The Lansing state Republican. [volume] (Lansing, Mich.) 1855-1874, 1859-10-18
lac Tyler Case.

The Tyler Case.
| IL will be remembered that some months back
". II. Tyler, L. : Deputy Marshal, of Detroit,
was tried before Hon. Ross Wilkins. L. : Judge
for shooting a schooner captain opposite Port
Huron, was found guilty, and sentenced 10
one dollars fine and thirty DAYS imprisonment.
The sentence outraged public sentiment, and
Hon Jacob NJ Howard was determined 10 remit
this fragrant encroachment upon the State juris
diction, and presentcd the case 10 the Supreme
Court OF this State, and sustained his positions
by clear aud powerful constitutional argument:
| Hon II D. Terry was also of counsel Last
week the Supreme Court, sitting a, Detroit, rem
dered unanimous decision against the jurisdic-
ton of the United States. We take from the
Tribune the following synopsis, which is the
most briefly reported, and therefore more CON
venient for space:
CAMPBELL j. II this question had been raised
and argued in the L. :. Court, il would probably
have saved any necessity for its examination
| elsewhere.
Homicide IL local ofense under the act OF
Congress- ard the locality fixed 10y that is not
the place OF death, but the place of assault. The
place referred 10, as decided in Z. = rs Beran.,
| 8 Wheat. $780, i no, a vessel or other trsnsitory
object. but the water itself. The United States
having no jurisdiction over the place OF death,
the assault itself must have been at place
within the jurisdiction.
The place where this assault was committed
was recognized 10y the United States laws and
treaties part of the exclusive territory OF
Great Britain. The question then arises whether
lt. act al ma al
within foreign county
Upon the high seas, every vessel IL regarded
as part of the National territory where IT be-
longs. But upon entering the waters OF any
country all private vessels become subject, Tor
the time being. 10 the loca. laws. Schr. Err
change as. Ne Fadd,a, A. CrdHch ll6. The act
of Congress makes no reference To vessels, and,
if applicable To this at all, applies TO oienses
in foreign waters, whether on shipboard or not.
The language of the act of Congress in de-
scribing localities is not new, but Is borrowed
substantially from English and American stat
utes, and NAV be satisfied without going into
any foreign jurisdiction. Ii cannot reach into
foreign country unless the intention Is clearly
manifested.
No opinion is expressed upon the abstract
powers Of Congress To punish all crimes commit
ted abroad by American citizens No attempt
| has ever been made by any act OF Congress, as
| construed by the Federal Courts, 10 punish any
such ofienses unless IN carrying ont the CONNER
cial powers, by Furnishing rcyolts or other acts
peculiarly relating to navigation or the good
government OF ships and passengers. Treason
and military ofenses are also Of special char
acter.
Under former acts of Congress To punish fel-
Ony and piracy, il has always been held, under
language as broad that cf this act, If not
broader that ii could not be considered the
design OF Congress To- punish anv o,ienses not
substantially committed against the United States
Piraces, oiienses against al, nations, were
punishable by all nations but oHenses commit
ted by American citizens or by others, either ON
foreign vessels on the high seas, on American
vessels within foreign jurisdiction, were not
embraced within the acts, and were not ofienses
against the United States. L. :. rs. Palmer,
3 Wheat. H. Clio; L. S. rs. Kiintock, o Wheat
X. 4; q. s. as Pirates, What. X. ls4
L. s. as Kesslcr, Baidcr. II. Is; L. ). rs.
Dduis, 2 as S,smn. IL. 4s2. Ofenses committed
AT sea on vessels having no national character,
are punishable 10y any nation a. piraticai. 4. y.
as. Holmes, : What. Az. But where "A vessel
has national character, every person on board
of her, while on the high sefs, il pro hae rice
subject to the country under hose flag she sails
T.. ). as. UofmeS.
Congress, by the act OF 1925, after making
fGtiltlCai extent viii tfiOec vi
this act provides in terms for oiienses committed
in foreign waters upon an American vessel by
one of the passengers or crew upon another, but
recognizes expressly the power of the local
courts TO punish the same ofienses. This is
strong evidence that the remainder Of the act
MAS not designed 10 be operative in foreign
countries, for then this clause would be useless
We have thus the concurrent testimony Of Con-
gress and the Federal Courts agsins, extending
these acts abroad.
The mischief sought TO he remeded was where
assaults were committed on the high seas, fol-
lowed by death on land. The case Of q. $. a.
Armstronq, = Curtis IL. A., the in mediate
occasion 81 the law. II intended 10 reach crimes
in foreign waters the Law would have been
passed before, for such a case had arisen and
been declared without remedy in 1920, and A.
though the whole Crimes Act was revised in
1928, this case, though then freshly decided,
was left untouched. r. s ~ WffJergv,
Wheat, X. 30.
If the act o. 1851 applies to St. Clair River. It
involves the anomaly OF Furnishing an assault On
the water followed by death on lard, when,
death had taken place on the spot, IL could nos
have been punished at all. There il no United
States Law Furnishing ordinary manslaughter CON-
mitted on a river.
II would involve the further anomaly Of pun.
Ishing crime on the strait connecting two lakes,
when an oifense upon the lakes themselves -
not within any clause Of the act.
The Supreme Court Of the United States, u
Allen -. TIE Fosh,or, 81 Hon. X, have held
that the Admiralty jurisdiction extended over
the lakes by the act Of ls45, il not local ana
| general jurisdiction over the waters themselves
such as exists on the high seas but il confined
TO certain classes Of commerce.
II ia unnecessary to consider the power o.
Congress 10 punish ofenses committed a. the
was, for il does not come within the purview OF
this act. The L. S. Court, having no power 70
try this indictment unless authorized by thai
act, there was no jurisdiction in the court, ana
the ofense did not fall within the Law.
Tyler now goes TO St. Clair county, to be tined
for murder
THE COPPER -ToEp-SBoE. The copper-toeo
boots and shoes, which are advertised IN tni:
d.v H. IL -. ia sIapo