National Republican. (Washington City (D.C.)) 1872-1888, 1881-11-09
THE STAR ROUTES.
fuoniinued from FIRST Pdoc.l
nbsenoe OF sLalutory proy.lons for rnlcs % guldo
IN rnr rxrnc1sE or rnE1n ruNcrIoN

absence Of statutory provisions Tor rules 10 gulue
them.
IN THE EXERCISE or THEIR FUNCTIONS
in criminal rs well rs in civil cases, II Is to the
statutes Of the United States, enacted III pursuance
Of the Constitution, alone, that mus teso,t ty "
determine what constitutes an ohense ag@nnst @
the United States. The United states haye
no uuwriten criminal code (Which resort ss can DC
had as the source Of Jurisdiction lpage b6s)i
That while ofIcnses must be defined and created
through acts Of congress n the absence o any enact
prosecuted lie mode in eSistcneea at the adoption OF
e SsnsqI ns tba m9y aia na snou'o NC O' ''
In the United states against Reed 70 How.
ird, page sol, this general doctrine Il 'nun.
,ia,ed IMr Cook then read at length the
iutboflty mentioncdi Your Honor Will uJssrve
he officers named at whose suggestion y may be
FlsS, fIsSS a whose instance is this information
THE INSTANCE OF THE POSTMASTER. GENERAL
in connection with the Attorney. General two oftbe
distinctive and permanent officers OF the Govern
in England. Not at the unauthorized zeal or wish
ofa prosecuting officer. but at the request aud d.
reclion Of the Department Of Justice and Of the
Post. Office Department, in which the alleged mis-.
deeds are asserted TO have taken place, and II
comes, therefore, on high and official sanction.
What is the value Of those Departmental How
can they maintain their purity II they may not be
allowed to prosecute these onenses In accordance
with the authorized aud sAnctihed practices whtch
come down to us baptized aud cnnonized by the
practice OF our ancestors in this country GOV.
ernment, f Your Honor please is not. us VIC are
sometimes taught man is, the result Of the caprice
OF the dance
OF ATOMS AND or ACCIDENTS
of buried worms, Of atoms drawing themselves in
their progress from inflnetisimal existence by
various grades until they are developed into
the genius and the wisdom and the stature OF hu-
Inanity, IL is more. II has It's primary origin in
the bosom Of Divinity. Government on earth Is
but an cpiome Of the grand and better forms of
government that maintain the eternal throne and
out from which come the laws which control hu.
manity, which hold every planet and orb In their
system, ind gives grandeur and dignity and
harmony and civilization and truc manhood
TO earth. And II this be the true conception OF
government when single atom Of that govern.
ment, whether cnvcloped In the official roboor not,
attempts TO disturb It's purity or antngonize the
sanctity of its principles. may that atom come be-
sore court ofJustice and declare thht that court
SHALL Not REACH OFT HAND
20 correct the misconduct and reduce the dis.
order TO order in one Of the regularly estab.
lished and adopted modes Of prosecuting
crimes. II is sfurthcr said, Bishop G. Pro. and Pr;
ain our States criminal information should be
deemed ~ be such and such only, as In England
Th Of ~ TIC EsS Ny Ir Sas pSn Seeome
common law with us. The powers which in Eng.
land are exercised by the attorney-geneml and
soiclorgcneml are largely distributed among our
district attorneys, whose Office does not exist In
England. The latter officers would seem to be Gu.
titled under our common law to prosecute by In.
formation right adhering to their Office, with:
out leave OF courts aud such Is the doctrine acted
upon ~ some Of the states, though IN some OF
Fourteenth Amendment Of the Constitution Of the
united States provides that "no person shall
out due r process of I law. The Constitution % Of the
United States provides that no person shall be held
10 answer for capital or Otherwise infamous
crime unless upon an Indictment or pre-
sentiment OF the grand jury But misdemeanor
not within this, Inhibition may, in the United
States tribunals be proceeded against by informa
ton. In Wharon's Criminal Pleading and Prac-
tice pages 81 and 49, we find this: lnformations
the prosecuting officers of the State without inter-
position ofthe grand jury lseetion so in the United
states courts:
The conclusion Is that for mlsdemeanor which do
not preclude the person convicted from being wit;
hence person @ may Be proseeacd BY for
violation Of the revenue laws. The severity OF the
punishment does notify Itself make crime Infamous
AND THIS TEXT Is SUPPORTED
by large numbero of authorities. In the United
States against Maxwell, 3 Dillon, and the
nd IN cases ease Of Ab6O 6TySI nasd 9sS
formations are sanctioned and upheld. Il is done
by the text-books UnQuestionably tisby the nd
the proposition can be established It is established
Notwithstanding the defamation against 1t and
denunciations oft, that information is an author
ized 9nd proper remedy lt Is urged, however,
that Il II be correct that informations were sane
toned in this country
THEY HAVE FALLEN INTO DIsUsE.
