Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1873-08-01
The nana.shenherd uheI Case.


In this case, Mr.. Dana, editor of the n.
Y. Sun, having been prosecuted for libel on
a Mr.. Shepherd, a member of the govern
ment Of the District of Columbia, an order
was asked from Judge Blatchford, U. 5.
District Judge of New York, by the l. ,.
District Attorney, for Dana's removal to
Washington for trial. Judge Blatehtord
declined to give the order, on the ground
that as the Constitution Of the United
States provides that no man shall be denied
trial by jury, in cases Of crime committed
under c s. laws, and as the Washington
Police Court has no jury, the defendant
could not be removed from New York TO
Washington for trial before that Court.
The n. Y. Nation comments as follows
on this decision
five consider for moment what would
be the effect Of Judge BlatchtOrd 5 implied
opinion that, had the Washington Police
Court been provided with jury, Ny. Bliss
THO L. ;. District Attorney might have
carried off Mr. Dana 20 Washington Tor
trial. we see the importance Of the matter.
There are in this country thirty-seyen
States and ten Territories. ana IN these
forty-seven there are some fifty or sixty
United States judicial districts Every
leading newspaper in the country circulates
in most of these Jurisdictions. 30 that II
libel published in New York Is also publish
ed constructiyely by circulating II in Wash
ington. 1t Is not les published in Boston,
San Francisco, New Orleans, and Philadei-
phia. That Is 10 say, in each Of these cities
and in a thousand other places, the crime
0flibel j. committed. More than this, 1t
seems TO be clear that with each copy Ofthe
paper circulated an additional crime i com
mitted. At any rate, 1t Is obvious that, in
this state Of the law every time New York
editor e. exposes q fraud he commits an
act which it only needs a properly drawn
Act Of Congress to make a crime In fifty
different Jurisdictions. and TO subject him
10 fifty different indictments. fifty different
arrests fifty different involuntary Jour
nevs from Maine to Georgia. from
Alaska 10 Texas. and fifty different sen
fences in a. many different courts. That
this should be law in any civilized country
We cannot believe.
If we understand this matter, the Naii0n
does not. Even if the Washington Police
Court had had provisions for trial by jury,
and if Judge Blatchford had ordered Mr.
Dana thither for trial, It would not follow
that he could have ordered him removed TO
Massachusetts, or any other State. Nor
does the Importance of his decision consist
in any implied conclusion that a libel pub
lished by New York paper Is also pub
lished constructively" in other cities where
the paper circulates. The question whether
or not libel Is published" wherever the
paper which prints It circulates. was not
raised before Judge BlatchfJrd Mr..
Dana's counsel resisted the application for
an order for removal, on the ground Of the
constitutional provision TO which we have
alluded and Judge Blatchford based his
refusal on that ground. The point Of the
case is Just here In the States Of our
Union, libel Is q crime under Safe laws
only. But the District Of Columbia Is not
State nor within the limits of any State
Az offences there committed are, in their
legal relation, offences against the United
States and they are Of course triable in the
United States Courts, for there are no
Others in the District. The crime Of libel
stands in this respect precisely like other
offences. Mr.. Dana having. as it
was charged, published a libel in
the District. was liable to be prose
cuted and tried before a {. 5. Court in the
District. And, as in all cases of crime
against the United States. the Of
fender may be arrested any where
in the United States and sent where
his crime was committed. the District At
torney claimed that .as matter of course. in
this case, Mr.. Dana could be sent to Wash
ington for trial. It seems TO be fair
inference from Judge Biatchford's decision.
as the Nation mentions. that il the Wash /
ingt0n Police Court were recognized and |
provided with q jury, any editor whose
paper circulates there, might, if charged ]
with libel, be brought to Washington for /
trial. But II does not follow, and would |
not be the case, that any editor could. on a |
similar charge, be carried TO " Boston. san
Francisco, New Orleans and Philadelphia"
for in those cities, as everywhere else in the
United States, except IL the District Of Co
lumbia, the crime OF libel j. not an offence
against the United States, but against the
Nate, and can be prosecuted only in the
State courts.