The New York Herald Newspaper, March 14, 1843, Page 1

THE NEW YORK HERALD. Vel. 1X.——No. 78,—- Whole No, 3896. NEW YORK, TUESDAY MORNING, MARCH 14, 1843. Price Twe Cents. LUCINA CORDIAL; on tHe y ELIXIR OF LOVE. Toga bl abt a ‘Whore fit, by Fate's unkindly dons Te the Public, THE NEW YORK HERALD—daily newspaper—pub- lished every day of the year exeopt New Year's day and Fourth of July. Price 2 eents per copy—or $7 26 per an- num—postages paid—cash ip advance. Noe: ildren to bless his home. THE WEEXLY HERALD—publishedevery Saturday | sae ee ra oa morniag—prtiee 6} cents per copy, or $3 1% per annum— Bazodian wives in such scriiey postages paid—oash in advance. now, the meek Hideo ADVERTISERS are informed thet-the circulation of the Herald is over THIRTY THOUSAND, and increasing amt. Ithas the largest oweulation of eny paper im this city, or the werld, end is theusfere, the best channel for business men inthe eity er country. Prices modsrete—cash in ad- r And with raised hand: Petitions Bramah for a'cl For weil she knows, Love shuns to bless The HinJoo bed of barrenness. ee Andsavagt contaueie ourewes” re j PRINTING ofall kinds, executed at the most moderate at say, even now, does | cpmmanto> Bless in our lard, na prices, and ia the most elegant style. JAMES GORDON BENNETT, Pacramven oy tas Meaacp Estasiisnment, rth weet eerner ef Fulton and Nassau streets. Seda mag the barrecit they tr Wien poets in “ Love’ The childiess wife's repiuinge eud. procreative power Rin OE Riis dower. ‘ ; ion’will With*rigor clothe the imporents Buporese agleet. whatever ita date, And ail n'e's functions renovate. mine akin fechived. ck beauty and the graces: wemaws trast--aird aver deceives her; Albus it relieves hers HOUS+ houses inquire IUHN A. MORRILL, Erq No 1 Cham! mg ?wr FO LKET=Vhe ap, 2 street, af ‘d by Mr. Verplonck . The brick store comer of Pike and Cyerry streets, ocenpi- ed by Messrs. Valentine & Co., as a ieed store, a desirable vation. “ wae convenient two story house with attic rooms, basement and rouater celler, No. 22 Nineteenth street, occupied by Mr. r nut of the store No.7 New Wail street; the second story adapted for a merchant or law ile ‘These are but uraths; Shall have stern proof iu contradiction 4 Wa'ker st between Brondway Letters—all forms of uation fora genteel femily, oc- misaives from all quarters. aud Quackery’s ma 871s; Thonsands who lay, wita fluite ing breath, Almost within the jaws of De ck house, No 73 Gold street, one door from rues ft formerly omped OF Ar. Miles Hiiehceek. The @Rinctr wo N ii jerate. 'y to dream hg 0 rants will be modersts, DUVATLAINE, 68 Wall stree Qi, Gene. ne Of Dl ene ordeal, i “ffioe No. 9, cor, of Water edieine trom the country, by sending bored up and sent to avy part of the rot, near amuith stree , Brook: | & femictance, f fh three story Kouce, fnisived ta the beat | Usiog. $24 per dozen, _m7_Im*re Seo” A'variety of the most, ch BAVANA- ISLAND OF CUBA ‘Stables ie. A variety of the most, cho ‘ n Alw, trait treeta, witha well and pimp CHARLES DUNNE WATERLAND, PRINCIPAL. spring wateroa the premises. ‘This proverty ta Ww HIB “Academy wos established two yeare ago, under (he Pac for the aceor resrectable femil tromnge oi tne former Inceudent General of the Island, and other distingy ened tndiviauals of the rt ered on the ty. tiny” and the metooe of rut9)e ts the scholars vnderstand we be let fer eue year Gr more on accomm terms, by apply- to ani thy Sad mert ants of JOSEPH MceMURRAY, g rmad tive.” All the ters 106 7 100 Pine arreet. lars ondentand toe Ranta language, ani many of them ee EYoR if tory | speak it habiraally aud nueat! Hee rire Fe ay mere rte tory | “he Principal has the experrence of schcols in France, Ger Sota No: 9 Canal at. now gocupiod es uchair stare, | oie Sopa estrusted ty his sue, practicns kacmigtae ef Fcuuld be made ito two very con HN THOMPSON. | those branches of polite eduestion, which are required in al active careers, aud are applicable to any. ‘The course’ of study, therefore, co Franeh, Garman and Spanish langueges; Natrol Philosophy, the practies! part of Drawingsof varions kinds. Professors of divers nations and xoquirements reside 1n the es- 19 Tne 60 Grand or ‘ooster ats. built {1 ZT Wooster —From istef M next, the mod i ie ore honse, Sinica at, with attic, base wert and cellar, and merble mantles throughout, For hari ner particulars mquire wt 479% Pear! st 16f 1m* ’ , 77 LET—The stove No. 97% Nassau erect, in the | cxblishmenty and all the classes receive, in rotation, instruetion ora Bul Ajply atthe Herald office, cor Nas- | from the director. : ¥ et mite Such signal success bos attended this plan of tuicion, that te TO LEY—A email, peatly furnished lodgivg room: yore : papi, uader rmelre yearn ely e2, rite ahd peak fore tieman. Terms moderate. Apply at 16: Can ans uages, pe: +} a ee EO 12 stigb, | those of riper years, correctly and easiry. utes: ae Li Tl itiom, ‘not only of the Spanish, bat also of other thua' placed within the reach of the youth of the States, without ite being necessary for them (0 re- the nisny advantages which aecrue from anknglish od- The ol ect of the Princina! in desiring to, receive ‘nited States, iz to faci e juire! jah pupil, which ‘Span id them by ty the tntter, and to introduce ¥ spinitof the Enulish achools. “The young, zevs af the United States can have nothing to fear from mate, the house being spacious and airy, situated in a healthful hort distance from the city; and containing withinits ory, Geogrs shies, Mathematics, and NWOOD COTTAGE MY residence, on Givwa ood Ceme’ rooms, e¢ilar, wood he Disracce from tie 8. he Jemey City, fe aN Toor tat of W Marin & Ce, York er of Mr. Martin,’ on the premises mi! ecast*re ‘=I store No. 6 Wouth street. ine Beth snd conaplete Ry minbaium for the preserracien JOSEPH McMURRAY, ils’ health. “Two youths lately arrived from Gorma- we eet. | specs med san” sod inne sterhae SALERA (Sm En ET at wot ee fauietsepartments chabdven are received a ant jesirable nee x Hemonesd WViince. Long Island; a large well built very pupil enjoys hus religious opinions undisturbed. House, ine tage style, with Sarus, Sheds, &c..0nd tem Re terms are $460 per annum, payable three months Brabben fant vean de ine hach gee of eu ations Ue | RafcrexceeWFESHS. CHAS, DRAKE 6, BROTHER ; fix atate of eulti 2 ME ‘ : phrubbi. Fuitow ssteet; lee than a hala tile of the New ae ALEXANDER MORALES, ESQ., Hevane al) 500 PEWARD—OxOSS” SPECIFIC MIATURE.— For the Care of Goonorrh: Gleets, Strictures ano Fork nnd Long falad Rastroad, which has a, commute tion icy several times a day, 2: a Mu teauecd trou former priees) making ita most -dest-ah resi, ence fora erson retiring frora the eity, or one who may Jogous complaints ofthe organ s0 igeneration. ish to do business in the city. A porticn'of the m ney can = : seo" for thes above complaints, this Femits on mortzage, cd | the balanee a Ve pand in dry “yoois | is tne ont certain Se are ae OF gcoserics at marker prices. Fog (onthe ie ly en Rmanesn speccy and permanent cure, without he least re- sae yoy ane EN Y seae ed dank exposure, or change in application to ba ’ : » Postinas i ish reeommendati deceive the ws awer Mamaroneck, Westcheste: Pa medicine docs ot uot speck for itself, vo one FOR SALE OR EXCHANGR FOX shail spews » Our object isto motily Where it can be hed, rrenres Fara of oun handred acres, 70) enawenges.a single ease cf receut Gonnur: lead Cow ten — by the N ~ Theato be rove in which the mixture will not effect a rapid ™ Landing. ander a forfeiture . Ffiased, phomey of fru, well watered aad wooged Coathia ts a disease that unfortanately pervades all ranks of so as at amy Guy im the week, DY toad,in three hours | i low, rich and poor, matrimonial and aingle. "They or rurther particulars enquire at with aremedy by which they can cure them- andere pie em he ner the east re i the shortest ume posible es EP CRT! | oben Sea crancante at ct he aes iN THE CITY O TORK —A va'uable Farm to on going v0 be be iia about Sch as nt Th eon eg chester County. | git Batter Gue bottle lata a week, which generally curso ng 40 and from said places. On the | Many areconty xt Wan Hl Minors, 192 Broadway, comer of double two story dwelimg house, with 49 hee fin ‘New ¥ "Tears, TON iy By eng ot Cheat and Seventh streets, Philadelphia; and at J Genk Sco wttet ad cavers eiftay $'Beiew's tas Washington street Gorton. Weimer pogsi wr buat twelve acres of wood land. % LISPENARD STREET eae farm well Boe! aid enh one al nd 10 MARRIED. LADIES.