirit of the British as 1t Is to that OF the
American constitution.
Be that as may be- there can be doubt that this
is question ofimmense importance to the two nations
who are and likely to continue to be, the ocean
mail carriers of the world; and it is to be hoped that
the views have here thrown out For if it be set
tied that upon the very moment of the departure ola
mail steamer, the captain or chief officer can be ar
rested ard taken out of the ship, upon a charge
made by some of the crew for alleged maltreat-
ment the mail service of both countries would be ut
tie mercy of the most reckless and profgae class Of
men, OF Of malicious and reveDgeful vagabond.
In the manner have here eetforth, and by means
Of my protest this important question would have
come before the two governments as pure matter
of Interesting discussion and untrammeed with any
vexatous considerations or unpleasant reflections;
but now, before it claim their calm aud earnest
attention it becomes necessary to dves it OF that in
dividuality with which it has become embarrassed,
through the impressions created in the mind of Lord
Malmesbury as to myself by means of the ex parte
statement furnished by you And it is in order that
your honorable body may take such measures TO re-
rove these impressions (Which fatter myself You
will concur with me in calling eroneous) as may be
justified by the circumstances of the case, and by
your experience OF my past connection with your
selves, and with the inhabitants of this town, that |
have been induced to trouble you at such length.
have the honor TO be, &c.
Jos. RODNEY CRosKEY