The national Republican. [volume] (Washington City [D.C.]) 1866-1870, 1869-10-12

tion.
To which the Chief Justice made the follow
fhe Jou,t recognizes The propriety of Its
concurrence with the Executive Department
In suitable marks OF respect for the eminent
citizen. Whose death has been SO hstinsly an
%s. nos with the
Judicial department of the Government, but
~ he y s1
once In their GIT, and while he held Il. as In.
deed through his whole life, drew to him BY
s sS S sus .s% q Fl. tho "
Others, elsewhere, will perforn the duty Of
speaking Of his services as the head Of the
sai.ssa Sis sd%inStrssioa. Hs hs. descended
to the grave in the ripeness Of years In his own
native state, surrounded BY sfectionate
'' AZ he only marE Of Respect IN our power,
the court will adjourn to-day without proceed
ing to its ordinary business.
Of the court, that these proceedings be entered
on the minutes Of the court.
Adjourned until tomorrow at IL o'clock.
CRIMINAL CounT-Judge Fisher-Th!s court
was engaged as follows yesterday.
soHuRENAN oAsE-ARREsT OF JuDoAEsr-RE-
ARREST.
10 the case Of James II. A. Schureman,
charged with removing United States bank
I note; from the Upited states Treasury, which
q"
Judge Fisher pronounced the following opin.
The United State. vs.. James II. A. SEIZURE.
man. Indictment, taking and carrying away
papers from the Treasury building. Verdict
guilty. Motion In arrest Of Judgment.
II is admitted that the crime charged Ia the
mon law but 10 statutory only. The counsel
on behalf Of the Government say that II was
framed upon the act OF Congress, entitled "An
| act to punish certain crimes 10 relation to the
Public Securities and Currency, and for other
purposes" approved February 8, 1867, and
that It is good and suffieient in its description
| Of one Of the offences defined in the sixth sec
tion Of this act. That section reads as fol.
lows, viz:
Sec. O. And be u Jurtasr enacted. That II auy
Or not, shall, without autborlty from he United
States secrete within, embezlle, or take and carry
. s sSSd n.s ne
s:eS, s%p a re pssssd Lodged % dspSsd BY
mpisncnt Sr ts.s assG Or 2s % Be Ssn used oGI
spSHf sa or sa % &c Ss"s sNs
stamping Or printing any kind or description OF
stamp. rsvsnps stamp. fractional currency noe,
or other paper. instrument, obi cation, device. OF
tScriIsdby law 10 Be- pfa,ea, n stamped. .sslsd,
St.a ps 10
out such autho rity, so seerete. emberrls or take
and sisIy sw,y ,ny n msn % o's ,s
making q any, or either OF such papers, instru-
| ments, obligations, devices, or docu nents; OF
siTpI sss RaSsst ws Or
Ss 70 3 Gns$ sss.
isrslabsfcrs named q r' pfnlsS or stsnpss, Il
whole or In part. In the sinilitude o. any suot
tended p i,sue or put the sans Ia sircal.tion o.
noti sueh person o. persons so ofsndlng shall Oh
iSsa;iad dollars. Or both. At the discretion q III
The intention OF the Legislature iu ensctin,
this section was manifestly fourfold!
l.. To protect from spolistion any and ever
tool implement or article Of machinery which
10 required for use In the making Of the public
securities aud currency.
2 To protect the paper or other material on
which these public securities and currency arr
to be made prior to their maklng-before the ell
being printed or stamped In whole or 10 part
the mere blank paper upon which the seourl
ties or currency are futurciy to be printed o
.. To protect the paper or other msteria
after 1t has ceased to be blank paper, ant
thence onward until 1t shall have been fully
perfected and issued as a public security O.
currency.
4 and lastly. To prevent the taking an,
earring away Of any paper made In the simili
tuae OF any OF these public securities or o
this currency, although these limitations IN a,
never have been intended to be put In olrc ala
tion or prepared for issue.
The reasons for providing these safeguard
are too obvious to require a statement o tn IN
The Indictment In this case, 1t is conceded
was framed for the purpose OF vindleating III
law 10 respect to the third one Of the object
Of this sixth section to which have alluded
that 10 to say, to the asportatiou of papers Il
their transition state between blank pape
! ready for receiving the impress OF these pub
lie securities or currency and the perfecte
and Issued currency or security.
Ihe question i2r my decision Is, whether tn
II, from this section, all Its yerbiago be ell m
mated, except SO much as describes the oirenc
l.as ns s ..a safr rym swsy papers 10 ae
the manipuiations OF the artists to the CON
pleted currency notes authorized by law to b
put 10 circulation, the section would read thu
the United States. tass and ss1ly away fIom q
building, room. odics, department, vault, safe, &
placed, lodged. or deposited by authority Of Ii
upited States. any paper printed or stamped. /
Uaitsd siatesas bond, bill, note. eertiaeste eSG
ton. deyIee n doeunsui, now authorized or hcrs
sealed, prspai Issued uttered or put Ia erc Ia
tion by OF on behalf ~ tfs STATES. sueG poi
30 pad.hsd Sy aprisSn%s nt moi 81 sxseeaiSs {"
{ssr', 81 * ace not rxsssAng nys thonsaRd Do
The localities from which the asportation 1
this case Is alleged to have been made are onl
two OF those enumerated In the statute, tn
} first count alleges 1t to have been made frot
, the Treasury "Juidingr at Washington, an
the second count lays 1t to have been N ad
from "yGh" 10 the apartments OF the Conn
. moner .. me currency Each OF these coan'
notes only OF ali the various pa pets enumoTate
10 the statute, and each ayers these nOtes /
building 10 the one count, and 10 The vault /
J the other, so that by still further dFoppia
such words from the sixth section as arc no
posted In a building or vault, that sectioI
may be rendered still more concise aud pls IL
1t would then read:
'.If any person shall, without authority from III
tied BY authority q the UaItod States, any papS
s sss as noo 40
put IN sieaaoS ~ or SS beE RSP 81
vnitSd States, sSih person or Psrs?ns so osndn
at bSlh aa si HSs t ai:s;s
! Here we haye a fun. clear and precise dc
, scription OF the offence and the penalty IN
posed for Its commission, Let us snalyze TIL
description and ascertain what are Its eli
ments. The offence consists In the unlawfu
taking and carrying away OF a paper OF ccI
tain character from a certain place.
, The subject Of this Unlawful asportatIon 10
LIST. a paper.
%. 1t 10 paper which, At the time Of tn
taking, has been printed or sianPcd Ia whole 0
3D. II must not only be "A paper which, at III
time Of the taking, 10 printed or stamped /
. whole or In part, but must be printed o
stamped, and Intended 10 be prepared, issued 0
/ put in circulation.
a It'll. Being printed or stamped and intende
to be prepared, issued, or put In circulation a
the time OF the taking, the preparation, il
! suing, or putting IL circulation must be IL
0 tended BY or on behalf oTMe United States.
9Th. II must, Furthermore, be at the time q
the taking Intended to be prepared, issued, o
put In circulation by or ou behalfOf the Unite
States as note. The language of the statut
, 10, "as one OF the papers, instruments, or obIl
cations hefeinbefore named" The pAperI
&c, before named are "bond, bill and not
&c. The papers IN this case were notes.
9th. 1t must, Ia addition, be, at the time q
the taking, intended to be prepared, Issued, o
put In circulation as note authorised by lac I
be printed, stamped, sealed, prepared, issued o
put In circulation by or on behGy Of he Unite
States.
Every word In this analysis which hav
emphasized Is an essential ingredient In tn
description Of the paper. By collecting thes