Our Citizens Abroad [pp. 152-160]

OUR CITZEXNs ABROAD.
and our representative in Turkey. It resulted, however, in an
order from the Secretary of State to Horace Maynard, then
American Minister at Turkey, to proceed to Alexandria and try
Mirzan. Mr. Maynard went all the way from Constantinople to
Alexandria, and did try Mirzan- tried him without a jury, constituting in his own person both judge and jury, sole judge of
both the law and the facts; without the aid of books, or of
counsel learned in the law-and convicted him of murder in the
first degree, and sentenced him to be executed on the Ist of
October, I88o. From this decision there was no appeal except
to the clemency of the President of the United States. He commuted the sentence to imprisonment for life in the American jail
at Smyrna, and the prisoner was afterward removed to the
penitentiary at Albany, where he now is.
The other case occurred at Yokohama in I88o. J. M. Ross
was charged with killing Robert Kelly on the American ship
Bullion. When arrested he claimed to be a British subject;
but the British consul at Yokohama disallowed his claim, and
he was tried by the American consular court, convicted, and
sentenced to death. But his sentence was also commuted to
imprisonment for life, and he also is now in the penitentiary at
Albany. In both cases the killing appeared to be the outcome
of a sudden quarrel, and lacked the elements to make it murder
in the first degree, and neither of the men would have been convicted of that offence, on a fair trial, in any State in the Union.
Our Constitution has these provisions on the subject of crime,
trial, and punishment-viz.:
Art. iii., sec. 2: "The trial of all crimes, except in cases of impeachment,
shall be byjury; and such trial shall be held in the State where the said
crimes shall have been committed; but when not committed within any
State, the trial shall be at such place or places as the Congress may by law
have directed."
Art. v.: "No person shall be held to answer for a capital or otherwise
infamous crime unless on a presentment or indictment of a grand jury,
except in cases arising in the land or naval forces, or in the militia when in
actual service in time of war or public danger; nor shall any person be
subject for the same offence to be twice put in jeopardy of life or limb; nor
shall be compelled in any criminal case to be a witness against himself, nor
be deprived of life, liberty, or property, without due process of law."
Art. vi.: "In all criminal prosecutions the accused shall enjoy the
right to a speedy and public trial by an impartial jury of the State and district wherein the crime shall have been committed, and be informed of the
nature and cause of the accusation; to be confronted with the witnesses
against him; to have compulsory process for obtaining witnesses in his
favor, and have the assistance of counsel for his defence."
Xs887.]
153