1t Is maxim of the law: "No time lies against
the King against the government, rs respects n
Temedy-no more than otherwise" Time cannot
the Government, but disuse may not be Invoked.
on page 4Ss, l. Abbott, this is expressly de.
Sawyer, page 2i6. cite the pages Upon which this
point is presented and commented on by the court.
Inc constitution oil Maryland as 1t existed in lS0l,
RECOGNIZED OTHER REMEDIES
than by Indictment. Section 10 of the declaration
.orrtghi. was in these words: THAT In all Grim
inal prosecutions every man hath n right to be in
formed OF the accusation against him, to have n
copy of the indictment or charge in, due time, II
s Rfgas M hs Eli rss aS
ognized other forms of charges, and the other form
which existed a. the period q the adoption Of
minor claims, been fully recognized In the Dis
,rict Of Columbia, Iniormations are supported
both by direct terms and by implication in va
rious acts OF Congress will chiefly
PRESENT THESE IN CHRONOLOGICAL ORDER
and briefly, that time, so far as possible, may be
preserved, In volume l. US. Statutes at Large
page ll9 sec. 30
No person or persons shall be prosecuted tried, or
punished for for treason or other capital oLenses w
Sa Hr see same shell be found bya grand Ipry within
shall have been eommeG SsS nor shall ali % any pefso Se
prosecuted, tried or punished for any oeHse not cap
statute unless the Indictment" '''' ""' p'''"'
Does that stop there2 No
, unless ne indictment or information for the snme
shan be found or Instituted within two years from
committing oft the oIense.
Now If Your Honor please, may direct special
attention to this fact: When was this act passed Z?
April 30. 1870 II passed concurrently with the
adoption OF the amendment TO the Constitution
requiring the higher crimes to be prosecuted by
INDICTMENT. II is therefore cotemporaneous ex-
position OF that provision OF the Constitution. 1t
was
Ahi- oAslE bODl Of MEN
toa great extent, who framed the Constitution. It
was while they continued to live that this act of
April ~ lisO, was passed which in direct terms
eSciuulng capital oiienses from trial by any other
mode lnhn by Indictment permits others to be
prosecuted by indictment or information. SO that
the Constitution of the United States, AS Your
honor VIII see NJ the very foundation of the Coy
ernment and IN fact before the amendment In ref
efehce 10 Indictment was actually ratified (for II
was not ratified until l79l), the Congress OF the
United States had provided for the use of nforma.
tions
BY DIRECT LEGIsLATTos.
That Is all. These acts were revised If Your Honor
please, in 1874 by the Congress of the United
States, and in that revision they adopted in direct
terms, and with but slight and unimportant
alterations, the statutes with regard to limitations
l0i4 ofthe Revised Statutes. "nO person shall he
prosecuted or punished for treason other capital
onense, wlliini murder excepted unless indiet-
sSo Sh' is ra 9and within three years next after
committed No person shall be prose-
outed, tried punished for any oifense not capi.
IA except as provided by section lOi6, unless the
tuted within three years next after such
of'ense shall have been committed I"
Ihe 5S,, very LEGISLATION Of 1870 which ratified,
ton with indictments, as concurrent remedies in
the prosecution Of crimes other than capital have
been re, enacted IN lS7l 50 TINT there has been a
formations as fully, indeed, If Your Honor please,
IN REGARD TO THIS GLASS OF GRIMES,
where they are allowed as indictments them
selves, ny act Of Congress- approved June H. 1870,
a Police Court was created Ia the District OF Co.
lumbla aud continued in force by the Revised
Statutes Of June 90 1874 There are or two sections
Of the Police Court act which it may be important
shall be by information under oath without indct.
ment by grand jury, or trial By petit Jury -
Then, In addition 10 that it Is declared that when
parties apply for repeal they shall render re.
nOEntZ1upp with sufficient "a IN ha