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

lhc punishment OF certain crimes nknainnss 1 w
United States, approved April 30, 1890 Inc
last section Of that statute Is the section rom
which our statute Of Limitations, when
taken. mo person." says the thirty second Sec |
ton, shall be prosecuted, tried, punished io5
treason or other capital ohense aioresada wlIl,n
for the same shall have been found by the grand
Jury within three years next amer the capital Of
feense aforesaid shall have been done or commit
ted nor shall hny person be prosecuted, tried, OF
punished for any offense under any penal statute
ofthe United States, unless
THE INDICTMENT OR INFORMATION
for the same shall have been found or instituted
within two years from the time OF the committing
Of the onense," &c, My brother claims that tnht
tuition. bui INV brother iorgets when he advanced
that claim upon Your Honor for consideration,
that the amendments to the Constitution end ~
that there isin the Constitution by means on whien
we do claim protection, were not thought OF at the
time the statute became law. IL was
long time amer the statute was passer aru as nsd
submitting the amendments OF the CONSTITUTION 70
the people. The Flth Amendment TO the Con-
come law until late in 1901. SO much for that
cotemporaneous Interpretation oil the yonSu.
iSst NSs h Is " SSsTe aonSr
to look at. 1 want the third volume.
There was on the 9th day of July, 17el, a statute
vision which refers 20 informations also, which
my brother did not find, and did not cite 70 the
Court believe The last seonon Dn. one =, tpa.
posing duties upon stamped paper and the like
aud was created for the purpose of collecting reve'
nue.. Itprovides for
FINES, PENALTIES, AND FoRFnTURIs;
forfeltnrcs properly the particular property about
which the offense and failures to pay duty have
happened. This goth section OF the statute provues
that all fines, penalties, and forieitures wnlcn
shall be incurred by virtue of this act shall be sued
for the reason named By the supervisor Of the reye.
nue. within whose district any such forieitutes,
fines or penalty shall have been incurred by bill
or Information ia the Circuit or District Court
There Is also another statute upon this sub
ably familiar to Your Honor, That e
the statute which organized the original Criminal
Court Of this District, The statute, became a law
OH the 18th of July. 1893, and VIII be found In
Statutes at Large, page 300, but desire 70 CAL
your attention to the last part of section when
dction in the said counties respectively now held
in by the said Circuit Court In the said counties
| respectively for the trial and punishment OF all
| of all fines. forfcitures, aud recognizanccs."
And the Revised Statutes section 772, In describing
the duties Of the district attorney says that he
shall report to the solicitor of the treasury the
suits he hns instituted for the purpose OF collecting
fines. penalties. and forfeitures read this statute
to Your Honor in order TO show you that the leg
slatlve mind when 1t used the word "informa-
ton" used Il IN reference 10 cases where there was
fine or forfeiture, aud that proceeding was pro-
| ceeding IN rem and was only
| QUASI CRIMINAL PROCEEDINGS;
| not proceeding for the purpose of publishing men
for violation of the laws of the United STATES Inc
|
provision that "auy prosecution, infOrnation orac
lion mny be sustained for any oiiensc under this act
ntany time within FIVE yenrsafters such oiiense shall
have been committed, any law 10 the contrary
Notwithstanding" That is all internal-reyenue
statute. This clause which have just read to
Your Honor has been perpetiiated by the
Revised Statutes IN the statute OF limitations. and
the word information rs used there was originally
used In reference TO turietures and VIOLATIONS OF
the internal revenue act, and were not for the pun.
shmcnt of crimes or Olcnses against the United
States The Revised Statutes of the District Of Co.
lumbia also contain something on this subject
on page 3D. an old Maryland statute which was re-
enacted In the Revised Statutes II provides
that
All fines penalties, AMI iorfeitures nocrung under
the laws OF the state OF Maryland, which, by adop-
lion have become the laws OF the District, shall be re-
The name OF the United states or by ncilon of debt in
the name OF the United states and The iniormer; one
half OF which iine shall accrue to tile United states
and the other half to the ntormer; and such fines
fSH s S9ls s By BY m Paid do Tue Ditto
OF Columbia and the other half to the iniOrmer; aud
their eoIIecton, and be subec to tue same rules and
regulations as TO the payment thereof as the sheri'
OF the state OF Maryland are subject to IN relation 10
thesame
This very statute was considered by the su.
