National Republican. (Washington City (D.C.)) 1872-1888, 1881-11-10

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aud forfeltures by action Of debt Information, or
Indictment The statute which my learned friend
brought TO your attention Is the act entitled An
act TO extend the laws Of the United States relating
territory ccded to the United States by Russia to
estalish collecting district therein, and for other
purposes IL simply extends the laws relating to
the collection OF Internal revenue, fines forfeit
ures, and penalties 70
THAT LATELY. ACQUIRED TERRITORY,
and II takes with It. of course. the provision witch
is found in the acknowledgements act, which pro-
vides that fines, foreitures, aud penalties may bo
collected by action of debt, Indictment. OF inform
alton and the census act Stat at L., t02I. whirit
i6Si iisuppofs i6s sfftcSd which 'Ys have ad.
dressed a. Your Honor on the subject OF the word
Information wherever Il occurs IN the statutes
OF Congress- l do not deny, and my learned
friends VINO are win me 40 not deny, ma,
supported in the District and Circuit Courts OF
the United States they have proceeded by mfr:
they have no authority for doing that, unless by
positive enactment Of Congress under the FIN
Amendment to the Constitution. But do say TINT
any lawyer who examines the question care;
fuy, I'm view Of the legislation ofthe country, viii
ind that they have no authority TO proceed ~
The legislature has practically thus declared
that except in the few cases mined as te
statutes In force In the District of Columbia In re-
aton to the Police Court, proceedings shall be By
Indictment and not by information. But we have
but little to do with the Jurisdiction of the Police.
Court. We are confined TO the examination oy
mis- question as u Is presented In ms eSnrt snd
care TO offer upon
TINS BRANCH OF THE CASE,
This brings me,in ihe course of my argument.
TO the examination OF the question as TO whether
this Is or is not an Infamous crime, II was highly
entertaining TO me to observe the difference In the
tone of the gentlemen when talking about The
enormity of the oifenses committed by these re-
spondents, which they aver have been committed
by them. One gentleman called Mr.. Brady aud
his associates In this matter, robbers aud em-
bezzlcrs and stated that they had their arms into
the public treasury up to ihe iIus S,Tnp al,
that they have beloved on that subject like ono
Of the bulls Of Bashan But mark, Your Honor,
when the gentlemen come back In their eloquent
language TO discuss the question OF an Infamous
crime, They try to make itappoar that 1t was mere
peccadiio. They aggravate their voices aud, ike
Roar you gently as any sucking dove
That is the way they did when they approached
Infamous crime. Upon that subject II the Court
please, there Is a diversity Of opinion There is
dvs s5a EeG many n Sns s,sss
do with It. We are told in the next that tho
punishment has nothing TO do with the question;
| that Il all depends upon the nature Of the crime
| Now, so far as that question is concerned, think
1 may safely leave II for Your Honor TO determine
THE AUTHORITIES AND THE LAW.
| Ihavc been over the decisions of the State OF
Maryland with great deal more diligence than
| usually observe In such matters and am unable
to find any definition by the courts Of that State as
TO what Is or Is not an infamous crime. so that
Us to what the common law definition Of that term
was. Your Honor has had all the citations. Your
| Honor's attention has already been invited to
case which TRANSFERRED In this court great many
years ago, when the case Of the United States VS..
that hat case aas Mr. Hire Tor something Of that
kind who was rendered as wit
ness in that case was Objected to because no
cheat the creditors Of some bankrupt In the Dis.
trict OF Columbia, aud II was argued with great
show Of authority aud some show of smlitude
that that oiense WINS not an infamous crime But
the Court decided, and very properly, that 1t was
an Infamous crime and that that man, having
been convicted and sentenced to the penitentary
therefor, was not a competent witness But APP
prehend II the Court please, that at this late day.
