The New York Herald Newspaper, March 17, 1843, Page 1

THE NEW YORK HERALD. Vol, IX,—-No, 7U.—-Whole No, 3289. NEW YORK, FRI DAY MORNING, MARCH 17, 1843. ; Priee Two Cents, ‘To the Public. THE NEW MIRROR, _ United States Circuit Court of om of Congress in thus studiously depar the go a re ; “Mansfield | " ; - q J ‘ + P ourt. © | ofthe wisdom of Congress in thus studiously departing. | for the government of the land and naval forces, Now, [{ nion whatever was pronounced by Lord M: THE NEW YORK HERALD—daily newspaper—pub- Barve Darn Beet ee ited by Ga Seige ad a Before Judge Betts. obviously on principle, from the former enactments? | what is the meaning of this? Phe counsel say, to | favor of the exclusive jurisdiction of Courts Merah lished every day of the year exeept New Year’s day and hustrated by SSE Chapa who is engaged exclusively for the Tuvuesvay, March 16, 1918. Fusesueptherd were some gentlemen of mature age in | erect a distinct body of men in the State, who were ta be (ded id oe —— were pag -ay having been given 26 per an- | Work. Terms—$3 per an ingle uambers, 64 censs, Somers Tragedy. —V omit . e Congress of 1800, which adopted this alteration. i to such martial law as Congress should di- | afterthe Revolution, it could not be of great weigh Fourth of July. Price 2 cents per copy—or $7 26 pel In the course of a few weeks, the undersigned will by, Bea TwhaGh was aoneioaan 9 os This word “ may,” J admit, may ne construed as impo- I ware intended to govern the individ tual and | O'Connor then cited the case in 4th Johnston. 7" ts y sing aduty in a certain sense, and that the fact that free from the civil tribunals, to which he | reversal in 4th Maule & YN, 400; also to case im 1 DUM —postages paid—cash in advance. tence, on his one accomat, the pablication new series of THE WEEKLY HERALD—published every Saturday oH X08 irror, in the octavo form, onan entirely novel words not grammatically imperative, will not excuse the | would otherwise be amenab! Our construction as, that that this notion of etionary power. But itis | it is forthe government of the army and navy as an entire y of allthings done by naval officers being ia maeerinitiiy pre ta lab, witha steel engrav’ every number, and | Permit me, sir, to approach more closely the precise | officer in the exercise of dis gj ents per cop: per annum— lornisg—price 6} c yr @question not ona word, but on the whole construction | subject, and in their naval and military character alone. | tried only by Courts Martial is not to be foundat all in m +; i harika Amel three dollars ver anaum, or ix anda ein pour honor,and offer some observations on postages paid—cash in advance. The New Mirror will xisted prior to the adoption of the Constitu- | of the uct. Mr. O'Connor here referred to the opinion of | The right to make rules for their discipline in time ot | the history of the English law on the subject. We con- ppear with many striking and attrac | tion of the United States. We shall then be better able to ADVERTISERS are informed thet the circulation of | tive features, distiaguishine It from every o her medicals Lt 3 Judge Story, in the case of Me i Mer- ver ine = , i “ a nderati ase of Merias against the Mer vace, and proper government in conducting operations | tend that the legislation of Congress has been altogether the Herald is over THIRTY THOUSAND, and increasing ieee Reanliel cael ok pd cosh Dam bey ane Spence * berths en heist ements chants’ Bank of Alexandria, (cited by Mr. Duer) Ertime of war; bat not the right to deprive t Fe members| dondatent wih ths Hewn-we GEESE constitutional Ir Weil en ged » sir, ¥ the original law of | ag sustaining the view that “may” meane may and not | offorces of citizenship, and give them an immonity from | berty as declared by the most eminent jurists of England, les ¢ cireulation of any paper in this city, | avdetched by Chapman, il ng tne letier-preas whieh it | England, murder upon the high se. b i , saul pbecdeasy esi Patels a etc vs Gilv" ) accompanies, aad which ic will iavent onieh petulint interest: | on board's national sh gh seas, whether committed | shall, unless from the terms of the act, the intention | all ether law but that of the military code. Now, whilst | ax well ay carried out in the Jegislation of Congre Besides the # corps of ‘corres: | ju the jurisdiction of the almiralty, ead islet econ, | Of congtet# to make it mandatory’ was manifest. | we perfectly agree, and in the free spirit of the English | Before doing so, T wish to observe on the authorit 8 ro- " wlentim—w hi is — ‘ ‘alty, andtriable in confor- i x . Prices moderate—cash in ad- | Powlenti—which embraces moat of the talent of this country: - ‘ . y n conf A strong argument in favor of the position, that it was | Const. jon, in the propriety of e all such trib f J hall, whom [am w ane varie Fras crenata be Po adihy ihe Base pe rede alla dag eis basket andaet eracar notinoant to embrace in this case bifunces’ not purely, | nals as the e igency Lac omg publie d pio may, require, te ee peed ny with anything » om ‘is i i ty military, is found in the fact, ti d off el r il ex. . PRINTING ofall kinds, oxocuted at the most moderate from several of the popular authors of Kngland. With such | tinction between national and private veasels (4th book ot ageinee tie laws of the Dat Shee ae onal be Sie dba: Heotialh ealkon or te aT poten We pid the Ur cae Cet ar eee inly from as high authority here as that of materials, and wii x A Thus i , 7 ; ; * prices, and in the most elegant style. v neyard, (fad ith ech able fallalanncers tp the meni peepee de ea 21 8), CaNA At wi be seaa shes st committed by persons in the Navy. are left out ; and it is | be, we are aiso willing to admit the right of erection of | the English opinion, and how the counsel could press it JAMES GORDON BENNETT: jourval of greatvalue aua uuusual excellence. ‘The parade of | to the jurisdiction of the alurreiye ns igh seas belonged | confinwi folely to those purely affecting the discipline | courts for the punishment of offences committed out of | and yet advange some other things he has said, | do not , mere ames, will be sedulourty acoided, isror will be | hy what was called the Cougt or ada een, exercised | of the Navy, éxcept those which when committed on the | the jurisdiction of the realm, and when it was impossible | know, for he is obliged to admit that the ‘civil tri. Paorrieton ov THE HenaLy Estaacisnment, kale, we hoj rather for good articles withoct na ‘ourt of Admiralty of England, | high seas, could not be allowed to pass unpunished with- | to bring the offender home. ' Vessels, members ofa fleet, | bunals have jurisdiction over all offences committed , by wished names. It wilfem- | it wasas a branch of the admiralt: indicti i i 2 viitof elexunt litersrare, com: | and the judge of the courts of adaeralty wor oomrieead | Out serious evil to the Navy. eeoceert sad manners, senti the deputy of the Lord High Admiral. Your Honor for poor articles with in ity scope every depart Northwest corner of Fniten and Naxsan streets. For their pinishment, | or alone, on distant seas or stations, obliged to remain | persons not belonging to the navy, on the high seas, and men an 7 5 tales of Tomanee, skete! nerd . a ven made thas the trial of the oer fae there, for alength oftime, may require that a jee more jin quently that the deck or cabin of an American ship , LET—The store No. 97% Nossau street. in the | ment, aud every-day life, piquant essays, domestic and foreign 4 . might take place out of the territorial limits of the United | extensive than that for ‘the punishment of disciplinary | of waris nota place, whi fig Herald Building, Apply atthe Hersid office, eor Nase Gar Parana aes litiasaaelennltemenns ots anor imetan Ay i’ that act in 2d “Roughkead’s statutes at | grates. I will picsend with anciasnddittehal astmomttes, [ca liciberahonld tia crested. ob sod, sori thacose, Cant Mam Lstoenethar excinden the Pairing Peet prise — (oi san and Fulton streets, mir and gossip, poetry. the 8 sd fiteray anusical Aud drama thal! of the Oe ake of ee is general, like | to show that martiailaw never had a place in the la tial should be tolerated; and that from th for crime to the law martial. This is admitted, then, pro. “Hous? S To LET AT YORKVILLE Crincatingy ard ianpustial Te will'aiin to foster hitertaure | rize the place on. the high: secs noe ene ete | of England, and bas none in ours. Martial law [ contra: } the case, asin time of war or public danger; and coming | vided the vessel be on the high aeas, 1 will show at houses on the corner of B1th street and 3d avenue; € pe ryt Beat kp Mueandconsiry. itsten: | in which the crime Conmigo gee nor the, Vessel. | distinguish’ from punishments by courts marial for mere | clearly within the scope of the authority of Congress to | once that the case of Bevins has no application whatever falh of them is calculated for a public house, grocery or, prix | Geney will be eheeritd aud enlivening a well as tmyroving. It | this jusiedictiong: ee ele eer denen under | disciplinary offences. 