—Maame Cvatello,, female culo rn tory aca completed fo Wine Pith i graduate as midwife, offers her professional Pomona ries u e ape mont ae crs in eat Chester County. ‘Saquire distinraish the female, im, Sod. TRAVIS, om the or Ritty ov these discases aro exceedingly: complicated and ob- D. BRUSH, ESQ. scure, requiring an accurate knowledge of the female system to nee No 92 Falien st. | to™Cs a jee FAGM A’ ill be offered at purhe Ts it noc jus , Ray an imperative duty we owe suffering ceudar, ihe farm late of William Cook, dec: aed, im Hagover, Morris Cowoty, N. J. covtaining 129 acres bly divided iv meadow, pasture and . with & humanity to give reiiet in some cases, expecially if we possess the knowledge of safe means or remedies whereby this ble object can he effected. plemg land, Reesecorly of wood aut timber, ag areuentdel ive house, | | Madame ost ilo havi two , amd other Out 4 iil he efferea together or | srcecss \e treatment parts, aft se of Wm. McFarian in Whi pany, on Fri- | prises lacies on the point of confinement, that A eens ah of March, inpleat, atRogok.P.M. Conditions | by toaitord ncomtortable, temuorary. home at ner re Sill be liberal, and attendance at tne time of srle" by the amb: | where they can always bave the beat medical treatment and the sender. SILAS TUETL Most macronly care aud wursing, or if preterred, will wait op ALVIN HOWELL, ‘Attend them at their own heuses until perfectly recovered mista *r cer utore of said Deceased, fadame C. pa'ticalarly begs to impress en the minds of the feate, that abe offciates “persoually in every ease, #0 that healtuioa or dread need never be appreheaded. N: B.—Madame Costello weuld intorm ladies restding out of the city, whose health would not admit of travelling. that she would devote her personal atiendapee upon them in any part of the Usted States Within reasoanble di : Satiaie, Lispenard all umes and with the strictest regard to San! All mer fi , hands ely sata ted. larces, po Ee Me fone Fe tire Broad street, or DAVID pr) Comal mild Gr “UNITED STATES HOTEL OF PHILADEL- PHIA LL travellers who have passe the days and, mighta of their fine establ % s "ATEN ISLAND FARMS FOR SALE—Two a ¢ cr & CO. communications aad letters must be post paid. sojours Ce gelono ms . my ut speak 3a a TOOLS—TOOLS—TOOLS, dg : meat. ty sp coma aod.there nve anbacantial © imioris to be f and in thie How! Got ‘Ship Ci ate rs {i b> appreeiated by karst cau be had at wholesale aud retul.of OSBORN 33 Fulton street, New York, (1@ per cent allowed Te Retiree ersous, such os aclean, qaiet, vod wetl- vet house, a well-surplied reed: | to merchants) aud who keep on haud & full assorrment of reom, host whose constant « furts are di ecte 1 to ren- | Coopers’ Tools, Lron Rivets, Truss Hoops, Stave Jointers, 3s reansiom s highly ageenble -esore foc reyeetable trae | Stock Howells and Crezes. M Fatrby his posite and aff vie de percent, «md bis , Importers and General Dealers in English, German armittd perso evolort of bie guest buwse, ‘These who ia the merminz prefer ta indulge in the “sweet FR aR aa lt ap mF eM acer Ry My aurmons, find at te boar which »wts their a. tdle set for there e4 ‘b several servants 1p ai- ince 10 cous! ‘wishes, ard have any delieses which hous phe’ + “herr gratification. risserfevlne }, airy, and spacious diminy rom, everieateg § warden, ond ts @ repast that would do eredit to Hotel in Ure vouu'ry- iruatiom of ths house is deeidedly the best in Ch ladel- he We lncos Uheanut ot op, out tne Baokof United States tention w the tables emi the general wias favor fromali who frequent bis Asnations Hantevere; Caley Role fhe. ARLES OBBOR: £19 3m oe® CHARLES 8. LITTLE. LONDON AND MANCHESTEK INDIA RUs- BER GOO! HOLESALE subscriber im) AND RETAIL, No.e Wall street, Tn ived and: H ay Mb LP a large assort- Proof ; "Cashmere Lina, Persian, izes. P super Lama, Lama Per ber, Weiss for RT SRA Rison. ery cesite cf tanbiou thd business of the eity. mutes DAMS «0075 NRW YORK AND NEWARK EQ WORAM & HEATHER, A Phiss The bates a reppectal inforeed that'd No. 577 BROAD WAY, subscribers haye ished an Express New You UPHOLSTERKRS. ... | of pasknace; busdiss, money, he. ket the colisecon of mt. ly waform their friends and the publie, | gud" bills, and all other busthoss ming to an : tw tre e busine 11 ite branches, ms for articles to be ret by the Express will + the neaiest and bes ivered free of wrms . r in Ne 7 Wall street, and in Newark, (at Pstimates and courracts given at the shortest notice. eMiris Ne No. $20 Broad a N. 6 —Allkinds of old work attended to with juuetaality. aia trig Av Mand 16 EM. piuint, Leave Nework at 9 A. MH. and lig P. 41900 ADAMS & CO. MaATIN’S GASH TAILORING LSTABLISHMENT. [ METALLIC RAZOR STROP TR FOUR SIDES, invented by G. SAUNDERS, tor kee ta amare tn order—at uodtces ‘o u Hone, without waiug oil or waren, No other how ever berm 90 tniversafly kuown aud av: WwW 104 iv iltiam Struet, Corner of Ann Street, 8 decidedly the cheayest in the city, ‘There is sways or baud asele ‘(stock of seasouable goods, yr fer coak ty-five years in constant | whieh willbe made up to order i the etyle of make, Gt, Gnu a ung, &e.,th © hasgiven such general satisfaction during the a taat four ye sca positive saving 0190 Der 68 for competition, a Gentleuew reqaested (o cai) and examine. ye who aoe AS ai Brent aes vnadg aid trimmed a Ron i TT CHAML &. MARTIN poxormr REPAIR —AM who have been #0 health ) established a repatati thesuly Inazor Strop that will erp razere in pertect r. Micates are m the possession of inventor ent aeentie ef meu dt both conten: speak Nien) ot mu het imvo couaideration that those no i le 0 ; speaks volumes io ts that has been deemed worthy of ‘The great namber of those clone on. to contract a certsin private disease, and Tey, with anceasi its LO restore themael wea ; - e to Fartoration of all their euergies. "Dr. ‘Thom: Sans mar er vartelen to sere the most ag avi neral James |. Maun iad Broadway. New fork. pases ot a. leet or Structure, and they wll certain wae ‘cure a reer! ‘ofa mi ul oars NGLIGH ADVERTISEMENT —Notice to Masters ot | Dlityare equally benebetal for either ack, taiid, and. certain tn reecate easing Lacopol putas oF Res | ete charm the neta dent peetiaily te inform her numerous Aaterican (riends, that gine the Cepstication in all tne strength Femnored (rom Saint FauleBqnare to No. 96 Dave street, verpool, a few minates walk irsut the Custom House, which Fivate house is Gtted up with every comfo- enience, trast to be (avoren with @ cominuanee of that y yearn affordedto her, . Al vor Fanet = ia ke . 313 Pearl ponds Beers recess (PHE LATE Cart. 1 Tyahowld chis meet the ry sree cye of the legal heis of the above pamea, they nm fect Ls ‘ONE AND CF. | inc hue ailing om’ the subectibe', Nem@rauite oF tong going, to cover 00 | Sater L. DE KOREST. ne (Ot thick, Wid'h may be variable. “Foye and | LEACHING POWDERF—i00 caste, now lancing from Ty ent junta and bed to beery Bion | B stip Roseins, and forse pred nt Guvernoris Ksland in May and June. Propo | fr7ee___PEMSBE & BROOKS.) Liberty st _ Wer eubie foot, sy 2500 cul iad ino, for 1000 barrels best ty drantic \t, to “eo ee phooRe Geren taland, ta small tous, 8» Wasted cod tee hese MMer mo me ol SKE en bae BD oujyued with [ee Clea And Jeliy, im Voomes y ‘ie Orvan tt ‘, Uheaee eons R. GUSTAVE MELTON, « ddress Capt. Joha Sanders, Corps of Engineers, N. Yo:k mid iwm ‘TENT Sp PAC Picea sistem ot ct ile co ke United States Circutt Court. Bofore Judge Betts. Manon 18.