The New York herald., 1871-03-24
vHI7fu STATES C0aIrss.ogEas c1l1r.
Tile Peabody Frosecunor-.

bNfyTt NuiAi AilllSSivhNl NillSitS.
The last o. he Peabody case mas PROBABLY been
aeard il one United states Court. Yesterday seven
of the coiored crew OF the Neptune, VII? had
charged Captain PEABODY allh having cruelty II
treated them appeared before Commissioner John
a. sneIds, and testided that they had attended
eight days as witnesses In tie case for the govern
ment. The Commissioner gave them certificate to
mat eject and upon the presentation of this paper
0 the Marshal they were paid their fees by that
onCer. Thc colored gentlemen thereupon went
their way rejoicing. Il Il understood that Captain
Peabody intends 10 follow The no longer, He
has crossed The Atlantic ocean III the nnest ana in
fho most tempestuous weather: he has eucoun-
tercd the dangers OF The deep ana the storms
~ tie sea; he las been thrown into
;he Cpnnany OF men o. different races ana nations
and al tn ought 70 have soIteied INC foh2hest sac
I'll his n1turc, assuming that mere ar Inequalities
N that Gatufe against Nhlon snllof might hot
Stumble without danger VI eii tAe men III tDc
Did vino ought 10 be kind generous nohle-hearted
auG lofbearug 70 those under their control, IL Is
CAPTAINS " vessels They should, at the same time
~ nrm and determined with their crews, but never
hydtal u cracL u Is cue ~ Captain Peabody 10 say
sba., whatever may have come out for or against
rim ia llo suits in tRc Marine Court In whtch lie
has been defendant thar III the cgimlnal proceed
mgE instituted against hin ~ toe coored seamen IN
ine United States court there WAS no legal proc!
aneGoa 20 sustain the charge OF cruelty. III Is eN.
cccdlHgy niacult to maintain charge OF this nature
0nue, the law oi Congress. There must be proof 10
snow that the punishment has been 'eruel and IN.
usual'' That IL mas been nnict2d without usiiil-
aiiN cause ibd lHaU u mas bccU tDHc Uul OF
"Na1ce, hatred and reTense.n THIS law has been
tarSully welded ~ Congress so as 10 enable cap.
rains OF vessels 10 inAlct certain punishment on
sailors which cannot, by any construction, ne held
70 be cruel or unusual" For instance a cap tain
justified ~ the law III punishing seaman FOR dis
IcParding or aisobeying orders the carrying on,
oi wnlcn Is necessary 10 the navigation safety OF
tito snip. Proper punisaDcnl Tor thls offence can.
n0t be said 10 nc either cruel or unusual, nor cln
n be h.la 10 be dane rom malice, haired or re.
Senge, 80 long rs u instlnable motlVe FOR the Ia
niCtlcn ol Tie punishment exists.
Ia the case cf Captain Grindlc OF the Old Colony,
winch rcsl "a the recollection OF our readers, the
jury actually fouHd the capftin equity or cruelty:
hgl ~ they did not add lnat he panished his crew
"with malice, hatred or rcyenge," he went .scos
Bear-that is 10 say, the defence was not cstah-
saed tie satisfaction OF tue iury III tie ords OF
the law OF Congress. aie II viii lac thus seen that
u i tbe most dIticul TO Gb.in charge cl cruelty
against captain OF vessel under the
laws " the Cniled St3tes the same strin-
gent rgle does not, happily apply IN ihe Marine
Court OF this city. it far easter TO
against u master OF sup tnau Ii is 10 make the
see inat the gery men who failed 10 succeed IN
she United States Court in criminal prosecution
tor -,reatmeHt against Captain Peabody. have been
abie 10 obtain GAder cur Stale law, damages for The
very same III usage. lur instance yesterday Judge
CGrs, IN tue Marine court, gave Judgment for SS@a
to one ci tAe cuore se9uea IN suit against Cap
tam PEABODY, stalsag, az The same TINE, That II lie
had ho!ere nm the testimony or one witness Hho
mad been Kept away Ire Wonld have awarded the
rIalDin the iulI amount WITHIN The jurisdiction ol
ue tO8ft--ndmcly, @l,0oo.