Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1829-05-30

that those letters were falsely and ,,,,,
written, whilst the regulation and .ISu'asIsiqt
legged TO be forged were in the ,an. ;.a! fas' al
charged only. in nearly the same ,. mule'n.t:
falsely and withou, authority. r. ~, lob,
words constituted a charge Of 5or,srv II these
case, they did so in the other, ~ m a. ;'leor.
counsel for the accused themselye, w"",, Tie
the first TO depreca'e. "O0'dhs
Mr.. J. further took exception IN ,h.:r
nners, one and all, on accoun, Of N. mug, na'et'
BUSINESS, Indebtedness, and uncer,,;r," 's "
charges they Contained, which h. s,;a W ID.
radical and incnrable vice, more mis'S S VISA
in bill of indictment than even !, &.
equi:y-snd for various other reason. s.n
he sta'ed at large some ofprinciplf, which ' S
been glanced at in the fore par, Of ,bi, ,." "
and others of detail The pom, on ub; ng'I'
dwelt mos, was, that fraud against III. en- n'
eminent, thai is, upon the revenue. WV.
per Sc an offence at common law, or the ,,,,n.0
Vt Great britain and Of this country wo"n
10, have been enacted, which 30 s,ud~,I.
provide for the punishment: Of il.
With respect to he jurisdiction of this g..
a, common law, Mr.. J. said, ,her. A.. wv. WI
mon lsw offences If which ibis Couu NV, s'"'
risdic,ion they are offences against n,,!
u'ar system of local law exclusively apDron,;.
ted to the District Of Columbia, and onsr,s..
precisely and iden,ically as formerly d;d y.
laws Of Maryland and Virginia, re,per,i,..
in the paris OF the District ceded by roM..
States, and as those laws would do now =
those parts OF The District, had never No..
coded TO the United States. "ExcIu,iv. y
risdiclion," he said, a. given TO Corcua
over this District, could never mean 'i.
dic,ion paramount to all legislation, b., i
means legislation exclusive Of the origins
state jurisdiction or legislation lhsreio,
he argued, the local power Of the Uri,s
States, within the ten miles square, ha, be-,
simply substituted for the former local go,er
men,. Suppose, he asked, instead Of The m,.
If the general government being 10 the Di,,ric
Of Columbia, as it now is, it had been in II.
S:se d Pennsylvania or tie STATE Of MARVIN
would the offence alleged in this indictment, C
misdemeanor in Office, be an offence against ii.
particular Stale in which The government r..
sided! Amongs, other arguments to sh,v ,ts
thi, sort Of common law offrnce ought 10, to
b., hastily admitted BY the Court, he asked
hall il be said that any State authority can cal
from his office any public officer before il, I,
account TO il for the manner Of the dischnr,
OF his duties! If such a Government eosn
call upon the Fourth Auditor for this purpoy
why not upon the Secretary OF the Treasu1
and if upon the Secre'ar Of the Treasury, wiy
NOT Upon the President Of the United Sa.
Upon this principle, the power Of til. Suu
would he admitted, under the common law, tt
que s.ion all the Administration Of The Coz
eminent Of tie Uni'ed States. And, il ltg
coulC do il under the common law, why nigh
they not under statutory enactmenls modify
ing that common lsw? Il would be perfectly
reasonable, therefore, MIR. J. argued, for: this
CouT' to nike a ust and broad discrimir.
ton between such acts as are violations o.
the local sla,ute and common law, or ,bI
which has been substituted for H. and such n
.ra I,-ss -" 10 aud .i,us var
'icularly 10 relations called into existence With
this Government, which belong to them .1ca.
sIvely, and upon which 1t would be impcmbt
10 predicate any thing like common law Of
fence. Not that the officers Of tn Gounmsu.
we're to be shielded from responsibility fo' Of.
'ShSCS dt COlIlIIiOH law WHICH WOuIQ NtRI
other citizens tc punishment. To supposr L
it were not irrevrrent TO suppose such thing
OF an officer Of his high character IS lha, Of The
President Of the Unirtd States, ifhe were 10
commit an assault and battery, forgery or
murder, would not be punishable al common
law, would be monsuoeily. But The question
Was, whether the President Of The Uni'tt
States, Violating his official duty, committing
an offence Dhich can erisi in no other pay ba!g
Federal authority, commits an offence eoSn'
Fable at law, otherwise than it may be made
so by statute! II not, then Offences by public
officers in the discharge Of their official rUa
cannot be cognizaoIe at common law IN tbs
Courl, &c. &c.
Mr.. KEY and NJ COKE added few words
when the argument was closed, and the qps''
ton upon the demurrer submilred 10 The C'ur'
whose decision thereon may be shortly expo
ted