New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1881-10-01
TILE TRIAL OF GUIIEAU.

SIR: It's important, III every way tIidui'" Hi'"
take should be made regard TO the locality IN whcn
Guiteau to brought tria failure to select the
proper pac would indeed be discredabe,and might give
rise to action the part Of an incenscd people l'
will be avoided If fair and speedy trial is awarded MN
al the proper place There are diverse opinions OF S
subject and whether he should he tried where ne no"
confined or in the State of NewJersey under the STATE
laws is a question at present much discussed among
lawyers
am not familiar with the different acts when Con
eress has passed time 10 time for the government
of the District of Columbia or what special powers nave
been conferred by Congress upon the courts III '''' "
trct but il seems TO me under the General Statutes OF
the United States which control wherever the United
states Courts have Jurisdiction. sufficient authority
given to try Washington, and thus aN"d 'he
questions which win certainly arise II he he remover
from where he is by force and taken for ta! N STATE
which has never had jurisdiction Of his person sccu"h
73 Of Chapter - of the Revised Statutes of the United
States reads follows:
when any offence against the United siatcS3
is begun in enc iudlcM 1.s,lGt nnu roTn hecu
committed in either and may be dealt Win in
Of tried determined ana pHsnou ~ and Wbol
Thi. section was enacted in 1869 or tlereabouts. and
II the term "iudcal district used in such section Is
held 10 Include the jurisdiction Of the coursn the DIS
;rcr OF Columbia there be but little doubt that Gu
teau nav he there tried The question arises whether
when Congress- 1869 enacted section 13l referred TO-
which certainly important legislation Tor all inc
territory within the jurisdiction Of the United states
either by design neglect failed 10 include within ia
provisions and protection the seat Of Government by
statute the United States are divided into judicial dis
ricts over each Of which Judge designated dlsrlct
Judge presdes and these judicial districts are divided
into nine circuits and each circuit presde JUS
tee DESIGNATED "crcuit Justice" These divisions and
designations as well the location of such districts and
circuits ere made by Congress- then sitting in PhtG
delphia early as September, l7S9 Upon these
courts District and Circuit" at the same time were
con ;errcd with other powers the exclusive jurisdiction
OF all crimes cognizable mdor the authority OF the Uni
ted states
nv provision in the Constitution Of the United states
which was passed in March, 1889. Congress was given
power 0 exercise exclusive legislation in all eases over
such district exceeding ten miles squarc) as may
bv cession particular and the acceptance q" Con
grcss become the seat of Government Of the United
states and to exercise like authority over all places
purchased by the consent Of the Legislature OF the
State in which the shall be, for the erection o
forts magazines. arsonas dockyards and other need
full bulducs and 10 make all laws which shall he neces
cary and proper for carrying into execution the fore
going powers" Commissioners were not appointed I'M
Nh July 1890 TO receive the ccssnn Of such lands from
the states OF Maryland and Virginia, and therefore II If
absolutely certain that Congress did not consider the
wants of H., DisIici Of Columbia when Il divided the
United states into judicial Districts In fact at The
present tme the District Of Columbia is not included in
I
In July 1916 the lands coded by Virginia were coded
back 10 her: but ever since the cc-sion of the
| land which now constitutes the District OF
Columbia Congress has exercised exclusive
Jurisdiction and made laws for its government IN
like manner 90 over all other property within the iur-
diction Of the United states Courts have been created
p such districts with Jurisdiction try and punish
crimes and appeals 80, allowed IN final Judgments or
DEGREES OF the supreme Court Of that District under GER
tain circumstances, 10 thc supreme Court Of The United
states u the manner appeals from DEGREES rem
derci i'm circuit courts: and further the Judges Of such
courts are appointed for life good behavior 10y the
predeu of the United states an respects the Courts
| Of the District OF Columbia United states Courts
Section n Of Chapter l. Of the Revised statutes 81 the
United States emitted The Judiciary, reads As fol
lows: THE Jurisdiction vested IN the Courts Of The
United statos n The and proceeding hereinafter
mentioned shall Dee exclusive Of the courts Of the several
staics first ~ an crimes aud offences cognzabic under
the authority United states" etc. etc BY section
| 1850 Of same statutes, Livery person who commits
murder within any fort, arsenal dockyard, magazine
or m any other place district 81 country under the eJ
elusive Jurisdiction Of the United States etc. etc, shan
suner death" Il tro therefore, moral certainty, con.
sidcfiug That the District Of Columbia has never been
included u any of the judicial dscts referred TO- and
that the legislation enacted in 1862 by Section 49, was
quite appropriate aud NECESSARY at me seat "i Gov
eminent any other part nt the United states thai
a. meaning .Uy df.trt under the exclusive luris.
dctiOn 81 the United states over winch Un'd states
| Judge prosidcst
should H. be determined. however that the term "ju-
dcia district" in Section 73l refers only to he districts
located by Congress in 1890 believe viii Toe useless
10 look the Common Law has been suggested, for
authority to brug on the trial u the DstTcl o ,0iuh
ba When such District was ceded 10 tnr Ontu slal.s
boy Maryland, In lS'S that STATE had 'ohe tu' p'Iort
adopted Common Law ol England a. paris ut ~ own
law and after the acceptance Of the land ~ the United
states, Congress enacted that the laws OF Mary lal IN
repealed altered 1y Congress should continue 10 he
the law governu the District Of Columbia MANY views
have been expressed different times III the different
states which adopted the Common Law Of England as
be stated the better opinion, that the Common La"
Of ENGLAND, modified by positive enacmentT lCgeth-
er with the statute laws which In force, 80 Tar "a
ae s.ne nv w' ne mmon Law II man died in one
county OF astrOke received IN another the assaau was
not ndctabc In either because the offence "aH MOI com
pete either and no Grand Jury could inquire OF what
| nIcnce regard 10 counties was concerned II waS
when was 10 the effect that if person inflicted an
jury upon another from which injury he died IN another
county from that in which the injury received, such
assaant should be indicted and tried In the county In
| which the Injured party died subsequently, In the
forty third year Of George Ill., statute passed to
the effect that when death should happen In England
when death should occur OF England from cloniou-
cause given IN England an indictment thereof l3hnd by
"a Good and c6ectra i'm law as II the offence had been
| completed in the county. Several OF our states
have since enacted similar statutes But this latter en-
actnent I'M England docs not avail in favor Of the Dis
trct of Columbia as the enactment in that country
long after the adoption Of the Common Law by Mary
| land, and the formation of her Constitution
This question was early determined IN Virginia
That STATE mad adopted the Common Law OF Eng.
| land I'm the OF The Commonwealth W.. Linton
reported Virginia Cases II was held that II person
stabbed Virginia died Ot his wounds in another stale,
the assassin could be tried for murder IN county
of virginia but might be tried for TIE stabblng IN the
county where the blow inflicted. Virginia has
| titled this defect by statute.
| The Common Law is wonderfully flexible 20 De sure,
and IL which makes II so admirably adapted 10
the cyer-varying conditions OF human affairs, but that
Reliability consists only M the application OF Old prIncl-
pcs 10 new In state IL has been deter
mined while trial by jury could not be dispensed
with in CRIMINAL TRIALS IL Obviously WITHIN the scope
of esation regulate such trial Ii the Common Law
must applied 10 for authority 70 try Gultedu IN the
Columbia. fear failure unless the Common
| be stretched TO make II That
such act would uOt Ice declaration Of principle,
| but merely deCiar,tOry Of "A new rule OF practice.
| Ne,e- York sept. u, 1851 JOHN ID. TOWNSEND