Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1829-06-05

CASE If Dr.. U'nkins.-On Tuesday, the Circuit
Court OF the u. States at Washington, proceeded
to deliver judgment in the of DR.. Watkins .fhe
opinion Of the Court delivered by Chief Justice
Cranch) occupies more than five columns of the Ma
tional Inteisencer: VIC shall therefore be excused
from giving II ~ PIno hut that the reader NAV see
the view taken by the court, Of Watkins case, we.
have attempted 10 and republish it's gia or
las Governor Giles spells it, adapting the orthogra-
ply to Tire sound) the jt-
The substance Of tie Indictment is thus stated nv
the court
The substance ofiiis indictment is. That Tobias
Watkins. beng Fourth Auditor of the Treasury nP
the United States. and intending fraudulenv to OBJ
tain for his own money ofthe United States false
ty and trauduleuty wrote letter to j. K Pauldn~
Navy Agent Of the United States, advising him of
his, Tobias Watkins draft on him for 500 dollars TO
Dc charged to"arrearayes,' and that he would re-
ceive Treasury draft for the same sum to meet it,
That Tobias Watkins drew such draft, and sold it
toe 5 Fowler for and received off hin, the same n
inoun, and applied 1t to his own That the said
Tobias Watkins did, ostensibly for the public ser
vice. but fntsetyi and without authority procure to
be issued from the Many Department. certain re-
qnisition to the Secretary ofthe Treasury for the
purpose of placing in the hands of J. X. Paulaing
Navy Agent, the sum Of 900 dollars, which rcuusi-
lion s SGT out Uerbis be charged to arrearages
prior to 1927" by means of which requgition the
sBld sum OF 600 dollars placed in the hands of
the said Navy Agent.
There were other counts in the indic rneDt for 9TH
or sums, but Of the same legal import it being the
pleasure Of lawyers to describe the same thing in
some half dozen different ways, lest persons accused
should escape ut some unsupported avenue.
! To the indictment thus briefly characterized the
counsel Of Watkins demurrcd, and demurrer i'm
10, H., 1P.I..
the law TO be as stated in the indictment. The
grounds of the demurrer were, 1. That the offence
charged to Watkins is common law land not STA
tutory) offence, ard that there being TO common law
In the U. States such, he cannot be punished at
the suit fthe u States as such. Cd ground, s'That
fraud is not an indctable offence =. common law
unless it be effected by means Of some false PUBLIC
token such false weights, or measures or marks;
or by means of forgery conspiracy; or by means
which affect the public generally"
! Upon the first Of these grounds, deeming it the
most essential, give the opinion of the court OF
large
! The first ground of demurrer relied upon is, that
! the United States, Nation, has no common law
in relation 10 crimes and offences and consequently,
:, that there can be common law offences against
! the United States in its National character. That
this offence if it be offence, is against the Uni
ted States in that character, and as the local
ercgn of this Dstric and therefore, is not an in
dctabe offence
1t is said that this Court only exercise the iu-
risdicon Of Federal Courts and OF the State Courts
That the Federal Courts could not hold iursdic-
ton of this cause because it is not criminal offence
against tho United States, who have no crnina
!, common law; and that the State Courts could moi
oldjursdction Of it, because, if it be an oeuce at
! all it is exclusively offence against the United
, States.
This argument is certainly, at first view, quite
plausible but to mind not entirely satisfactory
Is it clear that this offence is of such an exclusive
character, that it could be prosecuted only Coor
of the United States? If it had been committed IL
one ofthe States, say in Maryland,s it clear that
4 world not have been an offence against that
State' The oReace charged, viii say, for tht
sake OF argument, is, III substance, cheat l. c. an
act Of fraud done to the injury Of the u. States
The State Court has jurisdiction Of cheats and frauds
Dies that urisdictoni depend upon the question t.
whAse injury the cheat the fraud was committed
Wheeler it be to the injury of citizen Of Maryland
o. g soreignsr-~or Of another State, Cr &c fo5