Daily Richmond Whig. [volume] (Richmond, Va.) 1828-1831, 1829-06-23
Ron rue CovsrrrurIoyAL Vino.
WATKINS'S CASE


Che circumstances, constituting this case, are be-
furo the public. "a Is, therefore, deemed unncct:s
sirv to repeat them here.
rie question is, whether the act ullcdgcd in the
indc,r,ent, he an offence, within the purviev Of any
I'm Of the ". Srrtes7
II is assumed in this essay ,r1c, that if citizen
bc prosecuted IN any court Of the u. States, for
the commission Of IN act charged to he offence
against the Government thereof, the act charged
must BE- offence against some law ofthe u. States
fthore be no iaw, there can be offence, although
there may be a moral wrong.
In this case, all admit that there is statute law
no act of Congress, embracing the subject Some
other Of jurisdiction must therefore be ndca
ted. The 18th sec. of the act of 3ath April 100
%or the punishment of certain crimes against the u
States docs not touch it.
tits aedged, that the described in the Indictment
Il an offence at common lazy: and that therefore the
cirrat court OF Washington County authorised to Try
offences in that part of the district has cognsance oft
{Sce the act Of Congress. 9th Feb. Is0i-not pub
lsbed among the laws of the U. States in the revis
This broad proposition I shall not discuss. In
Jyorral's case u Dali 334) even Judge Chace, high
toned in all h doctrines and bold in the assertion Of
them, put uponit the mark of his unqualified repro
bation. This erect took place in 1898. The Legis-
rure Of Virginia, during the memorable session Of
10000, noticcd combated aud refuted this propo-
sition. (Soe Mr. Madison's report.) In the session
OF l789-lB00, the same body protested against it,,
in their instructions to their Senators. In 1872 the
Supreme Court decided against it, Judge Johnson, in
delivering the opinion ofthe Court saying ''tis gu
slider as long since settled in the public opinion" ~.
States, vs. Hudson Il Goodwin, ~ Cranch 8s)-and
in ~. States Coolidge, l. Wheaton 4i5) the
court certified their opinion in conformity with the
DECISION Of 1912. This question was discussed
thirty years ago. IL IS needless TO discuss 1t
Thc point is settled.
hut il is suggested that this indictment Is sustain
able in the District of Columbiu on grounds pecu-
hnv 10 that place The common law is said, and
doubt truly said TO he part the Jaw of Maryland,
and the law Of Maryland, where the acts Of Congress
nre silent is the law of that part of the district, in
which the offence is alledged to have been commit
,srd. The act Of Congress-, accepting the cosson
from MARYLAND provides "that the operation Of the
ows of the State shall not be affected by this accep-
etance, until the time fixed for the removal Of the
"Scat of Government thereto. and Ont Congress
oshsIl otherwise by law provide" (Sce also &c. Of
9th Feb. 1907
That the inhabitants Of the coded territory, even
without this provision would have retained their
ayy1s until altered by Congress, cannot, think be
doubted. Even conquered province retains lbs
lows, until changed by tho new government. shall
not however discuss this point To those who think
that this provision was necessary, conccdc that it
was necessary.
This simple statcmcnt carries us back to the point
from which sat Quito the position assumed, IN
The cOmmenccmcnt Of this note, In be true, "thn
Offences charged must be offence against some Inn
ofhe ". States" II was assumed, because being
8cfevident, it was insusceptibe of proof
repeat then that tlc act charged in Indictment,
mist be an offence against some law Of tire United
States Judge Cface goes farther the offence he
SAYS must be sgainst statute. ''rhc question H."
he proceeds 70 say, "whethor the courts of the u.
States can punish man for an oct, before it Is deca
sol BY a law Of the u. States TO be criminal Now IL
nopears 10 my mind. TO be essential, that CongVes
,konld define The offences 10 be tried, and apportion
zine punishmcnts TO be infected that they should
erect courts TO t-y the criminal, 10 pronounce
,ontence on conviction" (Sce WorrulVs case before
qiotedA THAI the Judge is corrcct!o his opinion,