1c is formed for the entire govern- | create all tribunals necessary for the maintenance of the | to the present; the way in which it was introduced struck Nate restdanones Gn chp pearnicen he ere oulivgaleyy | will seek to gratify ever etiued tas 1 bat wever to off nd the poriod, say the year 1700 by erga ae CAR ment of allin the may or navalservice. It is a law | order and existence of the navy. But this is the utmost | my ear as if it was meant to convey the idea that the lan- pie Ege Kove og eld Md ever ceiis'daty to be, toturathe | Tit Cian 7 gee Te cas : b retur@ persone attached to them as members of either ser- | limits we admit, 1 will call your Honor’s attention | guage of the Chiet Justice was part of the opinion of the JOHN A. MORRILL, Es "ait ery: Saturtay, inmanbereot | et fo erect courteot viccutmialcg ey ae giv. | vice. Ic always accompanies them,und italone punishes | wow to the provisions of the law relative to the | cauusel himself. The whole amouat of what was said ms we ; No. 11 Charnber: sixteen large octavo suyer-royal pazes, with double columns, | 8&8 or in foreign dependeno| aon rine tothe. ea them for all offences. In itare to be found the exemption | army and navy, by which you will perceive the mon- | by the Chief Justice, was that the extent of the power of TO LET—The upper put of the store No. 7 New enclosed in @ neat ornamental co It wili form, atthe | of the common law—a species of court not differt of them from all other laws whatever. It isa system of | strous consequences to which the opposite doctrines leads. | Congress was never to be questioned, but its exercise hese. ew doors from Wail street; the second story of the year, two superb volumes, cack of four hundred and | jn fact from Courts Martial ‘Ueiaise Boast u! re 3 entire government, exempting ita subjects as well as } As to the army you will fiid these sections—first, the 54th | was the doubtful point; the idea intended to be conveyed has two offices, and it is adapted for a haut or laws teen pages, filled with the gems of literature and the five | ease T roferto sth Roughead, 683 belig the actor this | punishing them for disciplinary offences. In the former f article (4th vol., p. 41.) [Relates to good behaviour of of- | was that Congre when they builta navy. had not site edad MLSE THC abl oL, correlation te the seroe ae Meee er teeee tense, it 44 most obvious and detestable ; on the other, it § floors and soldiers ia gurrivons, ana provides that vesides | given jurisdiction t J. States courts on the exprei W other eouutryy cousdering | {ences that were not certainly within the jurisdiction of is not odious but necessary. In the former se the pnoishment by the civil tribunals, they were also | ground of the offence having been committed in an Ame- tad Veauty of ite Fitty-Twe, engravings, aud the le | the adwirality: that ic, owet tetees parates its subjects from other citizens, and investw them | punishable by Courts Martial] This I contend recog! rican ship of war, and without reference to Irunaic value of ts literary contents” “Thove desirous ofrecerv: | whick deci on land followel or olee retag Tie hose | With special privileges. It is for this privilege both the | the principle that members of the army and uavy become | the location of the’ ship. It is true that with. ing the pper from the commenc have it panctually | naval code wasenacted in, 1661, 19th of Chas. II eh. o, | CouRseLhave strenuously contended. ‘They have con- | invested with additional liabilities, and are aubject, super- | out looking at the whole context the true cen- : ao wen ‘ to their adress upon thely wo the undersimueds | (3 Roughead 210) Vout Honor will fod ches sacatk & | tended for this exemption frem other laws as necessary | added to the punishment of the military code, to the civil | struction may be varied. ‘The observatoin ia not eon- «ccuvenjint to stary houne with atic rooms, basement | at No.4 Anu sire’ thee dallas, er af a length in Ist, McArthur on "Courts Martigl 2325 ant | t2 their case,because your Hovor will perceive that they | tribunals, (The 33rd and 99h sections were also cited by | fined to persons belonging to the navy. ‘The use of the ounter celler, No, 229 Nineteenth street, oceupi BPA at ey diate AL eh 10 oer Pia abeyance opuld not maintain thot this exemption and lability wan | the learned geutleman as establishing the satne principle) | Words, “wherever it nay be stationed,” renders it possi- " a A » then, peculiar to any particular place, because it attached to e distinction is recognized in allthe sections. Thelan- | ble to mismterpret w! he says, and to maintain, to the individuals thamselves, and made them a class,ifdan- of the Constitution is just as broad with respect to | some extent, the positi hat Ce : ‘ zable under the admirality and. triable under thi : ‘i ; : i i : sealants Cae cn Means ance rents Will be moderate. Appry to any deviation whate: if v y eo SAE te eens e1ous to the enemy, certainly most dangerous to their army andnavy, and it indi’ la in the navy are ex- | gress had excluded the jurisdiction of it MR. DELAPLAINE, 08 Well street, __ Buch Eitors as copy the above, will oblige me by forward. | Tal law there was no law by which they could be punish. friends, if the country which harbors them cun be called from responsibility to civil tribunals, the persons | courts from the deck cee ody of the GL se nay m6 Im*r flice No. 9, cor. ef Water st. joo eagle AE Ma Fevnming Pie cxenenge, Witch | was eave) eee eee whether during that period | their friends, Ihave shown to your Honor that by the | composing the army must be equally exempt, except in | But if aid 80, the counsel has admitted he said reer: {pterrapted, me SEONG MORI een | hese, atarutes Ought to be construed, or subsequently | English law the urmy Courte Martial were confined to | #0 fur # provision hae been mate. But thoee ex. | Here your Honor will Gnd the importance of noting the ! tice in the naval service a Geant Deitel ented by person | strictly military offences, and that naval courts where | press provisions do not embrace a multitude of offences, } Variation of the old acts, from the 2lst and 26th articles, i" ml 3wiatr No.4 Avu street, uear Broadway. | one authority in the & a i bes a4 we have at least | they exceeded that, exercised a jurisdiction originally | ome of them capital, and the inference is, if the con- | passed in 1800; in the substitute of the word “mey” for nglish Books. In I. MeArhur, | intended only for extra territorial jurisdiction. The | struction of the counsel be correct,that these crimes when | “shall,” and that it was merely intended to sanction the tables, Sc. 