Page:Joseph Story, Commentaries on the Constitution of the United States (1st ed, 1833, vol III).djvu/88

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CONSTITUTION OF THE U. STATES.
[BOOK III.

fleets and armies.[1] But parliament has repeatedly interposed; and the regulation of both is now in a considerable measure provided for by acts of parliament.[2] The whole power is far more safe in the hands of congress, than of the executive; since otherwise the most summary and severe punishments might be inflicted at the mere will of the executive.

§ 1193. It is a natural result of the sovereignty over the navy of the United States, that it should be exclusive. Whatever crimes, therefore, are committed on board of public ships of war of the United States, whether they are in port or at sea, they are exclusively cognizable and punishable by the government of the United States. The public ships of sovereigns, wherever they may be, are deemed to be extraterritorial, and enjoy the immunities from the local jurisdiction belonging to their sovereign.[3]
  1. 1 Black. Comm. 262, 421.
  2. 1 Black. Comm. 413, 414, 415, 420, 421.
  3. See United States v. Bevans, 3 Wheaton's R. 336, 390. The Schr. Exchange, 7 Cranch's R. 116.