—The Somers Tragedy.—The discussion re lative to the jurisdiction of Sg Gina Jary in this case, was resumed by Mr. Due on the part of Commander Me: Kenzie and Lieut. Gansevoort, who addressed the Court astollows :— I approach this argument, if the Court please, with a deep sense of its importance and gi ity ; but lam con- strained to add, with a painful conscieuaness of my own ability to discharge properly the duty that it imposes on me: painful conviction that my examination and dis- cusion of th rious topics it involves, from the peculiar circumstances in which 1am placed, must be ot neces sity, imperfect and unsatisfactory—uneatisfactory to the to the clients, andto myself. This unfitness does solely from the defective preparation that the time allowed me has alone enabled me to make; but it re- sults from feelings th: J honorable in themselves, are 1m exercise ef my jadgment and tull, and di a ionate view of the numerous topics involved in the case, which their novelty and importance, if not their diffoulty, demand. My relations to the per- son against whom this principal accusation is directed, are of the most intimate charaeter, They do not merely arise from his connection with one for whom from her birth Lhave felt the aff ction ofa father, and whose con: duct during the painful and unexampled trial in which she has been involved, has not enly increased my love, but won for her my just admiration ; but my relations with him as a friend—a friend «ho, on account of his mo ral and intetlectual qualities holds, as he is entitled to do, the warmest and highest place in’ my affection and re gard, are such that it is impossible that I could avoid feel- ing the deepest sympathy with him and with his. And fecling that sympatty, it is impossible that | should re- gard the proceedings that have héen instituted against him without the warmest resentment— | trust a just and honorable resentment—against the efforts -the perseve- ring, col tant, malignant efforts—mave to oppress, and and crush him—to effect his disgrace and ruin e and reputation—and involve him enduring misery. And this indig nation is greatly increased, and jastifiably increased when I reflect on the sources whence these effurts proceed ; upon the motives by which they are ‘Giotatel, and the agents, Instruments and means employed te accomplish thepurpose. Agents, means and instruments that, under the pretext of seeking the public good, under the hypocri- tical protession of a desire to protect the dearest interests of the people, are pressed into tne unhol rvice and istry of private revenge. My learned friends will not for amoment suppose that in these remarks I have or cant have any possible allusion tothem. They appear here in the open and honorable discharge of th duty, and of their appearance and conduct in the management of the case entrusted to them, I have neither the right nor the iontocomplain. Butto return. The Court will not suppose that it is my intention to dwell, to dilate upon thetopics to which I have referred. This is so far from being my intention that | am determined, Lam resolved as far as possibleto abandon and renounce them. | know that they have no connection with the argument that I am re- quired to submit. I know that the considerations cen- nected with them cannot with propriety be addressed to the judicial mind ot your Honor; and I have certainly no disposition, instead ‘of arguing the vase to your Honor tonddress myself here to the Grand Jury or the public. But although my firm resolve is to abstain trom the discussion of these painful and irritating topics, yet can- and banish from my mind the reflec- ken and the emotions which they ex- Tam compelled to struggle against them. I shall make an honest effort to control en: to subdue them. But my Consciousness that this ettort will be requisite through out the whole of my argument, and my fear that the effort may prove uxsuccessfnl, are the circumstences, which in a great measure unfit me for tue discharge of my an That effort will, however, be series A made. I shall endeavor, as far as human. infirmity will ad- mit, to conduct the argument as calmly and dispassionate- ly, with as little reference to the character and situation of the parties concerned, as if! were an absolute st ger to them,and without being so painfully interested, am, in the result. If] have a right conception of the posi tion in which the opposite counsel, my associate and my- self are placed, we are not here as the counsel of opposing parties. There are now no parties before the Court—there is no question before the Court on which we as counsel have aright to be heard. Your Honor has peso pieaaet to call upon us, not as counsel, but as your friends and legal advisers,to give our counsel as to the pro- per instructions which should be given te the grand jury, in relation to the complaints which have Leen submitted tw them. And of course we were expected to support the advice which we may give by such considerations, such arguments, and such authorities as we may deem applica- bleand pertinent. And it is to the discharge of thatduty— I hope in some measure with ¢ ing and with the consciousness of the responsibility of an adviser—that I shall now proceed. My duty is to state to your Honor what advice, were 1 placed in your situation, efter acare- ful examination of the law, and of all the circumstances ol the case, I would myself give to the Grand Jury, as an answer to the inquiries they have made. And to what- ever result this examination may lead me, how- ever different it may be from the views formerly entertained by your Honor, or which I may have Teason to apprehend are entertained, it is my duty to express fully sll the sentiments that I have myself been led to entertain, The Grand Jury state that a com- plaint has been preferred against Commander McKenzie and Lieut. Gansevoort, officers in the service of the Uni States, for the murder of Philip Spencer, and for mi: slaughter in regard to Cromwell and Small, as a neces: sary or legal result of acts committed by them on board the U. 8. brig Somers on the high seas during her recent voyage. And the next inquiry is, whether they have any right to inquire into the circumstances of the com- plaint thus made. Tux Count—The capital charge embraces Cromwell as well as Spencer. Mr. Duxx—Yes, your Honor, I recollect that it does. It is obvious, however, that thi i many questi consciences of the jury, ond to give them an intelligent direction as to the course they ure to follow in the dis: charge of their duty, the discussion should embrac’ not merely the simple question whether or not the United States ha jurisdiction in any case of offences committed on board United States vesseleon the high seas; but alyo whether that jurisdiction ought to be exercised in the par- ticular case now submitted to them; or whether they have any discretion, even on the supposition that the juri ton exists, of dismissing the complaint. In other words the questions are these :—Whether this Court has any jurisdiction of crimes committed on board of the armed vessels of the United States on the high seas, by the officers men of the vessels—by persons in’ the public service of the government whether the jurisdiction if it or parti whether it embraces all crimes that may be ‘committed by these persons in this situation; or whether there is a certain class and description of offencesto which liction does not extend. For if the juri rtial and limited in its character,it is just as necessary to state the hounds and limits of it 3 