'y ofthe most. choice zrane vines. ve truat t i liand my f Hent MEKICAN LAND AND N PIC BW linn % ny ete tebe: Towers babe PA Le Hy youre crnorcnce fide | P21, your Honor will find the case. Mr. O'Connor de- | naval code we will show contains oly three offences | committed by persons in the army’ and navy, mist go tin- | punislimont of murder and, topbery | ; r : ¥ | and navy, B P bery in the fleet, in cases Vetlies thore peculiar to the service, unless the Inst ar- | punished. But how stands the law with respect ‘to the | where tke action of the civil courte wee suspended, and ; water ov the premises. ‘This property is well calculated . Siners having above thirty years’ experience in the | {giled thi {hr the secommodation of a respectable femiiy, whom weil | man ementof Heal te, and Tensei alarge Landed pro. | tailed eater cee tany naval officer) ‘and, be Jet for one year or more on accommodating terms, by apply- imvelf, also feeling great confidence from the Libera! | ted ony d sin which he decided | ticle be madety apply. It was never pretended that un- | Navy ? Nocrime is provided for except murder and | the intervention of martial law sanctioned ex necessitate. ing to seaten HatAR A pecronags hie has herotofore enloyed, respectfully ‘solicits the Leeroy tat Glo Areal eg Civil tribunals— that | der these articles an offence committed by a member of | theft, unless they shall be considered as provided for by | This intreduction may have seemed long, but | was ne- ‘100 Pine riean Litks eid Lean. Othon a Wall cheet, inthe Yisdictiooshuvhardsteateteirrc re Concurrent ju- | the uavy on fend, exempted him from the jurisdiction of | the 33rd or last article. ‘Then from what an immense | cessarily led into it, and after all it will not be lost, “4 fe ing todo with the case. Your | civil tribunals. ‘The 94th article .s,that all other crimes, | amount of crime are the officers of the navy exempted | | will be thus vo or exchange of Houses | Hoaor will find by refereuce to th li Cour i i fi r tac Waa SAARC HERE Le iter ions y nce to the act legalizing Courts | not capital, committed by persons in the fleet, Sc.— I will reter you however to the lust article of the rules for | constitution and the acts of Congr Lama Ueale pm bli sale and for the hiring and letting of Houses, Brores, Mache erry, passed in 1980, lst. of rales and Covxr.—That’s the English the navy, the 33d, (3d Bioron, 366,) in which it is sup. | ity. Now, sir, what says our po la be ieade vata tworvery convents er . ped pele FO Ba Hera for calang ue ger Feels Mend tal dog ar Saye McArthur, 41.) that the _ Mr. O’Conran.—Yes, our ewnisthesame. Now what | posed there is a sort of cure-all for this non-lia- | power is declared in the 8d a jon: . Sgoney snd eaperrisian of aah heures aisg for the Bap the statute Organising tee eat? character than | init that these articles place en the sea forthe purpose of | bility. Well, then, they are to be punisued according to | among other things, to all c law and equity, and _f19- Imre 60 Grand or 27 Wooster sts. Persous having property to avi exchange or let, will findit | This, then is tho conse eye, Courts Martial\— | denouncing punishment? Isitthat all other crimes not | thecustoms of the sea. Isitacustom at sea that your | admiralty and maritime jurisdiction. Mr, 0? Conner TO LET—tom ist ot May hext, the moder built | to tier advantage to apply. at this office rather than te any wiljeototthe army a Hosa rt of legislation on th capital, committed at sea, shall be punished? [t isthat | Honor is now acting on? fs it not a custom on land? | contended that :f there weie any admirality jurisdiction, am (wo story, brie house, Noid ee eee 4 other in the city, both in point of economy and despaten. semsae thes ealer: re nen of England, and with the ex- | they suall according to the customs used at sea. [tia to | The counsel says that that article was hastily taken in | it was this: to punish offences in the fleet—(1 McArthur Bement and collate eat afte” | yAliuronerty registered im thin office, will, if required, be ad | Stlorwards aaoyted, tis seutene ret of the army were | be a customary a law, used and practised—where? At | fromthe English code. But is it really meant that the | 4th sec, p 838. ‘The 84 erticle declores that al} ca jenlare naw b x - Meee rama ene widely circulated journals, | eee or the Keglish low dee ete ese eatantially the | sea. The article carefully and explicitly refers to alaw | usages of courts of judieature on land are customs of the | except of impeachment, shall be tried by jury. Ca ORFICES TO LETSIn sore No: 68 Boum atreet. | and crery nouorble exertion, made e sUwill, {f'de: | from these. statutes and rate ge. eee erenent time | And | known to custom only, and by the fuct of its being putin | sea? What are the crimes provided for in this article? | impeachment are provided for in the Ist erticle, section FEB Apply to c. A Sl + 5 ® patutes and rules we gather the general idea, | use at sea, Now can it be contended under this that | Those not included in the previous article? Certainly | 3,subdivisions 6 aud 7. The case of which we complain not thecrime of murder, provided for, When? When | isin article 1, section 3, subdivision 9. You will see that committed out of the jurisdiction of the United States | the word ‘crimes’ i 'y limited to ; sired, be offered at public auction, ‘ fil i i Fiice We-Fine strost,. | ee cacy foatte aarti as kiviny to@wners of the } as | will hereafter show to be correct, that in all the rules | thera articles did not anticipate the erection ofa peculiat courts, Those offences withia the body of the coun- | that article, but is intended to include all célmes, wher- try— . evercommitted. This is,of course, not meant by us to ir e : ok = e will also attend toeffeeting Insuranci 5 and articles for the government of the army, it was never | ¢rj a TO LET OR LEASE—The datory brick dwelling, | taintuy and lonting of saaneo ea bont wal none tee uot, | mtended to tolerate or permit in time of peace martial | “i0uP denphondert natin tee TTD the Lotta etihe ! Mr. Dusm—Shall I explain to you in two words, include mere breaches ef discipline, however aggrava. Mr.O'Connta—1 askwhat becomes of all his argument | ted. But we narrow theterm “government” to its regu. withgrore attached. comer of Broome and Wooster sts: | securities, taki law, a8 it is called, uy, E ° i t Lill The uhove ie'a good situation ora grocer, and sould be | tnoncy fosueds ahdvo have tiles to greet ened Re gece | found that these staiuthe met oo oC England | le ae is moat ex peeanly teehee. | How to dbilaw this about the government of the navy taking these crimes | lation in time of peace, or punishment of cffences cogui- outof the power of the civil tribunals? rable by the civil tribunals, when no other trial except jor lensed, ata low tent, Inanive of ulemen of tha legal profession of extablished character Ho ae- | fined to offences purely military,oflences involving purely | CP; letme show what ie the martial law for which the Mr. Duen—Our view of the provision is, thatallcrimes | that under martial law ean be had. Inthe Act. clusi AUSTIN. 16 South st., up etai d 4 . , It ii ii ants 6e®r JSHRADY, 157 Eldr'dge ““flolters of Facaut yround that requires improving, will ful i | 884, Simply breaches of military discip violations | of the courts of @! airy. (1 Mearinursp 10) Now let not included in the provisions of the articles committed given to the Circuit Courts ef all offen in the flvet, nre punishable by courte martial; that crimes pro for by the lsws of the U. State ees CH a. f that conduct,the rigid adi 7 MANUFACTURERS AND OTHERS —To atly to their advamtage to apply to him, as his knowledge of | 9. the rigidadkerence to wnick is indispensa- | me refer you t B Fae ee inom taxcratle tarmne, or Sor exchange for We hind of ba ins which ‘sre most productive for, the ‘dtfer, | bleto the maintenance of the cemys and that they leave to | Blackstone, iz 98) fovea aatcaes Wastes acted Tost farm neur this city, the twe five story bnildings, 201 | ent Localities, ts of the eat_importaace; and his long ac- | the orinary tribunals of the land, the punishment of fry i 4 far Ean oad eth aaintance wich the befidine aC henses weil seco bi sil ofang q '] a dthe common law. Now this case explains more fully a Gur, Basen 'cellars, Apply’ ai 100’ Nasings 20 | thom erected onthe mast ncongble tera at fr les expose | society: Witch wes desea, peng and geod order of | than I could, whet we mean by that distinction between eben ‘Serer | than is usual, i «| punishable before en of the ci eriwar ong ou | disciplinary offences, and those which are violations | committed within the body of acountry, by persons in | It is contended that by the 2ist article proviaion is made * THE UNDERS NER JGNED ro Uifer for le a large ae we chy hae pe argon nadia Sail theattantion Aipiel Honnt to the lava! int valer hat chap ceneres Good ch Fe afieopl byt pete ‘Qistisonatels ts DAT. math Be panished by civil tribunals, eon murde} beset ape _— ripe r. portion of their Real Estate in the city of Brooklyn. | Si ° : %, “peor ; : plain and obvious. Itis undoubtedly true that a discip- ver advan ‘ t y” punish murder with death, fFaommorte over which they could exercise no ci Will be of mreeh yolue to thane: Tatendig ottnpoee saben eur terme tha fingli-t navy, as originally adopteé, | jinary offence may also be anoffence against the general | Mr. O’Conson Se much, then, for this boasted neces: | is not depriving the prior Court of jurisdiction TheCrimes irci, yrevented the sale advertised to dehad on the 15h Decem- | Propery distributed aud aaperintended, and direct the anleand | the present d Sit Waar verieed va enincaie tae tO | law ofthe realm. Itis true that an officer holding com- | sity ofexempting naval officers from all offences,which | Act, itis said, does not extend to the navy, because it ber | te has heen finally divided acd cach'party in iaterost | it Wi! be found to be a great saving from the fact that property | neral proposi jon that the Es Late ag to bia rety e ae munication with the enemy, may be guilty of treason, | even they may commit in any place; they are liable to | could not unless Congress had recited in the preamble are fee eee e forthe last three or four years has been frequently serificed | ‘martial contemplated the ah} ii ee Dave aaa. as wellas guilty ofan offence in his official and peculiar | be tried by the laws of the Srates. and even of a particu. | that they were making provisious for the goverament wll sel : from the want ef proper attention and skillinl management. purishmentoferimes committed | capacity asan officer of the army, for whick he is re- | lars uithongh the act was committed on the deck of | of the navy. But that arises from his construction of sponsible to the rules and articles of war. And though | avessel of war. { apprehend that the counsel has conce- | theterme of the constitution, which | have already com- ded that there is no necessity for the exemption against | batted, admitting that Congress did not ever anticipate what [have been arguing. AndI think that he has | theerectionof a navy,still the Inw applies toit. For conceded also that no power was vested by the judicial | where the law is broad and embracesthe whole opera- act in Congress for the crvation of a distinct body of men | tiens of a people or the navy, aud so when anew aukject to he exempted from the anthority of all civil tribunals. | arises it is necessarily embraced in the law; andthe ‘The undersigned intend to build a mamber of baildiogs oo | ee et ten ee ature aD agent rakes charge | i the fleet and at sea; and also contemplatod the trial and be 1 do not deem it necessary, | think there would be no dit- uisan rons Wishing t hite or purchase property, or | should have footing within the jurisdiction of the La I TORS TAs earnest ob gunn ocx tn ed ng Ata distance desirous to seli or counsel were cellelen to dispute thet, he would find - 1 The reference to the decision of Chief Justice Marshall | mere circumstance that a particular class of veasela was ‘nits wale will be positive, on the days to be advertised short- | farms, or houses for sale, and wish to have them surveyed and | Now on this subject let me call your Honor’s attvmtion to | Givil tribunal, could henot be tried again by the military ‘ ving atth puest. bas Vn and othar papers prepared. Beoobie ply to my associate, that this di soundness of his argument He had admitted the liabili- | dence to show thatthe uct itself contains sufficient evi- Mays are now exhibited at the Merchaut’s Exchunge and nt | 9p forthe loaning or putting gat ol money, mast be directed to Mr. O'Conwon—I mean the articles of 824 George ii— | officer and his inferiors, It is true that Mr. Butler did tion of ci d oe Wave Wigner an ably pent, | be performed on’ board there ships, “The best one to Courts the Courts Martial have exciasive jurisdiction. | office was created only in 1837. But (he term in common rties wishing to purchase, are invited to vitit che rremisess | o. 00080 by ealling at thu r* breaches of allegiance of the superior officer pense, by vides thatall cases of murier shall be punished with J te three miles from the whole shore of the United States, | thatthe term “Commander” was applied to all nm aaNogd Reman ak, Chaves A: Grin, ta» 18 | Tye hastoug bern accustomed to preeribe for ne the punishment ofacrime committed in the fleet (which | ‘Be Preposition— story house 34 Walker st, between Broadway | The very low price at wt sureh st, an excellent situation fora genteei family, oc- | cheapest periodical in thix or by Mr. Verplynek rick sure corer of Pike and Cherry streets, oceuni- 1 by Messrs. Valentine & Co., asa feed store, a desirable and a ihe two story brick house, No 73 Gold street, one door from | supptied on the usmai terms. : i : fy he twed atory belek house mie uss 11% igily adhered vo, without | C'IMe*EOMMitted on board of public whips were cogai fe Sprace st, formerly ownea by Mr. Miles Hitcheock. The lots _w6 r 1 tution? The judici icle, we are told, to extend 0 LEToFiom it May ver two medem two story | of New York, for the purchase, is i in Gand wrect, neat Wester. Also, the | Sl £0 t cowl iaity of the East river, and on the ches, the remaininz part of their property wuriag the eusvingsammer | orinei real catate, may depend cu, hav; thfully and | Judgment to be on board the fleet and d th end will engage with purchasers for unifoimity, against | Of their real estate, may de ng rally. an e fleet and at sea, and that it ‘ee ily, memiwed—and all moneys received, “promptly hever ‘contemplated for a moment. that they | gcuity in showing that in’ that case he might be tried pauinkeerels tie wnerally be socommodated, free of | civil tribunal, AndI think we shall gather {rom aij | Bd punished for both offences, 1 think, if the learned 1 ca description of the property, | the light om the subject that a naval court martial | py re i ss enth Ward, mthe centre of and now becoming the most ‘ ‘ aS PROPERTY ore himself involved in no little dificulty, Or supp fedhe en iy, rte at will receive immediate attention. Persons having country seais, | ha® Never sat om the soil of England, and never could. | oiticer guilty 01 picking pockets, and escape a trial Ei OFsre be Anu dnc ai aeun Gite Hee eines ald i epineciroumetaning iat ob Tans of veasele a cy a 6 41 di or porns ;, atte: essiol - plated, can; be supposes jo cxclade them ly, avd wil Commencs on oF abont, ths Sith day .ot April | érewings taken, ean have itdone.in the mosr elegant manner by bee Seep ststes of Hee BAYT of George the | Code? Most undoubtedly he could. Jt was said in ~ ken away a good deal of power of demonstrating the un- | fromthe act. But we think there 4 a good deal of evi- i Iso, Centra x, ction wes created for init daesammckcberte ite. nie onnees teal as All letters for the purchase, sale or exchange of real eatate, the unjust purpose ofmaking a distinction between the | ty of officers ofthe navy to the civil tribunal, but that | dence that the existence of a navy was contemplated — rig oat of ted 16 | i inat of th ni : e when Congress has excluded the jurisdiction of civil | In relation to the word “Commander,” it is said that the office af the auctionsers, Wilkins & Roliws, auo William | WiELiAM wwe rs zai Wogan +S hese, your Honor, requires divine service to | use the expression “ breaches of discipline towards his me Mi ae ay ; y, mut. z pi t Cee ; r officer,” but he also added in the same sen- | Well, he has,I think, even now quite a broad field.— | ordinary parlance applies to Commanders of vesrelson f invited to visit she rremisess aoe ban tee: whi-hI cancall your attention isthe 98th, which pro Thore is still'a vory large territory unprovided, that is, | the seas. And you will find from the articles oi 1798, ren deuce, Ire Columbia ty Brook yy cr to Maxwell & m. GREGORY. ~~~ | death by order of aC ‘4 fo the executive.” In short, then, we contend against , a i "4 ‘ q ff DR. GREGORY. y order of a Court Martial—the next provides for on which murder may be committed with impunity by | officers of a eertain grade. Mr. Dusr.—I m aval officers. Murder being specified, how far is pun- | Mr. Dura— Qa! we never denied that. if the Court please, correct thi xchange, of to Clarence D. Sackett, bsq., No. 12 of patients, who, for p ticular reasons, I do not name for obvious reasons ) Your Honor will find i if wi 10 e 2 pe strett. ad * 4 ; and interrupt the counsel. ishment prescribed for? The counsel says now, if with Mr. O’Conner—The Crimes act of 1825 (7th vol. Laws, Boca, Mareh 15th, 100, naire Bi ctastehn ot coi loli da Yoebontion sododcontae pere| te tke POR RO LER een persone belonging | Mr. O'Conxon.