Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1875-02-24
That +" Gag Law"

Inc senate judiciary committee haNlh
been directed by the Senate to report wha
is the meaning and extent Of the so-cale'
"press gag law" Of june %, 1874, sub
mitted a report Tuesday. They say that thu
first section was passed to prevent failure
Of justice in respect to a large class Of crimei
committed in the District, by giving the
criminal court, with its jury, jurisdiction Of
such Of them as under the constitution
could not lawfully be tried in the police
court. The second and only other part OF
the act simply declares that the provisions
Of the thrty-third section Of the judiciary
act Of 1889 shall apply 10 courts created by
act Of Congress in the District OF Columbia.
The report further says-1he sum Of the
matter, therefore, is that the second section
Of the act Of June %, 1874, confers upon the
courts Of the District Of Columbia the power
to arrest the offenders found in the District,
and hold them for trial (Which was the law
before), and to arrest offenders found in the
District who have committed crimes against
the United States in some judicial district
Of the United States, and to send them to such
district for trial, and that is ALL No person
can be brought into the District Of Columbia
under it, either for libel or any other crime.
The committee are Of the opinion that both
the sections Of the act are necessary and pro-
per, and in perfect accordance with the prin-
ciples Of justice and the course Of civilized
oft
character the District of Columbia would be
an asylum for offenders committing crimes
against the laws Of the United States and
escaping hither.
1t only remains to report, as directed by
.he resolution Of the Senate, whether said
act has any application TO prosecution or i'm
dictment for the crime Of libel in any case"
We arc Of opinion that, as before stated, no
person charged with the crime Of libel can
be brought into the District of Columbia
under it, for no person can be brought here
under it for any crime whatever; and it is
equally plain that no person charged with
the crime Of libel in any other district or
place in the United States can be arrested
and sent to such district or place under it,for,
First-Libel is not n. crime against the
laws of the United States in any Of the states,
so that no case could arise in which court
or Judge in the District of Columbia could
be called upon to arrest person here and
send him TO any state for trial for libel. 1t
should be here observed that the jurisdic-
ton Of the courts of the United States in
criminal cases is confined to offences created
by the statutes OF the United States. Moot
fence at law is indctable or triabe in the
courts Of the United States. This is the set
tied law of the land Public Statutes United
States rs. Hudson, Cranch, page thirty-two.
Bishops Criminal Law, section 1922
Second-lf in any territory libel is a crime
by its laws, and if such laws could be held
for such purposes to be the laws Of the United
States the act under consideration provides
no aid in sending person from this District
to such territory, for the thirtysecond sec
ton of the act of 1889 has no application
whatever to the Territories. The result is,
that the act Of June 22d, 1874, is not in our
opinion obnoxious to any criticism, and in
respect to the crime of libel it confers no
power either to bring person charged with
it into the District Of Columbia, or to send him
out of it.
The report is signed by George F. Ed
munds, Roscoe Conkling, Frederick T. Ere
linghuysen, George G.. Wright, Allen G.
Thurman and John w. Stevenson-the two
last named being the democratic leaders of
the Senate.