and, secondly, exists, ‘is general its existence. The question is not merely whether they ought to entertain thecomplaint, but whe: ther it complaint in reference to which, if the parties preferring it are heard, they have aright to indict those who are accused. And for the purpose of ascertaining the right not merely to inquire but to indict the parties, the consideration of theextent and limits of the jar tion of the Grand Jury becomes indispensable. Nor this all, It may possibly be—although Lam not willing to admit—it may po: en the possibility ly be that your it not only the ju- imed exists, but that the powers of the court are applicable to the case which is now belore the Grand Jury, supposing the circumstances of that case to be such asthey are known to the world, from the nume- rous publications in relation to them. But still the ques- tion may arise if the jurisdiction be concurrent. If a Court Martial has also a right to inquire into and punish the offence, whether the power of the court be not of a dis- cretionary nature ; in other words whether a court whose jurisdiction is concurrent only, has the right to entertain the complaint which is undergoing inquiry before other court which has equally the right to try and punish the offence charged. And it is on these various questions that I intend to submit to the court the views which have occurred to me, and if they should be adopted, your Honor will find mo difficulty in the decision of the question. I intimated, when I commenced my ar 1 gument, that the difficulties I felt in ite conduct did not at allarise from any sense of the difficulties which It in- volves. For, however novel, however important in their public a4 well as their private consequ these ques. tione may be, I mean to be understood pressing my firm and deliberate conviction that they are absolutely tree from doubt or diffleulty. pression of this mere opinio Ido not expect, by the ex- “ene peek 4 Ci! Me oe age ge mind your honor. fe can and openly the purpore for which it is made. Tmean to protest tn Hertneagutnet the idea that doubt must belong to the subject, from the time occupied in its disoussion. It does not follow that becanse it is necessary and proper, in thediscussion which your honor has desired of the sutfvct in all ite beerings, and because [ am tc gating to reply tothe who preceded me, jaborate argu: therefore the questions to be discussed and finally determined, are in themse! questions of extraordiuary difficulty. The clearest truths, the most obvious and certain truths, may be obscured either by the arts of sophistry or the mista of prejudice ; and time,and pains, and delay may be required to clear away the darkness and obscurity which these causes have occasioned. It is perhaps trom these causes, and these alone, that it will be requisite te exa mine, probably at more length than would otherwire have’ been requ the questions involved in this But if | mistake not, the result of that exami ination will be that In no case erer presented to the con. sideration of a Court waathe lyn d of the Court as regards the nature of the instructions to be given to the jury more clear, certain, and imperative than in the present—that they have no right to entertain this complaint,but should instantly dismiss it. My learned friend began his argu- ment by saying that very erroneous views, he had reason to believe, was entertained with respect to the embjects of this discnssion—a strange and general misapprehension i} to the nature and extent of the doctrine which Ee and his associate were prepared to taaintain on ascer taining the jurisdiction of this Court,and that hence it be- came necessary to remove these erroneous views, to cor- rect this general misapprehension, to dedneclearly and accurately his position. I think the experience of Con. gress has shown that this experiment of defining the posi tion isone ot all others the most del'cate and and that the result not unireq the 'y has no position t yor, be, his intenti ceal it. in many eases,even when exp! nation is real: ly the object 0: the , the resnit of his abortine ef forts isto involve pg Abe views, and position in tenfold darkness and obsourity. Whether such was the result of the effort made by my learned friend, I shall leave to the determination of your Honor. I certainly had no ditficulty, as he originally stated his position, in understanding it. His language was clear and explicit, tree from dithiculty or deubt ; and I believe he was under- stood by your Honor—by all the counsel who were in Court—by ail the reporters, as it would appear from the reporte of peech which were published, and therefore understood by all the audience, as expressing one plain and simple proposition as the foundation of his argument, It however occurred to me, that after this argument of more than three hours’ duration, to which I had listened, and which was able, learned, i ments to which I have had the pleasure of li been —that this position of the counsel which he assumed o! his whole argument, was in itself so novel, s0 monstrous, so apposite to all views hitherto entertained by lawyers and judges in relation to the jurisdiction and power of courts of the United Stetes and courts martial, that it was hardly possible, although his language was plaia, that :t could have been bis inten- tion to rest his case on that proposition, and hence | was led to make the inquiry. And here let me see whether my statement of it does not correspond with the recollec. tion of the court. I understood him as asserting distinct that a court martial has no jurisdiction to try and put au officer or seanen belonging to the navy of the Uni States, for any cri which, if it were mmitted hy a cit Id have a ‘ht to try and to punish, on the ground that its jurisdic- over Such officers and seamen is coextensive with its jurisdiction over citizens in private vessels. I asked the counsel, then, at the conclusion ot his argument, is this your position—is this the argument to which | am to re ply, and, if possible, refute? It then probably occurred to him that his position would lead to some very strange consequences, and he was then doubtless led into a new train of reflection—that if that position were adopted there was herdiy any jurisdiction that would be lett to be ex cise doc onid be as fatal and ay ruinous, not only to the discipline, but the very existence of ‘the navy, as it was possible to imagine, Aud what was the re- sult? On the followiag day he abandoned the position of the former day, and gave a new explanition of his argument; a new explanation of the views which he and h #associate meant to maintain, and wine-tenths of what he advanced on the preceeding day became utterly inapplicable to what he had stated belore the Court as his doctrine. The effect and consequence of the concession vhich was thus made, I shail hexeajter proceed to exam- ine. [ now merely aide to the fact that alter ax elaborate argument of three hours in which the counsel began by de. fiaing his positions, he yet found it necessary to introduce onthe following day a modification of his former proposi- tion,which in a great measure rendered his arguments and authorities inapplicable to the case. It is impossble to de- ny this, or if deniet, { hope in te course of the argument bly to prove that it was so. r. Butter—If you— Mr. Duer—Let me go o1 time. Mr. Burter—My 1 you cam explain at another ed friend, if it please the Court, interrupted me several timesia the course of my argument and I did not object. 