New-York tribune., 1875-02-17

Judge nf ID strict who snail eterce
evidence and ofaw. And COMMITTED oy "S
able with death shall aerwud procure hail and there ee 20 h.
any Jadse Of the sSpre@e or Superior coutt
As the act Of June o. 1874 mentioned IN me n
trict OF Columbia tho provisions OF the scion Juse
quoted, 1t follows that the inquiry Is reduced 70 ine
simple question, What the PROVISIONS OF th seetc az
which bas been the law OF the aud for more thah oo
yearsi Tney simple aud clear. ,,on
First: The crime or ofi,nse ul0n whlch the sec'o"
acts must be one against the United states. - .,o
Second: The off nder only be arrested upon tnS
warrant Of court judge Of the state OF CYSTIC.
where lie may found No court or judge can issue
to arrest the oneDder in any other sta'e VI
Third II the offender he thus arrested for an ohense
against The United States. and be brought beloe the
Court Judge Of the District where De was arrestou
he may be held for trial before such Court OF the UDe
States by the act Of Sept a. 7s9 had coguizance VI
Fourth: : The only courts having cognizlnce OF any
ofcuse by that act are l. The Supreme C1u, Cd
States esCahls ed 10 the various States Tue District
Courts OF the United States cstab.hrd in tne s %y
States. No STATE Court and no TerriI0ri Court as W
that act jurisdiction whatever for the trial oi an'
Fth II it appears when The offender is thus arrested
brought before the court or judge OF the district
his arrest, that the offense WAS committed la some
other District IL made the duty Of he Judge to cause
him removed Ia The district IN winch the onense
committed, the Constitution requiring ali crimlhai
trials 10 be In he district IN whcu the onense wac
committed IL is scarcely necessary say that the
districts mentioned the judicial districts OF the
ued States created by acts Of Congress III INC
States.
Slah The section gives power to court or Judge
to send for or bring person charged with crime into
his district jurisdiction under any circumstances.
The authority given this respect is only 10 remove 'o
person charged from the district In the cases named
The sum of tue matter therefore, is that the secoud sec
ton Of the OF June o. 1874 cOfcIs upon te cous
Of the District uf Columbia Tie power arrest offenders
found District who charged with crime com,
ed in the District aud hold them Tor tflal t"nicu
WIS the law beforel and to arrest offenders found In
the District VINO have committed crimes against tue
United States in some iuGicai disrlct OF tne Uuiteu
States aud TO send them 10 such district for trial and
OF Columbia under 1t, either for btl or any other crime.
e are of opinion that both the sections OF the
act necessary aud proper aud 10 perfect
with the principles OF justice aud the course OF eN1eu
Jurisprudence.
Without provisions OF this character the District OF
Columbia would be asylum for of ,nders con'stting
crimes against the laws OF the United otatvs ,d Sn
escaping hither Ii only remains TO report as drecteu
by the resolution Of the Senate whether salu ct mas
any application to prosecution or indictment & ior 'ae
before stated charged with The crime OF lloe
be brought INTO the District OF Columbia under IT,
for person be brought here under II any crime
whatever. And II Is equally pan thdt no person cIarseu
with The crime Of ibei IN any other district OF place III
the United States be arrested here and sent " such
District or place under 1T for,
Fust: Libel Is not crime against the laws OF tho
United States in OF the Staes that no case cOuu
aIse In wbicn court or Judge IN tie Dstrct o Coiun
tia could he called upon to arrest person mere ana no
send him State Tor trial for libel Ii should he
here observed that the jurisdiction OF the courts Oh Tue
United siaGs IN criminal cases IS coieu ~ T
AT Ia ndctabe or riabe in tue courts OF tue United
States. TINS was early determined by Tue supreme me
Court OF the United States and is the settled law or tue
land (Puhc Statutes, u. $. agt Hudson, Cranch, p
80. Bishops Criminal Law, see 1897
Second II IN any Territory lbclIs crime by It's laws
and II such laws could be held for such purposes To be
the laws OF the United States the act under consdera
tOn provides no and sen0inR person from thls DIS
trct To such Territory for the 331 section OF tue act OF
1879 has Application whatever to the Territories Inc
result is that the act OF June o. 1874 Is not Ill our
opinion obnoxious to any criticism, ana III respect of
the crime OF ipci confcrs power either to bring
person charged with into the Dstrct Of Columbia or
send him out OF IL. GEORGE L. EDMUSDs.
ROSCOE IONkLiNG.
FREDERICK T. Fl ELINGHUYsEN.
GEORGE q. WRIGHT.
ALLEN q. THURMAN.
JOHN w. STEVENSON.