Evening star. [volume] (Washington, D.C.) 1854-1972, 1881-10-04
THE EVENING STAR.
The Question Of Jurisdiction i'm Guiteaus Case.
WHEREIN JUDGE AGNEws AUTHORITIES ARE
FArITy
OCTOBER 4, 1851.

FAULTY.
To the Editor of THE EVENING STAR:
In reported opinion touching the jurisdiction
Of the Supreme Court of the District of Column
bia. ex-Judge Agnew. of Pennsylvania. is repre-
sented as holding section .Sl of the Revised
Statutes. (the act of March I'd, 1857 conclusive
of the right of that court to try Guiteau for the
murder of the late President. III the jurisdiction
of our court depends upon that section of the
statutes, ii would seem difficult to give the court
the right which every one is so anxious TO see il
exercise; for. with all difference to the learned
eXpounder OF that view. certain obstacles i'm the
way of extending the application of that law to
our court appear insurmountable.
The section is part of that portion of the Re-
vised Statutes dealing with the United States
circuit and district judicial system and by its
terms lt refers and applies only to those judicial
SUBDIVISIONS Of the aggregate of the states
known as districts and circuits. The District of
Columbia Is not part of the aggregate thus sub
divided. Sections 5S0-550 of the Revised Stat
utes mark out the United States judicial dis
tricts, no one of which comprises the District of
Columbia and Section 6O4 declares which of
these judicial districts shall constitute the re-
spective circuits: while i'm many instances, as
for example, by Section S491 of the Revised
Statutes, Congress has distinctly recognized the
fact that the Supreme Court of the District of
Columbia is not in the category of United States
district courts. Moreover. the Supreme Court
OF the United States Gin Wall 364 and l3
Wall. 355), has declared our criminal court to
be still different court from the Supreme Court
OF the District; so that any pretence that our
criminal court is to be regarded i'm the light of a
United States circuit court must fail
The right of our Criminal Court to try Guiteau
for murder will undoubtedly be sustained but it
can scarcely be sustained by virtue of any such
law as the act of March 2, 1867. The crime for
which Guiteau will be tried was begun in no ju-
dicial district or circuit of the United States and
it terminated within the jurisdiction of state.
Ii the crime had been contaminated within the
District Of Columbia the offence would have
been against the United States. II it had been
wholly committed at Elberon the offence would
have been against the state of New Jersey, and
such that United States court could not take
jurisdiction of it as against court of the state
If Judge Agnew's view be correct. however, the
crime far as it occurred within New Jersey must
be held an offence against the United States i'm
order to bring it within the terms Of the act of
March 2, 1867, and make it triable in New Jer-
sey in which event no state court could have
jurisdiction of it..
The assassin can and will be tried. convicted
and punished here, but the court will ground It's
Jurisdiction in a deeper and broader cOnsidera-
ton than any that has yet been thrown out i'm
the discussion of the subject. ID.