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Editorial
July 27, 1807
The National Intelligencer And Washington Advertiser
Washington, District Of Columbia
What is this article about?
Editorial from Virginia Argus argues US jurisdiction to try Chesapeake aggressors in American courts, paralleling Chief Justice's past argument on Jonathan Robbins case where British ship was deemed territory.
Clipping
OCR Quality
95%
Excellent
Full Text
From the Virginia Argus.
I observe that a northern paper disclaims the right of trying the aggressors of the Chesapeake in this country on the ground that the offence was committed out of our jurisdiction. This opinion ought to have been better weighed before it was given to the public. The present chief justice of the U. S. when a member of Congress, advocated the surrender of Jonathan Robbins to be tried by a British tribunal on the following ground—"The Hermione, it is true, was out of the British territorial line when the mutiny took place; but the Hermione was a national ship—and therefore wherever she was, formed a part of the British territory—a mutiny on board of the Hermione was then a crime committed within the British territory, and of course exclusively cognizable by the British courts." This is the substance of that powerful argument by which its author was rendered so illustrious. Apply it to this case—The Chesapeake was without our territorial line; but the Chesapeake was herself a national ship, and a part of our territory:—the murder was committed within the Chesapeake; therefore within our territory—and exclusively cognizable by our courts.
W.
I observe that a northern paper disclaims the right of trying the aggressors of the Chesapeake in this country on the ground that the offence was committed out of our jurisdiction. This opinion ought to have been better weighed before it was given to the public. The present chief justice of the U. S. when a member of Congress, advocated the surrender of Jonathan Robbins to be tried by a British tribunal on the following ground—"The Hermione, it is true, was out of the British territorial line when the mutiny took place; but the Hermione was a national ship—and therefore wherever she was, formed a part of the British territory—a mutiny on board of the Hermione was then a crime committed within the British territory, and of course exclusively cognizable by the British courts." This is the substance of that powerful argument by which its author was rendered so illustrious. Apply it to this case—The Chesapeake was without our territorial line; but the Chesapeake was herself a national ship, and a part of our territory:—the murder was committed within the Chesapeake; therefore within our territory—and exclusively cognizable by our courts.
W.
What sub-type of article is it?
Legal Reform
Foreign Affairs
What keywords are associated?
Chesapeake Incident
Jurisdiction
Jonathan Robbins
National Ships
Territorial Waters
British Tribunal
What entities or persons were involved?
Chief Justice Of The U. S.
Jonathan Robbins
Chesapeake
Hermione
Editorial Details
Primary Topic
Us Jurisdiction Over Chesapeake Aggressors
Stance / Tone
Advocating Us Court Jurisdiction
Key Figures
Chief Justice Of The U. S.
Jonathan Robbins
Chesapeake
Hermione
Key Arguments
National Ships Form Part Of Their Territory Wherever Located.
Mutiny On Hermione Was Crime Within British Territory.
Apply Same Logic: Murder On Chesapeake Within Us Territory.
Offense On National Ship Exclusively Cognizable By Home Courts.