—You have done it 40 olten already, | in the jurisiction of any particular Stato it is) punish- | 396) requires uo other observation from us than thut the co A_ JACKSON; ows morbid conditions of the living tissues constituting the | th. clauses wh. pneu i sae Dee that you need not apologize. able by the Civil Courts of that State. But if without | lith section is no more than a proviso of abundent eau- a Aceon fase of mala ties alluded to, and by this menus hes obtaine lnsivaly a eran trtan as intended to be Mr.Doxn—I do not ask your permission. I was re- | that jurisdiction, it is not punishable unless it comes | tion that the right of trial by Court Martial is net tobe wil ERG in cuit dneael of Abs rrlierunme the wuntamrieloeiees Rrcoasn ct fhe word, | renatame Jurisdiction in the strictest sense Of | presented a9 not correctly stating the proposition of | under tne description of “unofficer like conduct,” and if | taken away in thecases where its exercise is proper and c' ranch of his ere ion, ruc pathologi . el a ie, , fer nm h oO} 5 el e! . Ps ished precedent. le +3 dw mi sieod®ee CHHISTIANA A PETTERS. | brauch of his crofeasion. The true, patholozical bat Now ee Tee ection ath oee2 | the counsel. 1 was not present when the | officer like conduct 18 to be established by precedent, I | safe. Onthe Crimes. act of I had certamly « don’t know but even murder will not come to be counsel spoke on Sa'urday morning, but a faith: greattriumph! It abolishes thi sh ment of mutiny FOR SAGMCAevimble, cpunuyrendewce a | Wel fGad variety of form sed tenure ia rear what is considered at sca, I refer_your Honor to section | fe} arte taken by my. associate, | deemed unofficer-like. As te the jurisdiction being | or arevolt given in the provisions ofthe Crimes act of 90, dare. ing. cou ecic, With Barus: Blots, Goqhud ton | soentclone el thane whe ir posvat gr im Fo mony the Same act.I McArthur S41, Itissaidthat | Mr, o Jed.—It must be obvious to your ited to one league irom the shore, | by the civil tribunal ainly and mani. iand, nding s Garden! weil stocked w ee iat Cones a remedy sap ible of ear member shall go ashore till the trinl be terminated, | posure ntetiaaloted. atin trite Trefer to 1 Ki . 190. Bat I think the the merchant’ service he ry, fruit trees, ian te igh wr, of sa try # is u ey Le hl ee cashiered But 19h George i locat: d Iron street, less than ahalfa mile of the” New modifies that i ‘kandi Lens Vatand Railroad, which has a communie-tion | '"y eure disease successfally the aymptoms must be inquired | vious toour Revelation end it ia rena hande faces gy | tion therefore was ne ith this city several times aday, ond at a rate of fare v ry | into and carefully investigated so as to distinguish between | up to that 4 not onl} N be held ai tion of language, that Uuchreduerd from former prices, making it a most desirable | cance aud effect Aeause aod symptoms are :teeff-cts | bhe the mentee oe eas the Court to be held at sea, eric enes fora cerson retiring from the city, or oue who may | —we often mee: patients who eomplaim Ol. some r- maining ¢ members were not to go ashore But the Gounsel isi-ta do bnainess in the eity. A portisn'of the m ney ea | symptoms alier(a# they -upposed)the disease was cured. Oa Tilll fay that the terme of the act imply that the trial | such sinister design as might, if it ‘were not, on mort ‘oat . c i dn i | Hh were : JOHN 8. VOORHIES, Book S41 istegarding the cause which ought to | risdiction ef the Gourts of Great Britain are created — | (uty, Which an interior owed to his superior No.2 : | Dy surat daria dwell longer on that point; your Houor’s clear N J.MARSI me I pation jurisdiction is often created. So with i ma 2w*r sErcesk aan oat, Y hin a rewonable time | tnis; the origin of the jurisdiction was the necessity in | Perception renders it unnecessery. The struggle ‘OR SALE.OR EXCHANGR FOK CITY PRO- | ton. Thi y inuitythe vie | that warlike nation of creating tribunals beyond the | ‘{foushout has been to establish an immunity from all is ee =A Fara of our hundred acres, situated m | Tus inay be subdued jock lane 2 stilt more a0, ch. ‘when applied to acer this—which readily grant— in abolishing the offence of revolt, as given in the net 1790, state that they cid net regard Kas extending to an officer in the navy. ith all the counsei’s flourish about the legislative exposition of the law—he has not guiaed much. And as to the value of legisiative expositions of the law, | refer your Honor, amongst many ether suthorities, to 8th Wheaton 695; Ferret againat Taylor,9 Cranch, 51; 22d Wendell, 103 ; from which it will be found that’ it is of very litt authority indeed What dowe say? That the Court Martial at Brooklyn ia sitting without precedent, and contrary to the express provisions of the stutute. Again, the counsel has attempted to laugh down @ proposition that this Court is not an inferior one, whose jurisdiction can be taken away. We concede the proposition, that this is a Court of special and peculiar jurisdiction, as all the Courts of the United Statesare. The same must be conceded of the general government itself? But is it an inferior goverament; are they inferior Courts? No, ly not. They have as enlarged jur ion as ire of the goverament will admit. But that this Court is an inferior one, we deny. I refer to 10th Whea- ton, p.199—aahigh authority as the consul can desire. counsel has di rted from his whole position by this ad- mission. It takes away all the tropes and eloquence of the speaker; because it subjects otticers of the navy to pun- ishment by the civil tribunals for those very offences which are complained of in the present case. Their con- struction is, however, that the word “ government” up- plies to the navy individually ; we contend that itapplies to the navy asan unit. Giving to the word their construc: tion, [ was about toshow, would lead tothe most mon- streus consequences. It would permit officers of the na- vy to perpetrate a great variety of offences not provided for inthe naval code. If they are within the * Criwes Act” en land, why not on ship-beard, that is, within the admiralty aud maritime jurisdiction ot the United States? There is no more propriety in the one cage than in the other. But now, abandoning that ground, the counsel seeks to except officers in the uavy committing an offence cognizable by articles ef war, and on shipboard, and with- out the jurisdiction of the United States. This is, | think, Jong and witty an exception asthat he charged on my arned associate The word “government” is very bi |—open, as much as any one used can be, to judicial construction. They say the army and the navy are re- ferred to ; we say the individuals composing the army and would’ be inadequate to convey a clear idea. Tlustre ry; and such 18 the imperfec- impossibie to lay down n brief definition which willbe sutficiently clear. Therefore it was that in the remarks of my asseciate, ith no Sanath es | licate of thescivil powerte el else aes aan yette | other law in persons belonging to che Navy. That is the Wine “Bandcanty | fino Simei re daa megs eects esate | FveTat "Rw, Rochas i ke este eit ot | athaton th great and generl principio of th awd iading. \Handeomety | thathas heretolore bern averlvoked or imisuuderstood . Per Fare en tat cout ent keriere with "rial BY | of the greatest and most free of, ancient nations from Tere a moe ds (tnd gst oF | have tthe truth were.to be sacer‘ained m-dicine alone would | J&ty Hi ¢ which we date our erigin, and as they are defined and explained in this more hagpy land. When you coms to ‘ the constitotion, if you read it in the light of settled con. diction es to edmit of the exercise of the Ju- | ‘es ; Sisdictwn “in @ @hlp Within tha body of & conctty Fee a oe een ale eith @iaecicit point gaitoeabion ‘of about Bi acres in Searsdale, West Chester County, comer Spring street ; a Dr. White's, eorner of Suff tkand | This was, I contend, contrary to the spirit otthe English | with him in all his details. But if you disagree frem below White Plains and twenty-five ‘rom New York | Deinncey streets, nnd by the author, at his private residence, it | Constitution, but as it was soslight as not to be percepti. | tht general proposition,you will decide that you are not mn the matn rowd leading «o and from said places. On the | Barclay street, near Broadwac. He i ever did | to decide im favor of that immunity. This ground remises isa spacious double two stary dwei:ing