1 do not mean to follow his example, and [ would not interrupt him now, had he been present in Court when I made the additions tomy argument. We all understood the observations made by my learned friend that his present position is unfavorableto the maintenance of coolness and composure, and therefore I shall not be di- verted from the simple object I now havo in view by any exhibition of feeling on his part. Now 1 appeal to your honor whether, on Saturday morning, in the addi- tional remarks I then made, I conceded or admitted tnat I had varied or changed, in one jot or tittle, the original round on which I placed myself. If I did so vary, it is for the court toshow it. If T'did vary my_ position, why certainly counsel is rightin showing it. Butthe learned gentleman just now, in addressing himsell to this part ef the case, assumed that Thad. But the simple fact ist Aiter I had concluded my argument, my learned friend, in the familiarity of professional intercourse which has har. moniously subsisted between us for more than twenty years, amd which will, I trust, centinue 60 longas we may live, asked me for some explanation of a part of my argument. From my state of exhaustion, and other cir- cumstances which occupied my attention, I was unable to give any other answer than simply to say that I thought T had made myself sufficiently explicit on that subject. Now the learned counsel wishes it to be understood, and evidently wishes to make that impression, that in cons-quence of that suggestion i reflected over the case for a whole night, d then came into Court on Sa. turday morning and made a concession, which disposed of nine-tenths of my argument and placed myself on an en- tirely different and new ground. Now if the Court please, did not place myselfon different ground at all. [stated at the outset, and the report of my speech, of which I did not see a syllable until it was in print, shows that I stated that did vot claim that the Cireuit Court or any other Court of the United States had jurisdi n since the act of 1800 over offences which were peculiar to the naval code— which grew out of violations of discipline—of duty—of fea in fact, of every description growing out oi that code. Mr. Dusx.—Is not the counsel going beyond the mero purpore of explanation ? Mr. Butver proceeded.— What [said on Saturday came directly within the principles I laid down on Friday morn- ing, and what I then intended to offer, although | did not state it fully as I was induced to do in consequence of the questions put to me by counsel, and {rom which I saw that he labored under an erroneous impression, But I] am not at all to be understood as varying a single point of the posi- tion [ assumed on Frit Y: The Covar—I think it admissible in the course of the argument, for counsel to offer explanations in reference to any erroneous imputations. But as to the cenclusions to be drawn from statements one way or the other, they are ot course not admissible. Mr. Butugn—Certainly. It is only to elucidate my for- mer views that I now trespass on the time of the Court, and to correct the misapprehension into which the coun: sel had fallen with respect to them. [ affirm, and my learned friend knows, that I would not in these ciroum- stances affirm what is not trae—that there was nething presented in his question that was not familiar to my asso- ciate and myeelf. ‘The Covnr—{ must remark that in such elaborate argu ments, covering, as they do, such extensive ground, coun- sei mer. be very likely to come into collision, and as it woul | be exce: dingly inconvenient to allow interruptions during the progress of the argument, you will proceed, therefore, without further interruption, ond let all neces sary explanations be made afterwards. ir. Duex—I have only one observation to make in re ard to this explanation. I must now admit that his views on Friday, are precisely the same as those which he ex- ressed on Saturday, and it merely follo’ that although is views were clearly entertained by him, he only omit- ted toexpressthem. ‘Because J venture to assert that the explanation of his doctrine as given on Saturday, was not at all to have been anticipated by those who listened to him on Friday. But to recurn to the opening of my learn- edfrieni. Before he commenced his argument an opinion had appeared in all the papers in the city, given by that eminent jurist, to whose character, and to whose services and writings, no lawyer can ever permit himself to refer without some expression of his gratitude and veneration. That opin'on was most explicit In denying that this Court possessed the jurisdiction which was claimed for it; and it became of ti tmost importance to the Counsel when speaking of its probable and almost certain influence on the mind of your Honor and the Jury, to attempt to controvert t. And henee be thought it necessary to impute to this venerable man, this jurist whose experience, whoge learning, whose entire Know- ledge of subjects particularly connected with the Consti- tution I law of the U. States, are admitted and esteemed by all—he found it necessary, I say, to impute to him one of the most extraordinary mistakes into which any law- er, endowed with ary knowledge of his profession, or any modicum of commonsense, could ever have fallen. He knew that it was necessary to say something to get rid of the effect and operation of this opinion, and hence his im- putation of this error to Chancellor Kent. What is the alleged mistake? What is the error, the omission of which is, it seems, to destroy the whole authority of his opinion? Why that Chancellor Kent supposed, that some doubted the jurisdiction of that Court—tuatit was universal,exten- ct all crimes and offences committed in the army and navy, even when peculiar to the naval code, and de- riving {rom it @ all their criminality. And hence it ‘was supposed that he meant to combat this doctrine, and to that was all theargumentapplied Is that possible? I ask your Honor, is it possible, morally speaking, that Chancellor Kent could have attributed either to my learn ed friends, or to any man of commonsense, this extraordi nary doctrine? Could Chancellor Kent have fuppored thai any one who had read the crimes act of 1800 could en- To think so would beto attri not a mistake merely, but an in- excusable blund Let us, however, see what the doo- trine now entertained by my learned friend is. It is that the Circuit Court of thé United States has exclusive ju- risdiction of all crimes committed in the navy ,except those which ere created by the navalcode. Mr. Duer then pro- ceeded to contend that if the doctrine be taken in its unli mited sense, it would tend to the utter destruction of the government of the navy ; and it, on the other hand, its sense were extended, It wasa doctrine which could nev be applied to the present case. ‘The large and liberal con- struction of the doctrine, he contended, implied that the very offence with which Commander McKenzie was charged, came within the limitation by which juri-diction of offences growing out of the naval code was confined to naval courts martial. Let us see how far the opinions of Chancellor Kent are borne out by the opinions of Lord Mansfield, in the case of Sutton ve. Johnson. Commodore Johnson, of the tish Navy, had preferred charges against one of the Cap- tains of the fleet under bis com id, (Capt. Sutton) for not having on the occasion of a battle answered and obey: ed his signal to draw near and engage. The case was sub: mitted to the Court Mar: ial, who, afrer a patient investiga. tion of the charges, pronounced them utterly groundless, and of course acqmitted Capt. Sutton. Capt. Sutton then instituted a civil suit against Com. Johnson, for defame- tion and damages. The case was committed to the jury after argument, and they found a verdict for the plauntiff, and gave damages to a considerable amount,it being their opinion that Com. Johnson had been instigated by malice in preferring the charges. The case having been decided, a quere wosentered upon the records by the de fendant himself, whether a civil court ought to have ju- risdiction in the case. This question was