The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1856-03-10

There appears TO be doubt but hat the body msn-
TONED in yesterdays HxxALD as hav ng been found IN
sack floating In the river, the remains of Captain Wn
Palmer, Of the schooner Eudors Imogsns Csp'aia Ar
mold sa ed last N that the body would be identified By
the initials T p" the csf Of the left leg In India
ink; the figure Of female and anchor of the
axms ard The representations of 9 ring Of the
fingers. The body in very good state Of preservation
xceps the PAGES above referred TO- wbioh bear indtcs
ions Of havrg been burrei for the purpose Of deing
here nsIks. Yesterday several gsnaeuea from New
York formerly acquainted with Captain PArues viewed
he bosy, ard were quite confident Il his mains.
rrs. schspps and Kraesowitzer will make post
GAMMA ton this forenoon.
UNITED STATES CIRCUIT coURY
Before Hcn. Judges Nelson and Belts.
MARCH THE Uaitsd States va. George WIson.--
The deeis of the Court the demurrer to the indot
ment in this delvered by Judge .ts. Zoe p
screr wifi be recolected tina Of the schooner
Eudora mcgene whose captain and mate 10 is supposed
to hGVe murdered, and which was tunk by hm. For
ths latter fence he indicted under the OF Con-
giess Of March 26 Is04 which enss that any person.
not holrg owner, who shall the high wilfuy
and ccrIupty cast sey burn otherwise destroy any
vessel which be bsioDgs being the property OF any
citizen Of the United States shall suffer death. Toe pr
tcetr demrrred 10 the indictment thus admitting tbs
,tct charged. wsa corceded by the United States that
The vessel was destroy ed at point between City lsaad
and Hart Island in the East river within the territ rial
limits the county Wescheter aud to of Pelham,
ard thus within the jurisdiction Of the State New
York The question raised by the demurrer is whether
the place where the act done Ia within the criminal
jasidicion OF tia Court
He'd bv tie (0wt-Ihet it is assumed not ,rous
geographical c that the breadth Of water there
bsn miles. That The civil jurisdiction of the
nj 90 states Ccurs, .nder he c0ntsution, embraces
tide waters within the bays nlets and bor along tae
coast snn IN Iaylgabie rivers. That II H. h0xever,
fundamental dscine in respect to the federal Courts
ne ior juhdiclion tta they cannot take oognizance OF
criminal offence. o. any grads without the express ap
direction OF positive law, rhSt Ter ths
act III ques,n the place where the offence Is committed
becomes essential element 10 the description Of the
offence: thai the Cd ID subjected to pun hmcnt
nncer the sct uness the vessel on the hgh seas"
And unless the plsce specified n Indie rent Is
TIE high seas this Cou,t has Jurisdiction ths
oftpce That Congress, before and subsequent this
enactment, has in its criminal leglsati n sedulousy
evinced the intention to the term high in Its
popular and natural sense, snd In contradsincion
that CT sdeWntefs flowing In ports, hAv and
sps, mtS Act If 1890 s; and act 1925 sections
d g. 6, 1l AID tho adodicat Of the urts have
shown that consuuction be in With tho
principles Of general Jurisprudence a Mason, 307; ib
2sO Storey 2b1 SUM, ~ That the offence charged
IN tons Indictment 10 not within toe provisions
of the act IN question: cognzable by this Court Judg
mept therefore fer the prisoner, On tre demurrer
Ordered that The prscI be remftted by the MARSHAL
to the custody of the proper State authority by which
be detsined when arrested this indie tInent.