Evening star. [volume] (Washington, D.C.) 1854-1972, 1855-06-28
EVENING STAR.
Local Intelligence.


TIE INTERESTING CASE of the four sailors,
now confined in our penitentiary by he sen
fences Of courts martial, has bean presented
By their counsel, Col. Chas. Lee Jones, to the
consideration Of the President. The foliowinZ
Is Q copy Of their petition, setting forth the
law and facts of the case:
To has EreslisRey, FRANKLIN PIERCE,
President of the United States:
The petition Of Richard Biddle. Samuel
Ksys, David Hazard, and John McNenny, re-
spectfully represents:
That they are American seamep, and as
such enlisted in the naval service of the Uni
ted States; that Richard Biddle and Samuel
Rays were tried by a naval general court
martial, convened at Norfolk, February %,
1854, and were convicted of tho offence Of
"mutinons conduct and language" and SEN
fenced By the said court martial to be impris
onsd u at hard labor sn the peHitentfaty of
the District Of Columbia ;" that David Ha-
gard ard John McNeDny were tried by SINH
lar court martial, convened az New YORK, SeI.
tember 81, 1854, and convicted Of the offences
of "rnuftnoHS conduct" and "dsseJtion,
and sentenced TO be confined sat hard labor"
In the said penitentisry-in which said peni-
tertiary your petitioners have been and still
are confined They are informed by their
counsel, learned in the law, that their impris-
onment is not only without law, but in direct
violation Of the express ensc iments OF the
law, as they are confined in an institution
",reiusirsIy' aud soIemnly appropriated BY
the law of its creation TO su6Eerye the ends OF
criminal jRSties 10 certain specified cases ard
for certain spse,fed off ncsS, and to no other
end or purpose whatever. (See acts OF Con
gress, March 3, 1929, sec. l, and March z, 1881,
sec. Is
The offences Of which your petitioners have
been convicted, are not and never have been
made punishable tcsth Improvement and
labor, under the laws of the United States or
the Distric, of CoIum bis;" but by the act of
Congress February %, 1900, making them
offences, they are made punishable ''at the
SIseTsfIoN Ct court martial" This dis.
erection left TO the courts martial is nothing
more than q sound isg4I discretion acting
under the Uhoriy ard by the express man.
date Of the law, and must be limited by the
usage OF the service, and rot an unlimited dis
erection to legisl.te new punishments into OK.
is.ence. 1t Is q we'll known and settled prin
ciple, not only IF the ancient law of England.
but jUrs gsntium, that where an offence has
been committed TO which no specific punish.
ment is affixed By statute it is punisha Die only
by fine and imprisonment. This discretion
left to the courts martial is nothing more than
W.
So the criminal court of this District exercises
vide discretion over both the kind and de-
gree of punishment appropriated to various
nisdeueanors, as fines from one cent to an in
definite amount, Imprisonment for an hour or
Tor years, &c. Yet this court oannor imprison
in ''the peuitentiary for the District of Column
bia' tor an hour, unless for sn offence speeifi-
cally made ''pIniSkabis under the laws of the
Urited States or of tbs District Of CoIumb ia y
The articles for the government o our navy,
with few EVdi6cs ions, nave been copie
from these established centuries before in
Great Britain. In looking into the oonstruc-
ton there put upon this discretionary power
1t will be found clearly laid down Hickman
on Courts Martial, p. Isl, and Append K, No.
Is that the punishnents Inflicted must con
form To the usage Of the service. and that none
other can be inflicted but such as has besp
usual. 1t would be superluous to contend
before your EIcellency against such an ab.
surdity as that imprisonment in the peniten-
tisry Is in conformity with such usage
The case Of your petitioners has been pre-.
sentsd on habsaS corpus to the judges Of the
circuit court Of the Distric; of Columbia. But
that court without entering into the merits Of
the Gaze and d'esding The question presented
to them, dismissed the application on the
ground that they had no j1yiSdict1on, +" and
decided that the only redress for the petition
els must be q by APPEAL to the PTesidsnf.r
While your petitioners are taught to abhor
and sbeminate a doctrine 30 monstrous and
contrary to the whole system Of our govern
ment, and With indignation and morti fc alton
to regret that a decision so absurd should
emanate from any court Of Justice, much less
circuit court Of the United States, yet they
Will honestly and candidly say, that so long
a. the once Of Chief Magistrate shall be ad.
mlniitered By one 90 justly distinguished for
Oil the attributes Of humanity and justice,
they are fully content to submit their deares,
rights and honor to the adjudication Ct your
ExcsIlency.
Your petitioners humbly pray that their
case may receive the earliest consideration,
and, should they receive their liberty, they
nope oy orderly and honor able department In
the service Il heir country, to display their
gratitude to your Excellency
RICHARD BIDDLE,
SAMUEL KAYs,
DAVID HAZARD,
JOHN MCNEsNY.
We learn, through Colonel Jones, the coun-
eel II the case, that the petition has been re-
fefred by the President to the Attorney Gen
efal and the Secretary Of the Navy for their
examination.
PUBLIC SCHOOLS afternoon the
senior department Of Primary No. 4, second