preme Court. OF the United States In the case re-
ported in Peters, Isl, where 1t was expressly
decided that the District Attorney did not derive
his authority rom the state Of Maryland, and
therefore the coroner had no right to call upon
} him 10 issue writs for collecting fines. That wa,
simply for the purpose of collecting fines imposed
} by the statutes of Maryland This brings me. in
THE COURSE OF Ny ARGuMEST,
to consideration of the case of .he United State
vs.. Mann as reported IN Galllson, ISS. have
given you an incorrect reference as to that case
il occurs three times In this book, and the cas-
now alluded to Is on page III, and that has refer
, ence TO these very statutes, one OF which hay
read ON the subject of the collection OF fines, pen
: allies, and forfeitures will read the syllabus:
An oiTense punishable by lne and lmprisonmen
under the embargo act Of 9th of January 1909, CHI q
not s sSged m ep Sc S o se Es n SS 81 ~
The Circuit Court Of the United states has jurisdiC
tlOn over such an olenso
, MIR. To,ten then read further from this case.
Your Honor will find in a note something upo
! the subject where an indictment should be iled o
action Of debt sustained in court for the collection
of a fine, penalty, or forfeiture and that Is whn
: this ease decides. Now, refer you to the Unite
d States VS., Walsh reported in 3 Woodbury. an
= | Minot, p. H6.
flvor this last remedy. The breach of the law leI
is not crime in one sense SO as 70 require an indie
nent in Tho discretion Of the Court, nor does Il loo
sp Ty @'T pc ri 50 as Peculiarly 70 require
civil remedy. But i Is rather one of those mike
3 for public reasons and 70 he sued 6ron public aaco
!, ~ part and in The name Of the United states rnh
IS would seem to hc the most appropriate as that S I
stled Officially by INC pIpe G9rne S ana mi nqS Nv
e action Of debt brought by, any attorney whom Il
q prosecution pleases 10 employ.
v This prosecution, which Is referred to in til
Il case, was the same kind ofa proceeding as that
the case mentioned in the opinion (Which hay
1llSt reerrUu ana uTOSe
which provided IN its very language that
:. should be proceeded upon by Indictment
70 Information, &c. Now, that statute upon whiC
l. what was known In those days as he embargo act
g. 2Slnuics ut Large page 5l0 and the twelfth scctiC
b out Ss tSs S BE
a lgcted by indictment or Information
~ now, THERE WAS A MI-cRIMISAL PROSECUTION
n carried on by information, and that is CORE
~, definition of the word information as used. NJ
~ "a correct explanation of how that word came in
I'd the present Revised Statutes; and II instructs
that the word Information" does not refer
a. ANYTHING except 10 n collection OF fines lOriei
re ures aud penalties. The statute which prohibit
al the dealing into slaves in this country Is anoth
al statute upon this subject That statute proyid
~ that n proceeding may be by Indictment or 4
formation, and 1t contains the statute of limit
. tons, and the provisions OF that sectiI
its establishing q limitation Of five years Is u
rs, provision OF the ~keyised Statutes, section 10
re- r., II made provision for disposng of nniortunu
NJ N. who imported slaves into any portion or port
is this country u northumberland him guilty Of
re high crime aud mlsdeamennor with an extend
n; imprisonment--qnd used the word indictment
~ the limitations OF the actions TO bo instituted
nn five years for the Cling OF the indictment or an
n formation. Now submit to the court That this
is the clear Interpretation Of that slatute-that t
,u- word Information" referred TO proceeding
rem, and the word indictment" refers TO :
nt should import slaves into this count
he Now, upon this subject wo have sometni
ms later. II Your Honor viii take note of two ca.
u viii not read them, although they bear upon Il
"a question that these are only quasi criminal pl
ng U.hIuBs 4, etu ," Ia III s,n',ios ~ iha III,
''' States, unless otherwise explained. neans an
=, formation In the nature of proceeding IN rem,
ne It is quasi criminal proceeding for collection
III fines lorteitures and penalties the same AS II us
nd 10 be under the old ordinance Of Washington q
di- rs II prevails now IN mo Pollce Co
nc. OF this District A statute very Amt
on to this old statute, called the C
on barge act" was In existence in this country, a
~ the case In IL Wheaton, p ~, and United Sta
r vs. Murphy, l6 Peters, p. 30, the Attorney Gene
md vs.. Bowmen, 2 b. 4 Z. i32, note! The case viii
ad am about 10 bring 70 -FOUR homOIs Intention
lev the case of StOCkWell W. u, >. This was QeCld