fully and ably discussed. It is sufficienttoway that the judges decided that the Court had jurisdiction. A writ of error was then brought, first to the Court of Exchequer, and ultimately to the House of Lords. Lord Mansfield decided that Com Johnson was not legally dealt with in being tried by # civil trbunel; that he was liable only to be tried by a decided on what the: tertain such adoctrine bute to that great juris court martial ; thatthe judg had no right todo, Inasmuch as Com. Johnson was in the capeoity of a Commander in the Navy when he pre- ferred the charges, and was consequently without the risdiction of civil tribunals. What, continued Mr. jeer, lo the of Lord » in relation to d by “a court martial, and that the effects ot his ¢ rules for the government of the Army and Navy, wer to punish, to say that they should ust ly | Jongress has the power to Hep ate upon the whole sab- ject, and it is necessary that the power of legislating upoa the subject should he given to Congress. Congress = power to say that a certain deed, committed by a member ofthe Arms or Navy, shall be acrime, and thot the same thing done within civil jurisdiction shall not be. They the affair? 1 shall not enlarge upon all the points given by him, but only upon such as are relavent to the case in point. Mr. Duer then read the followin, Extracta from the opinion of Lord Mansfield :—* ‘The wisdom of ages has formed a military code, which in iT d digested into an act of of this code is, that the 1 be prescribed and re- duty of every man in the fleet ah gulated by rules and ordinances adap to sea military | May ne that muider in the Navy shall not be punishable, discipline; and that every man in the fleet jor any offence | but that a lesser crimes he punishable against his duty, in that capacity or relation, shall be | by death, although a common citizen who commits the tried by a Court Martial. If a man be charged with an | Same offence shall not be punished ; the offence against the articles, or where the articles are si. | right and power to make requisite and appli ° lent, against the usage of the navy, his guilt or innocence | But although they have unlimited power it is not neces- can only betried by a Court Martial. “A Commander-in ily unlimited. They have a right to create tribunals Chief has a diseretionary power, by this military code, to | by which ail cases shall be tried, if no relative lews exist, arrest, pend, and put any man in the fleet upon his | otherwise their power would te rendered nugatory, un- trial. "A Court Martial alone can judge of the charge. | less there is a clause to allow them to give jurisdiction to j But this military law hath fores that though it is other Courts, Suppose that they hed said thet all erimes should be given for jurisdiction to the W. $. Courts. Con- gress could not, withivut conformity, make laws Now. said Mr. D.C contend, ifthe constitution has givem juris- diction to the U. 8. Courtaover crses like the present, it is unlimited; they have « right to {vege every crime. cessary to give superiors great discretionary pywer, it may be abused to oppression; and, therefore. has provided it such abusu by the 33d article. A commander who suspends, and puts a man on his trial without a probable cause, is guilty within that article; but the same i i i Now, if it be true that the term all crit includ diction which triea the original charge, must try the ‘m all crimes includes pps causes, which isin effect anew thal. And every oes ro piste dag te ee all Cer ot Tem at @ i i i - @ framers of the constita. pends requires the original charge to be tried by | loss to discover. | Itt Seen Se ae Cane: jrlediction, equally holds to try the probable by that jurisdiction The salvation of this country depends upon the discipline of the fleet ; without dia- cipliny they would be a rabble, dangerous only to their friends, and harmless’ to the enemy.— Commanders, in a day of battle, must act upon delicate suspicions; upon the evidence of their own eye; they must crimes to the United States Courts, except those in the Army and Navy, Congress has the power to punish crime on the high seas. Suppose it thought best by court martial to p & man who had committed som offence, by hanging him at the yard arm, could they sutject the person tu trial by another tribunal? Certainly Congress has the same power to make laws whereby | may be forced te suspend certain officers, and put others | Courts, and the captains would be bound to obey, and in their pla A military tribunals capable of feeling | t be tried by (esr Have they. any ps3 sna right to F all these cireamstances, and understanding that the first, | 82¥ how they shall be tried? No! ¢ Constitution bas given jorisdiction in such cases to the civil courts. terms implied in the Coustitution @! that the regulate the army and navy shall be gi My {riend,the counsel on the opposi been considered as a strict constructio: tution. but it seemato me that in the present case, he given e construction that was never before made by a poli- tician and law Leen cag It has occuirea to me, ibe! The Romer to second, and third part of a soldier, ia obedience. But what § condition will a commander be in, if, upon the exercising 1 of his au hority., he is Jiable to be tried by acommon law Judiceture?” Tho learned counsel made some pertinent { remarks on the terms of this opinion, and then proceeded: Now, had not the counsel made an omiasion fatal to the cause? Does not the language of Lord Mansfield apply with peculiar force to the present case? Now, let us ask, ; 5 ie | that [contd best illustrate the liberal manner in which my aaana tae aati eer a Add ta, | friend construes thia article of the constitution, by annex- LA p ing his restrictions to the clause in question, which would venge that he murdered Cromwell meant, that in the exercise of evil p lives of these innocent men—without a charge aj them—without the allegation of pretence for their execu. tion? No; this is not maintained. The allegation is—he conducted the execution as the commander o! the vessel, and inthe discharge of his duty aasuch, The question then arises, what are the duties of @ commander of a ves- s@.? His great and paramount duties, above all other sub- ordinate duties, is the maintenance of perfect discipline among the crew, and the efficiency of his vessel for pub lic service. What, then, is the grand duty when the crew isin an insubordinate state? To adopt such measures es toreduce to obedience the crew. Now, let us suppose that a commander has reason to believe, and does believe, and has plausit-le grounds for believing. that a mutiny bas been plunned on att VW Velaal. shi he arrustes6ing whom he suspects—he believes mutiny does exist—that large portions of his crew are implicated—that have been seduced and corrupted so as to have become wi uments of the atrocious ringleaders already e finds it necessary to arm his officers and himself to guard the prisoners, for fear of a rescue, which he has All crimes shall be tried and ‘of impeachment, all be committed by perso’ thearm) or navy, which shall not be known or puns ble as crimes ' at common law; or shall invo! a breach ot discipline of the army or navy or of the allegianee whieh such persons owe to their eu- periors; then in such cases such crimes may be tried by courts martial, without a jury, provided, moreover, that im all such cases the trial shuil be held on the bigh seas, or without the territorial jurisdiction of the United States. — The last clause of the constitution it is next necessary to consier. ({ shall consider it briefly, asf have nearly concluded the tion that Iintend to bestow upon th ject.) Itisthe fifth amendment.