In view of public opinion upon that subject, no
court will decide that man who has once had
the keys of the penitentiary turned upon him
| to serve out sentence, Is not Infamous. You may
ask any man, woman, or child IN the public street
viii answer that he IS and must be. II there &
, anything that takes away from u man the ordi-
nary credit that is attributable to an honest person
| i'll the community IL Is the fact that he has COM
mitted crime OF Il sufficiently grave Character
, To COMBINE HIM IN THE PESiTESTiARY.
There was very learned discussion Of this
Yonp H 10 VIII take eli ,He trouble to look
e the decision In Dodson you will find that the
Y learned judge of admiralty said that he did not
. know anything about the COmmOn-law rules on
that subject, and, In order that there might be no
4 mistake about IL, he repeated that he was not
c yersed iu the rules of the common law relat-
: lug to the subject OF Infamous persons. The
Q very question came up subsequently In Sinrkio
OF that person, before Lord Peterborough, il re-
i member correctly You will find thnt reported IN .
starkie. p and Il is also found in II or Il English
a Common Law Reports cannot remember the
volume my note says H. but find that 1t is not In
d that volume Your Honor can readily find i in
ii Snrkie. The court there discussed the question,
a aud snid 1t was one about which there was some
doubt, and said that the best way under the cir.
the man have the benefit of the doubt II Is stated
however, In Starkie that the the testimony of Lord
Cochran was refuted by subsequent testimony. aud
that IL became of no consequence, so there was no
n further discussion about It. My learned friends
a, argued to Your Honor that II was mere pecca-
Sey 70 raise the price q stocks dare say that
= the rule In various cities In this country. pre-.
sumo that i might safely be said that nine out o.
It the cities Of New York and Philadelphia arc en-
Of gagged ,...
al in either getting up or carrying out conspiracy
to raise depress the price ofstocks consequently
ri 1t don't strike those gentlemen as being an infs-
st nous crime. But sl that has but little TO do with
~ the questions which we have before us. We have
III u case here where the punishment Is imprison-
ment in the penitcntary, and we have case g
y, very grave consequences to everybody who Ii
in VIII, however. leave that question, Of tho
70 Your Honor that in my Judgment there Is now q
e. legislative definition of what is infamous and
III,
which recognizes the Police Court of the Distric
m subject. Section 1919, K. s. d. O., says:
,d The Polo Court shall original and exclusive
Jurisdiction Of oil oen.es against tue United state
M otherwise Infamous crmes that Is TO say. all sim
pie assaults and batteries and all other msdemeanor
he not punishable by Imprisonment In the penitentary
o, That is II declaration by the legislative author
s ity that an Infamous crime Is SOME KIND OF mis-
% demeanor that is punishable by Imprisonment II
w legislative power which has supreme jurisdiction
over this little territory OF the District of Colum
,,s ba. They have established court for the pur
o n. pose Of trying petty crimes and onenses wlthou
re- petit jury; and in order that there might be nc
IL mistake about 1t, II uses this language
nn under vidciiee and says That Is to say" IN
O Oh crime;" that is to say to wit: Non. Infamous
ol crimes arc those which not punishable by i'm
~ prisonment in the penitcntiary, and IL any sue
hy brought before the Police Court y is the dut
-, of the officer presiding there ut the time to holt
TO bail and send the cases to the grand Jury. AM
w that Is the practice day aiter day. Your Homo
rns can see Judge Smell do that any morning at Mint
"a to the gland Jury these informations because
r they are crimes that are infamous and are punish
NJ able by
w Now submit TO the Court that whatever the Ia,
q. may be, whatever may be found In the tea
writer's on that subject of inmy this statute de
fines what shall constitute and what shall not con
stltutc an Infamous crime The gentlemen ma
tell the Court, and think some of them have in
timated as much, that the Constitution has 1xeC
that question aud that is above the jurisdictions
De power Of Congress TO change OF alter the definition
ecl which we find in the common law, Yet the gentle
he In the common law upon which they can suppoi
,ut their view of the case because the words conspr
raj aoy at the suit of the king run through the &c,
It'll OF every writer in every place and under all form
They s1v Ia suit the king" lhi