New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1853-01-22

5ouesfic did rot .tsy ong " he Afcrnans fanny -
TIE derrncn. Ne tChes, a siurc s.r- % tLc e'-y
fer American girls. - 49,,
css,s 10 tie Uucd States Dl,trc, Court some TerF
nee distinctions were taken ~ d Tue IA ann5 "a '-'
several ac.s Of Congress m rsia0u = coun-e
In the csse of Betz ". Wallyeour ne pe1aepH.
son or asS tra H. hat - by ~ evidence tat een
khrcs,ed hv the defendant incomplete. Snd no' ~
he resemblance and smlfuie q the coin o. me a'e
States no ofonsc under ths sci ~ Congress wa PROV
TO have been committed The terms Of the at OF On.
errss ere As follows If any person or persons sn-I
falsely make forge couuterfef, or esast or ptVVut
70 De lscly made forged cCuu,ereI', or Nln;y ala
ans sssi,i in falsely making forging or coaa,eFeianS
SC In ENGLAND. urder he statute o. - EDWARD IN
which declares i % be hgh treason % oodnferieit tae
Srrs money was established. tia. The 0iense was
complete Only when the coin forged 50 ven reseois"
the true coin % pass under ordinary circumstances
and tor a long time in that country, WIN TIE eNcepnoh
Of The finishing parts OF the process o. co4n'Fie'.
such The Milling. &c the making Hn incomplete cp1h
was net punished by any statute Il was ar-ut on inc
Part Of the United states that by the word ALL anu a.
a., in rnakinr the legislature mean, % reach the m
choate act, since may be engaged n making "ao
doe not nGtG ,...
The absence OF common law remedy for the attempt
70 commit crime with.n the jurisdiction OF ne unted
stairs Crurf Il Is said should lead the Courts 70 con
strue the statute here more strictly than = done IN En
land The view OF the defense =, that Congress mean
70 e, brace in the wors aid and asst he nuiner'
Gus otcnses tributary countsrfeitia- whcn are the
subject OF statutes in Eng land such as maAng ma
~bircs &c These words define merely the Incidents
f The main ofansc which i make ia the resent
blance snd sinlude Of the csn OF the United states
The presence OF the word Willingly involves the idea
OF accessorvship II Congress hsd used the woris IN
ou.stou in the sense understood by the United states
10 desirra,e distinct ofense why did they say VII
Hprly AID and assist snd not willingly make forge or
couSsrflt The logical deaytion OF the word making
includes the eject The ambiguity results from the
word making, seeming 70 imply process, instead OF
an set.
No one would cont, nd. that man could be sid to
have assisted in committing murder, whereno one was
killed committing burglary, where the house was
not entered but the burglar had only moved his hand
with the intestion Of entering The wori making
likewise involves the idea OF attaining the eject espe
ciay where il is limited by the words IN the reson-
bancc and smiliudc of he coin Of the United States
II the Legislature intended the oense be- % make,
in part the coia by the words and and assist in msk
Ing" they would have said, engage "A making or
shall be- making II the interpretation Of the prosecu
ton Is right the ouense Of being engaged IN making u
not prohibited while the ofense of aiding person 50
engaged, il severely punished and we mast consider
the person who makes the incomplete coin, as aiding
himself
Another criterion Of the intention fthe Legislature Is
TO be found in the second partOt the article which pro
hibs tie uttcrng selling not OF both perfect coin
and that which is incomplete bur merely OF such false
forged or counter eited COIN To the proposition
spectnC the construction Of statutes Il Is replied that the
Legislature provide by statute for any oAense, and
that the Courts under necessity 10 depart from
the ancient rules OF construction The was ably
argued by John w Ashmead for The unted States and
by F. &. Brewster and ID + Brown for the prisoner
Mr. Brown wiz conclude tomorrow.