— It seems as though Congress bad given to citizens t right of trial by jury, yet had it not been secured by an extra provision insuring that a presentment should first be made by the grand jury; for the Sth amendment provides that no person shall be tried without a previous presentment by a grand jury, “except in cases occurring in the land or naval ferce, or militia, when in actual ser- vice, or in time of then read somewhat thus punishe!, except in ca except such crimes as it i blic danger.” Does not this confirm cause to apprehend—his crew are in such a stote that it u bes . = an enemy had appeared he would not have dared to entrust | th pundlples at Faave been endeavoring to ms tain 7. them with arms to perform their duty to their country. ‘holt ited jo byte! Seon shaw Itc’ Thi How, under such cirenmstances, is a commander to ect? | ont the vets of Congress will show On they . He must clearly adop* such measures as to quell and re- | °Y The ‘amendment throws some light upo duce his crew to a state of obedience and subordination — And is there not an express provision of the constitution by which commanders who do not use the most strenuous exertion to suppress 2 mutiny, are tried for cowardice, pusilanimity, avd want of moral courage, for which the: hall be punished with death ? Now, ask, does not this apply tothe apprehension of a mutiny, the existence of which is toa certain extent certain? Is there a stronger case, Iask,to which the emphatic words of Lord Man: field apply, when he says, “ discipline of service depends upon the authority of the commander, who acts om deli- cate suspicion, on the observation of the senses, not on testimony of witnesses, which could not be admitted in courts of justice?” It does apply with ten times the force to an apprehended and expected mutiny. What are the circumsta:.ces which lead a commander to believe that his a state of insubordination? They are words, nd gestures, Motions so trifling @s scarce to be recognised, but which are sufficient evidence to him of the sutject. The counsel has told youthat there are c ses that cannot be tried by a court martial. But the constitution does not bear him out in his assertion. — ‘The counsel admit that certain cases may be tried by Courts Martial; but others,he holds,can be tried 3 only by jury. But Congress did not think so; for they m the ‘exception of all cases occurring in the land or naval «In time of war, or public danger.” shall not insult the reason @! your Honor or the public by replying to such an argument. Let us feefora moment what would be its effects Mr. Butter said something which we could not catch. Mr. Duxr.—Oh! I have read an argument by Mr. Spencer on that subject in the Mlbany Argus. Mr. O’Connon.—Do you mean to aver that that was by Mr. Spencer? Mr. Durn.—No, ldon’t, | beg your pardon— ; ; Mr. O’Coxsxon.—You should beg Mr. Spencer's pardon. the discipline and state of his crew. He orders asailor to ‘4 his duty ; the sailor scowls athim, but obeys. He orders | ccf tek te | arom of neliker of you—1 Be per. another to some duty ; the sailor mutters, and slows apace 7 ae jhe ee Ln nite cn "3 0 smelt! TA obeys, Thisisno positive act ot insubordination, but bis | 1t Wa* his style—it was qui argument! laugh.) Mr. Butier—You mistated the argument. Mr Dure.—Ii so, [am subject to correction. The unl - versal construction of the words “ public danger” is that manner has changed, he has lost his promptitude, h cheer ul manner. Now, all this would not be admissible as evidence in a court of justic it not the duty of the commander in these circum cing under the Sats \e | they apply only to the militia; who are not o} y the solemn consideration of serving his God and his country, ie X it not his duty to restore that subordination be has'so | *ijccts of martiah lew abate ie culty under evidently lost ? I will not pursue this subject farther, and hi is chat i labors, that F offered thé expienate indeed its interest to the individuals and to the public, | Which the cot ry remerks on Saturday ; ated that although im the judicial and tegal constructjon of the words they applied to the land and naval forces, as well as to the militie, et thet the public er there spoken of is any ex- igency or emergency arising in time of peace, as well as in time of war, which ren@ers it necessary to hold a Court Martial. Dr. Duen.—l am glad that the gentlemen has eg this I thong! if eny has compelled me to dwell longer upon at then I had in tended. | ask, then, if this principle be uncontroverted— that where anact charged as a crime, committed by an officer or seaman in the Navy, involves a violution of ‘offi- cial duty, and if it depends upon the justification or the in- terpretation of the Naval cone as to the extent of whose authority the case ia never to be the question of enquiry and punishment in val Courts 7— With these objections I might dismiss thiscase. The only instruction to be given to the Grand Jury, interpretation. It is entirely novel terms were free from ambiguity those were the terms— * Public danger” means thet state of things authorizing then ia—Gentlemen, if it appears to you that this was not an act of murder and of ;rivate revenge, but in the | Comers to call out the militiein the imminent perit of er discharge of his duty ava Commander of the vessel, then | (cme cnublie danger” are now to have & new construc. you are not to enquire if he was justified im his exercise | (crm )hUD 10 Ue Umitetion te lend ‘ied neval of authority, legal or other wise; ‘is not for you to know, | frees x ucubih tipposed to axist when @ comst Fe vitimet to meriona the acteinat the act Wenler the | martial convened. Thardly know how to reply serious ly to this proposition. Although no exigency whatever af- fecting the public interest may exist, yet the denger ia to be inferred trom the calling of the court martial, and conse- quently the very state of things exists which authorises circumstances supposed to exist, was justifiable, or it it was one to which the authority of a Commander extends, tue law protects him in it. The protection of the law is co- extensive with the limits of authority; although the prin- ciple which my learned friends have ‘contended for, with | (hei Fe getpciir’ nae Saeko SeameeaetLGe ane this extraordinary exception in the case of Commander | involve my learned friend—1 will not use terms, which McKenzie, might well excuse me from the further consi: | ityray gig Lipeot ‘but [ wiileay thet this construction ine deration of their argument. Yet | am not justified, called | yoply,Curepent: propositions which if not edvanced onas Thave been, to offer my opinion to your Honor on all questions, in shrinking from furtier discus: tion. I shall now proceed to consider the qvet tion under two heads. First—Whi re the consti- tutional powers of Congrers in relation to trial and uunishment of crimes and offences in the army and navy? }econdly—In what manner have those powers been ez- ercised ?_ In conducting these enquiries, I shall endeavor to establish for propositions—that Congress has power un- Ger the constitutional ; rovision and lim’ », to make all crimes committed by persons in the army end navy, pu- nisbable by Courts Martial. Secondly—That Congress under express provisions of the constitution, has power, exclusively, to punist the commission of murder in the army and navy, by Courts Martial. Vhirdly—If the ju- ris tiction given to Courts Martial be not exclusive in all ares, it is Ko in ail cases that affect the government and discipline of the navy Fourthly —Suppose Courts Martial have concurrent jarisdiction with the Circuit Courts, this jurisdiction cannot be exercis:d as to Commander McKen- zie while on trial by a Court Martial Filthly—That Lieutenant Gansevoort is tully protected by the command by bim as counsel, but as a private individual, would ex- cite dowbts as to the soundness of intellect which we have all known him to possess Mr. Butira.—You bave changed the entire collocation of the word: Mr. Duge.