house, with | cungnited wrivately at any hour of the y of the “pein a cits Ls Rite Per ge oi ROU A sie ee ap aed fom Could alone have sanctioned the argament adopted by lars enquite at27 Gouveneur srrect, where a | wever effect a cure. This latter remark will especially apply | Jurisdiction built up; but subsequently departing tibet = Htimer | incaseso! strcture. Onths subject the reader is referred to | 80 far adsesne view can be see. Titimer piace, tae renee Le rede FOR SALE OR EXCHANGE FOR PROPERTY Nos.79 and 100 IN THE CITY OF NEW YORK—A va nable Farm | tin street, st6} Bowery, comer Walker street, and 188 Bow ‘om the original nature of the juri ‘ome, aud may be | bleto the people it was tolerated. How far ca orevening. seem sufficient in number to alarm the jealo 12 bea Ne orehards, mostly grafted fr ach, Z + 7 »paidy ive | PSlish people is uncertain. I took some troubleto try | the counsel. Because they have coutended for the Con- | 2avy—their conduct as members of society being entirely | Again, in1 Sumner p. 531, the same principle is repeated. erry ant peat trees, 2 good well of water and cistera holding the bok bs heusutani, wiseh shal also oeoaage pads’ | Whether some cares could be found, and consulted @ | Grogs having the absolute power to govern the Navy as | Under the cognizance of the ordinary tribunals, Wedo | Atdtheas cases were ciled belore end fequired tome about twelve acres of wood land. The ‘ory is the proprietor of the" American Medi- | #Chedule, in 2d McArthur, an Courts Martial, page 419 Ce oe eee ee ee cedy care fer tea piece | and extending from the year 1760 till 1613, and could not fire's ie find more than five or six cases of murder, One is the ‘Me-"icated Vavor Baths administered at all hours. case of Thomas Bingham, tried on Feb, 81,1770. Next, 7 ec i that of Wm. Hunter,a Lieutenant Commander, for kill: premalaes, or LONDON AND MANUNBSTER INDIA KUB- | ing adeserter. The next is the celebrated oneof Lord » RNG os Raita. BER GOODS. Camelford. | The next 4s thas of Oaptain Whitby, in 1906, a e on st. HOLESALK AND BETAIL, wall and the last occurs on the 24 of Oslober, 1812. The a FOR SALE OW EXCHANGE: for productive real | WHOLERALK AND RETAIL, No-s Wall t is no evidence of the place of trial ofany of these, except array lave, Deay ine spit ges prpeity in New Yorn or Brovkivn, valuable farm of | ment of imported India Rubber, Water Prool Goods of Lord Cumelford, which was at Antigua—in a foreign | Citjeens, but be hie fellow. officers. WA most, valuable acres, onthe head of Little Neek Town of en, of Lama, Cashmere Lam * i iu, Leng Island, 12 miles from New York. On said | Mermoaud Cotta, of alt colors aud'sites. dependency. It cannot. therefore, be inferred that the | right for the oflicers—a most unfortunate one for the poor of ‘two story house with fuiding doors, kiveben, and ‘Cloth—Iudia Rubber, Water Proof, super Lama, Lama Per | Power of punishing an offence, not purely military, was | seamen!—This is | believe the first time this question ha foun’ ciunchourcouh, milk, smckehouss, fes.; also, a Pie ay t epered for tailors. * | ever made the subject of atrial by a court martial within | hoon iaiiatat thee ae canoer; ead I ce nerelore re Joable frase, barn, sla, eribe, &e., in good order, | “India Wabber Webbines for suspenders, corscin he. the kingdom of Great Britain. Why wasit that in the | unaple to refer to American ‘uuthorities. Your Honor Praca of ny wild fave andother ames said far isin | _ ats ératy CHAS. ABRARAMSON. | army the rules were never permitted to extend further | Wilt obsceve hem the history of the English law, that elite 5 to , anid a i i ex pass daily to and (rom New York; few furmsoffer so many | JPRS. CARROLL'S Medicsted Vapour athe. 25 Court than purely military offences? And why isit that al. | whilst the martial law was carefully excluded from all Tandt street cd throat, lanb: though such offences as were against the peace and good # which could be brought within the remedial juris- erof Myrtle avenue and | fever aud ague effec! order of society, were punishable inthe fleet, ont of the | diction of the civil courts, yet yielding to nec ‘Van Beuret, onthe prem'- | cured in afew prevalent ching cold deters | realm, they were not in the limits of the jurisdiction | there naval soucte ware parmlited to try feat nt IG iwere_ | many from using the vapour bath, whereas if proverly adminis. | of the civil tribunala? Because in England there were | snirotherice where thelticnders coult net be beonght Offered at puone | tered, itgives s stimulus to the skin which enables it to rest | competent tribunals already created, and martial law | homo tor trial. 11 and 12th of Wm, and Mary, ch. path was not tolerated on the soil. To show the odor in which | yo}, Roughead—43, secondl: the fleet beyond the re- martial law was held in Eugland, I refer your Honor to Nelo eerlieee not doubt that the power is, however, necessarily exclu- sive, to the full extent, as it respects the discipline and maintenance of the army and navy. Is it to be sup- posed that is given in any degree to the civil tribunals 7 Most certainly not. And this shows that oar construc- tion is correct; that it refers not to individual acts not @uthorized by the official y,and in which cha- racter they violate the known laws of the land; but solely to offences militatin, t the discipline and maintenance of so applies to the regu- lation of their action out of the tion of the Unite! States, where the provisions tor trial by jury caunot operate. This gives the rightto punish any crime with out the territorial limits, where trial by jury may be given. The doctrine originally contended for, of this personal exception, would lead, as your Honor will per ceive, to the most frightful consequences, ‘That would have been the erection of a standing military despotism, of the most fatal and destructive character. The private citizen would be liable at any time to be trampled under foot by the military without any redress. Not only to individuals, but to the States this would be utterly fo this section even @ narrow better answerthan a smile. There is nothing supreme here, except that sove n power of the people, which we recognize as above all the instruments of govern- ment. No place is so remote, that the power of this Court does not reach. No country where our flag floa that its influence is not exercised and felt. power and majesty of the American n: Court, for the preservation of the rights of our citize: on the high seas, What would the counsel calle Superior Court ? I suppose the King’s Bench in the days of the martyr Charles Ist. ‘The comparison is 40 ludicrous, that | wonder not the counsel sought to maintain his position by « laugh instead ef an argument. ‘And the question is one, which however high this court is, will confer honor on it, and [doubt not the decision will be honorable to the court, and to the high sense of honor, the lofty patriotism, and sound judicial perception of the presiding judge. A word in relation to Lieutenant Gansevoort, and 1 clo: It is said that the commands of his superior exempted him. Now | admit, that with the terror of the gallows before him he obeyed the order. The question then is, the order an absolute justification? I deny thatitis. An unlawful order does not justify the act @ distinct body. They have contended for the bold right ofan individual in the army or uavy, to be tried for whatever offence he might commit on land or #ea by hin peere—using the language of what is called the Bri- tish constitution. —We never contended for any such James T. Brookiyn, or to B. hg Ra af Mi ar i | gold, ‘and persons who take them become inured to rhe change 2 | fem heat to cold, and bid defiance to our vanable climate. is County, N. J. containing 129 “ Open from 6 o'clock inthe morning til 9 clock at night. Por: +3 : ‘ destructive. But give SEE eT eee, ence | fable Bath va ot tne ex oF Brooklys.. Bathing | Blackstone, book —,ch. 18, page 418 of the2i val. We Bethe Oey hea is nae Rostteeah tage apd lastly, | construction, and the whole instrument will be found | which it stjoine This, its uid is hard care; but it ie Wather out houses. Wiil be offereu together or | Tubs and hire. miréty_ | see here. that by the epinion of Lord Hale and Mr. Chief | T refer to the argument of Mr. Abbott inthe case of the | Consistent with itselfand the principles