—I Lenpoyh a have not gained anything by your interruptions, and I will leave all thatto my as sociate. Mr. Duer stopped apparently much apa | Wer eH as it was now nesr the hour of adjournment, bese: to be excused from proceeding with bis argument. His request was granted, and the court adjourned till this dey at 11 o'clock.) Common Council. Boarp ov Atpermen, Monday h 136—Present Al- derman Woodbull President in the Chair, and Aldermen Balis, Underweod, Martin, Jones, Crolius, Smith, Gedney, Leonard, Purdy, Hatfield, Carman, Stew: Davies, West, and Lee—16. A number of petitions were received from citizens fer public hydrants in various parts of thecity, which were et his superior officer. Lastly—That if the jurisdiction | referred to the Croton Aqueduet Committee. be confirmed, this court has a discretionary po Alderman West, of the Croton Acqueduet Committee er—and in the exercise of it should advise the | tated that all their prayers would be granted ina few Grand Ju not to entertain the complaint | days, as the Committee were making arrangements for that Acourt martial exercises its duties inthe same manner | purpose. that your honor does. It is not only a judicial power, but derived just as much from the constitution as the civil courts are. It appears that the judicial power to which the article relates, is a power having the same extent to punish as the U.S. Courts. The question is not whether A pe'ition was received from the Recorder and Judges of the Court of General Sessions, to constructa ventilator in the Court Room, &c.—reterred to Committee on Ree rs. A petition from Robert Crammic. confined in prison for the court bean inferior or superior court ; the U. States | non-payment of fine for driving a cart without license, for Court has no jurisdiction. That acourt martial is not an | releas as referred to the Committee on Police with inferior court is not uecessary to remark or comment up- | power, ent to the other boord for urrence. on. Inthe higher courts, the constitution provides that | _ A petition was reevived from Fire Engine Compan; Judges shall be appointed, and that they shall hold their ‘oilice so long as they are of good behavior This evident ly cannot apply, therefore, to courts martial. If courts martial are to be considered inferior courte, then they are utterly abolished, and every court martial that has been held since the adoption of the constitu'ion to the present day, has of course been illegal. Am I nut right, plainly, palpably right? Is there any limitation ? Does it not equally apply to the whole? What isthe result of this eonstruction ? That officers that are tried by courts mar- tial cannot be under the jurisdiction of the U. 8, Court, and are consequently not liable for their transactions to be tried by them. The constitution has plainly specified that 27, disbanded at the lest moeting, for restoration to the partment—referred to Committee on Fire und Water. A petition from Peter Ay mar, recommending an altera- tion m the Croton Water Department, was referred to the Finance Committee. A petition from Major General Sandford, asking for the gate of the Park,on Chatham street, to be enlarged #0 a8 to admit the military in unbroken front when passing through for review, was referred to the Committee Lands ani Place Alderman Crouivs presented ® petition from Committee of Trustees of Public Schools to construct a Primary Scheo! House on the trianguler piace at the Five Points. the U.S. courts shall have jarisdiction over all crimes— Alderman Genrer moved that it be referred to no limitation is made here with relation tothe army and | tee on Lands and Places navy, because in another portion Congress is anthorised Alderman Crouivs objected, and hoped that it would he reierred to Committee on Arte, Sciences and Scheols. Alderman Groser obj-cted, and said the property desir ed was not only ” but it was" land.” The motion was lost, ‘lon was referred to Committee on Arts, Sciences a hools. The Commi-tee on Wharves, Piers and Slips, to whom uane street, to make all necessary provisions for the government of the army and navy. It the U. 8, Courts bas Jurisdiction over crimes committed in the ermy and navy, would not all courts martial be abolished 7 And if not, why shou not be abolished? They should not’ be continued— would beaosurd and farcical. All subsequent provision! are subject to limitation, to the same limitation a the original grants. We ‘now see that the instruction’ are not confirmed by subsequent articles, (or unless it is the opinion that the judicial power shall extend to all Courts of the United States, there is nothing less then say- ing that Martial Law must be entirely out of the question. It is necessary for the counsel to show that auch cases have ever beer rgument of the epporite counsel was, tl he high seas cording to the old English law under the admiral was referred the release ofthe whart foot of to the New York and Erie Railroad Company, reported in avor. The same Committee ried in favor of ag ory < bd slip between Duane and Jay streets, to seven icet below low water mark. The Lamp and Gas Committee, to whom was referred the matter of lighing West Broadway with gas, reported in favor ofthe measu wae Alderman Smit asked how the Committee could ty jurisdiction, and that the laws are still in force. Such | in tavor of this measure, when they had reiused to light was the law prior to the reign of George II, which | East Brosdway. iusto the adoption of Jaws to govern expressly | Alderman Ler said the only reason that he could devine, ration of justice in the army and navy. Ifthe low is that murder on the high seas is punishable by courts of admirality and maritime jorisdiction, then all crimes that are committed on the high seas must be tried by the urce. The intent of Cong: was, not to give this the entire jurisdiction over all crimes committed within the jurisdiction oi the United States, but only such as were committed out ofthe armyand navy. Although the Court of Admiralty was still in being at the agoption of the Constiturion, still the jurisdiction over all crimes wes dotexercised by them. ‘The power was limited in the manner before stated. I do not intend for one moment to say that it is notin the power of Congress, at any time, to vest the jurisdiction of offences committed in the and navy inthecivilcourts, But Ido say that they must alter the ‘as it now stands. It will, however, be said hat to support the jurisdictian, we must find sone speci! provision of Con, , to imply a restrietion of the power canes It there was no Manta | Mt hy fend lesen arte would havejurisdiction But ‘he p:ovision' . Geateh yen eagemete ‘and require Congres to make rules | Aldermen Gaosey moved to smend, by sdding Spring for the government of the Army and Navy. The learned | street. conn: aaid tant they had no right to make crimes. Alderman Batiso the amendments. itwould be absurd if Congress hed the power to make |< Theamendment to ead East Broedway wes was that West Broadway was on the west side of the town. Alderman Weer said that no application had been made for lighting on the ast side, except that of East Broat- way. y ‘Alderman Jowss said the Company above Grand street had nothing to do with lightieg below, and therefore if Enst Broadway had not been lighted, it wae not the fault of the Company that supplied gas below. Alderman Punor aid that he had no objections to the gentlemen from the Fifth ward for supplying himself with ‘ag, (although he needed none,) yet he thought thet East Broadway should also be lighted. Alderman Lee moved to amend by inserting East Broad- way. Kiderman Batis said there was no such street as West Broadway, and he moved to refer the resolution back. Alderman Jones moved to amend by adding th Chapel street, whieh upon reading the regplution it was