of civil liberty, | one which belongs to every one of us. We are bound on The counsel called the constitution the last will and testament of the founders of our republic. If his con- struction of it be adopted, it should rather be called the last will and testament of Amoriean liberty, and execut ed at the very hour in ite existence, before the fire and smoke of the revolution,in whieh i¢ had been saptised,had been swept away. But are we to be told that theAmerican pends on the protection afforded toa few naval officers 7 But were the officers, whose names are em- blazoned on the record of the early triumphs of our republic, the only autlors of that glory of the navy. which we justly esteem so highly? Do those names present a faithful inventory of the true mer who then maintained the national honor on the reas 7 No! Itis nen, who constituted the re indebted for that inheri- may perish, but their places put deprive us of the masses, The idea broached in this honse of Vem. MeFarlan in Whi pany, on rie REAL HAVANA SHGARS—The lovers of a genuine | Justice Blackstone, that martial law, which deprives the tnt, at 20 clock. P. M.. Conditions Havann Hegar would do well to call at 1:0 Broadway, | citizen of all the safeguards of the common law, was tine of sale, by the sub- andor tre case Rawal gang ri pull Deny ah ee 9 justly held in dislike. And the doctrine was, that courts LAS. PLE, at which place they ean iad the 7 a martial were only to b« tolerated on the ground of ur- nina Pee ey Bl | ee Ee nT: a NOL TEMEYER, gent necessity. The obvious necessity of maintaaning ry ‘ : oS ee 57H srereraers Wie discipline army mitted; but it was not | thei cy, and also over all persons under them in STATEN ISLAND FARMS #OX SALE.—Tw EKTAIN CURE FOR ALL DEAFNESS. thelr army, navy: 90 \ ' endeomely situated, and in a ingh state Oe MALLAN—SOUND MAGNIFIERS—INVISL | SUewed them to punish e of peace offences ageinat | foreirn dependencies, and beyond the realm. [also refer tions’ Kor partieularssenquire of Ey He LUD. | MBit: MANGA GON DUC TORS To suckle: persons | tHe common law. So also in the nayv;and it wasfurther | tq q jaw written in bleod in the histories of all. civilized TOW & LO. IL Broad street, or DAVID JAQUES, 230 | justantly, at an advanced age, aud of forty and fifty years stand: | &mitted that offences against the common law, commit- | nations—I mean the operation of courts martial in time of ‘anal, mi? Gr | jog, of extreme deafness, and of those who are only slightly | tedin a fleet, might be punished by courts martial, on | war, { contend that, although perhaps no express an- UNITED STATES HOTEL OF PHILADEL- PHIA. pain ot indictment and punishment to obey the order of the sheriff, orthe marshal of the district, in arresting any party—to do it without deliberation or examination. And ithe order be unlawfa! we may be punished for obedi- ce. The executive officer of tae law can never be jus. without he has proper authority. #, then, is the situation of all the citizens of the United ‘States, lown to the you t of tho fair Indies who e honored us wit! ‘esence, althou; it would be a very hard ted Grand Jury that would in- Jict her for assisting the Sheriff in effecting anarrest. (A langh.) ‘The law, however, obliges usto hold that an un- lawiul order is no justification But we are to recoilect thatthe Grand Jury have a discretionary power in pre- senting, and if there be ground that the mercy of a petit jury would acquit, they may ignore the bill. The strict rule of law, however, gives no justification. And @ case might be presented in whichthe conduct ofthe inferior may be deemed even more guilty than that of his superior; the King agains East’s Reps. 311. The Court will thus ave that whil rovisions of the common law were carefully preserved, yet with that wisdom which has made England so great a nation, and with their flexible constitution,they permit this martial law to be exercised in duil of hearing, to,oin in geworal conversation and to eatch the | the high seas, or in foreign dependencies, because a ne- | thority for it can be (ound in_any luw—certainty not in sound of adistant low speakerata public assembly. | hey are | cessity of purging the navy of the offenders might | our constitution, or the argument of our learned oppo- the size of avery small gold seven shilling piece, aud when in | arige. But inno instance was it permitted these Courts ietbe hedelivot © martial Dew: is re tae cavity of the. sarn Wey ate not im tie leaet eres a to exercise jurisdiction within the realm of Engiand.— | mite ju time ol wer, not ovly over the members of the more uncomfortable than having a small pieve of Sn i Soar it Bngiand.— | mitted in time of war, not ouly over the members of the f tal ity place. And although they are so extremely smal! t may be here necessary to call your Honor's attention | army and , bat allothers within its reach. Where management. ‘The arrangements of the house are admira- | enable those allicted with extreme deafness to hear, in every | to the similarity between the 28th section of the English | do 1 find this law ? In that strong necessity which the TE nee een a garmrorea.to be {aod | Fesnect, equal wo thowe of most accurate Nearing. | | rulet,and the ——seetion ofours. ‘The English section | counsel urges in defence of that act. we call in question — hthis Horel thi p rs0nR, stich as ‘o be had of Mons. Matian & pon, Surgeon Dentists, sole | says that the crimaof murder “shall” be punished by | ‘This is the martial Jaw of Hale and Blackstone, tolerated d well-Inrutshed house, a well iT " . fe oa anil ¢ hont whoan constant efits ave divcecen to sen. | efeyet £0 he patentee, No. 872 Broadway, next to the Union | Conrts Martial. The counsel said that a tyro in thelaw | by necessity. We contend that its sphere is enlarged to the gallant-hearted 5 masses of the navy,that w tance of fame. The office can readily be supplied Jour navy is annihilat rms of woqualiied praise of accommodations, its ie oom, ant al « 7 i tuseion «highly agreeable resorc for respeeti 0 knows that “shall” and “may” mean the iblic danger, a0 that it supercedes for the time | argument absnt the trial of an officer by his peers, is | Grand Jury wonld then act quite otherwise. Suppose that fiere, ‘Mrs Htens by bia, polite and aff \eportnent, und his yoset ant srguly tecommended, bein one of te gretert will only sayBthat some who are not tyro ; PF ya oF Prepon the exerci of the jurisliction of the | somewhat extraordinary. It is said that individualson | oue of there, commanders, who like tobe tried by courte re pereonel athention, te Rom ell each iscoveries of the age. ‘ better. “This code was originally enacted on the princi. | ciyi| tribunals, tor the purpose of mitigating the horrors | land are incapable of judging of the exigencies of the | who “feel” and acquit, is without proof of innocence. miort of his guests, wins fa Who frequent his | Persons, non-residents in New York city, on the remittance | ple that all offences against the laws might be punished | of war and maintaining the regular operation of civilized | service. That thines may happen without proof | We will suppose that he has dreamed of it at night—that MT hcse who inthe morning prefer to indulge in the F810, can havea pair forwarded by post to any part. by the short, defective process of a Court Martial, witl- | warfare. Perhaps the counsel will deny this ; tor they | Which a board of naval officers can feel. Now, | should | ali thethick-coming fancies which (rouble the brain of ie nimey neon, tustend of ntlending to the bx meres out the realm. Tsay defective process, because have contended thet the grant of Congres. to make laws | like to know how any one can be convicted in this way. } love sick girl had crowded the chambers of his spiri it with disturbing imegery—that he could not sleep with- out having half a dozen pistols under his pillow, and a man watching them that they would not go eff. (A lavgh,) Suppose thie individnal—pious, amiable, hu- mane—at length comes to the conelusion that he should hang up these three terrible fellows, whom he regarded adesign of capturing his ship,converting ‘ate, aud commemeing a career of unexam- pledatrocity. He does this with tear and trembling—an honest fear that he may be going too far. In that lost tea minutes allotted to the victims, one, as he is led to the dresses him; he says, “Iam about to meet my God—l warn you that one of these, my associates in Jeath, is innocent—be isind mag rapes 48 bi adge i use. He is stay Pe a ga saat brink of that. fearful precipice. Me starts back at that striking evidence of the man, whom he had suspected, Hi No violence may have been offered or received. Butthe officer can appear before a board of his associates and say, “gentlemen, | ean prove nothing. True it is, | have be subjected to no danger that any body saw. True, 1 was on board a vessel with some hundred of a crew who had eyes as well as myself, But I alone saw—I alone con- ceived the existence of amutiny, and I want you to‘ feel’ what can be neither seen, comprehended, nor understood by any one. [want vou to take my word for it and ac- quit me!” Is this really to be tolerated? Is this the course of procedure on which the existence of ournavy depends? I for one would say, though my associate did hot, as was stated by the opposite counael —but | would say’, perish the navy than tolerate such monstrous. inj it resembles more a theatrical entertainment than a eof justice. Tragedy tor the first part—three Ame. rican seamen hung up atthe yard arm, with the Americon atthe hour which suits their own cont with several servai a any dehexe th celerity for (herr gratifieation, 5, 3 CURED. lated to oppress the weak, Your Honor has, . t of th 4 d t SY ES, by ein Nompeae rece lg ply dal stand froma remark which foll from you this morning, | make w'code of laws which ataches to the persone of comberaranee there nas be lace ered x speci a mel 1 locked into ti i Pong Gangtess Res had reenlation those in the land and naval forces. And according to their light, airy, and spacious dining room, uation never before attempted by any one, compused of | ofthe navy. Pe 44 reas, Vol. | constraction of the words “government of the land and rigoking a parden,and tw a repast that would do eredic to | Payramecerialg and) posscastng powers i anyshing J p. 268. That act murder shall be punished,” | jayal forces,” that would be quite preper. But on our the conutry. TL PONIDIE tO ScCr ee eee ec otsieets, | ollowing exactly the model of the Roglish law. How | construction it would be somewhat Sitdrent. ‘Do they s situation of this house is desidedly the best in Philadel: | Wevmnees cad Pley: Mich eg ei ie RS leets. J long did this sit one year. Itis found in 31 Duane | toan to say that martial law cannot be extended beyond ia, be ing on Chesnac xt, opo the Bank of United Ftetes | uate, No matter how long standivg, complicated or danger. | And Bioron, p. 445. One year afterwards this article is | (he land avd naval forces? How then was Andre sub- J. Yery centre of fashion and besiness of the city. ous the ease may be, it will vigid sper dily and naturally Wo the | oxamined and re-enacted im this way—“murder when | joc. to it? Your spies were 80 ordered to be dealt with-— anit $6 DEALERS AND CONNOISSEURS Feerneee et a rate pbmerno wit pew rere is committed Without hee eae ne U. tion Art, of War, 4th Duane on, 23) But CON! URS | ny. f ; ave acknowledged ihat Hiojhing | States, by a person in the navy, may be punished,” &c. I ies to all times of public di , i " ¥ the Ui tes tor the celebrated | ‘These Thomas's Specific Pills wre not dergone close examination,and this variation according | \,y q lawless rabble. ‘This operation of martial law is in- offe or nauseating 10 the stomach, aud neit! e. And I refer your Honor to the 26th ar | dispensable. If not permitted, an army could only main- tine foe, ors eyriens is required \to aid them eferring to theft, and corresponding to the 30th of | tain itself by lawless violence. The only mode of remov- 4 the English act—the 29th being happily left out, no ocea- | ing a rabble would be by an open actof war. Those who Bo co the to1 . be ee ye chalfeuges tne st eoreuepassing efficacy of F sion probably having been found for its continuance, in | might iatertore with their progress must be shot down ee expelling dis. rd being justly re - ‘uy thing equal to it, and confident he T this article the same alteration is made, whilst in every seine But it was otherwise ordered. The | Constitution ‘perched’ at the counsel soys, not in the | ‘he inocenceo! o ed Staten, Another oD ecooaciy rane sore chat if they Will ‘make But Ome ee ee? Bother provision, (which bear on the discipline of the aea- lenders are taken and-subjected to decent trial of | *hape of an eagle,’ but as 1 would nthe shape ofa | cremblingly appcoaches hit frst Wentenant, He states vis to Obtamn ola wines prev, Specific Pills, they will find speedy andaale relief let theirease. J men,) the imperative “shall” is continued. What wasthe | martial law, so that tho warfare has a civil vulture ot the masthead -a Court of eee" Pivhat is the reply? © Oh! hang them character, itti. This right exis ‘ays been admitted, with 1ee8. » A. CART ie irom the pmblic fl be ever so complreated and severe. nt nl Ve wines andar |. Lhe Pilsare vucely vexetable, and get as \ dinretic and astrin Mere otaguigire.s ad a4 powerful parifers ' a he wlan, ase: the best in market. | £eD'. also as powerful par eater ater tH tare not only. from t airy by way of ioterlude—and finally, the farce of a Court M ting with ail due solemnity, not to try the c ing” for the party before it! Now, it wos n jartial sit- A f hem all! He is guilty—they are all guilty: aa nana se Would this first lieutenant be deemed ex- Mi by theorder of his superior? T have new done carefuldeparturefrom the whole he progre: nject—a depar- | undeniably in England. It has al » but also from | thequalification that it isnot to be tolerated in time of ‘tne healt hy for diseased fy six in the the u — 7 fi 1 ‘ low o % cngland that it was necessary that officers of the navy this case, and regret that 1 have ben obliged to OPP ER, restore (he patient Co th id happy enjos oO allhis J ‘heirown? The r thac the power of a} peace. Now I say, that neither by owr Constitution, nor | i En, (yone J 4 he a ristine days of unbh ey i o' it ry ’ shonid by bunals, fi ned eupy so much of your Honor’s attention. I trust, nay, rout Hi te health aya vigor asin qhe prisive days of unblemished youth ff Court Marttal is specially limi sof breach of | in the remonstrances of the able English | riats to whom | should be exempt from trial by land tribunals, for m seccey WeMeee Tl Aeeing tay iol eabauitarea te and innore! pions in mmitted on the seas, I refer first to op fisci pli ted that martial law should tO, in lots (0 sit » except in such ca Thave referred, wasit inte ‘OLLING & CO. 56 South at necessarily exciuded from the juriad ivil power was silent. What | 0! Luther against Johnston, which was jon of your Honor, which it demands in the highest de- Ayente—'9 and 100 Fulton street, 77 Kast Zroadway, comer Mark — 4 a7 ir yy, ea a not be exercised when the ft ‘ HEATHING PAPRR—0 bales of vary stipenor quality het; 473 Broad way, corner Chamber street (Grane Build H civit tribunals. But the counsel said, what shall we | see the powers apeciaily given to Congress on this point? | such @ flourish by the counsel. Mr. O' qree. it isene of the most important if net vitable for roots of sex and ships bottoms, forsale by eee ing PAP —o hink of this tyro who makes ont such differences to ex- Why, first, the right to suspend the Habeas Corpus in the case, and contended that the ground of the reversal he most importent case that has eve Pp oe “that nit kt COLLINS & CO.% Sonth st: ee BAS BING FREES oe, ndanted Tonoat ist between “shall” and may?” gase of rebellion or invasion, the public satety the supreme tribunal was, that the declaration shower court in this country. And T pray wag ba vhved with Tee Cream aud Jelly, m forma, at | tows ofshipe, reole of houres, he. for-sale by Mr, Duxa—Thisis somewhat painful. I never used | quire it. (Art. 1,800.9, euddivision 2d) By probable cause of the proceedings instituted by Comman | your Honor will give it full, deliberate an ateative eaten | te CULLING & such term: Aibdivision 11, Congress hax power to maintain armies, | dor Johnston,and that on the plaintiffsown showing there J consideration, Giving it auch s considerstion, I eannet ON vision ou . powth ntteos. Mr, O'Cownon proceeded. I ask what are we to think | and to provide.a navy jby the 12th subdivision tojmeke rules | W248 no ground fer the wetion, and thet really 9 oP fora momentdoubtthe result. The requ