National Republican. (Washington City (D.C.)) 1872-1888, 1881-11-09

inclination 10 impart to the crimes more serious
character than Congress has done. This Is what
IS attempted In vindlcation Of the defendants by
the positions which have been assumed from time
20 time In the progress Of this discussion ~ the
y $. VS.. ,Conpcrsmith % Int. Rev Record, wv
Is o case in the Circuit Court OF the western DIS
uiot of Tennessee IN 1850 where this was heldby
Justice Hammond II Is only thus that u Is posi-
PIG for them TO escape from the conclusion That an
information for conspiracy may be iiled ~ ihis
court. This doctrine will appear distinctly IN .
Hughes, in the OF the United States vs.. Baugh,
Hughes 4 LIST Federal Reporter, p, 7Si:
Under Federal laws nothing Is felony unless OK
pIessy so declared by Congress- with the exception
Of capital onenses, aud II has always been the policy
OF Congress TO avoid us much Us possible the multi
pllcaton ofsatutory teonies rhe inclination OF Con.
oifenses
The inclination Of Congress ia, while maintain.
ing by proper legislative acts, the dignity OF the
Government, TO connne so far as possible within
the limitation of mlsdemeanors and hence It
would be forcedand violent construction to hold,
~ the absence Of an expression of the congress
siOnal purpose. that the crime Of conspiracy un-
der sec. 5li0 was anything else than misdc.
mcanor May go a step further In regard to that
II Your Honor will turn TO vol H. p iSi OF the IA
Statutes Mt Large, where this enactment origin
ally appears you will find that II Is expressly dc.
clnred to be q misdemeanOr. II has been well es.
tablished that In the Interpretation of the Revised
statutes II becomes proper to refer to the Qrginnl
acts, especially regards questions Of doubt, that
there may be aseeitained correctly what was
THE MEANING OF THE LAW MAKER
in the Revised Statutes II In the original act II
v,rdcI a., ,ba ahsa ~ , aorisiio hociaro
tion more than n misdemeanor2 And If simple
e all the @ all the dssscG Tsqa ,hs
crime charged in the information Is only con.
Whom were NOT of,iceps ana ,hrea ~ whom were
II EN- braces both classes; II involves no onth-the
violation OF no special Obligation especially as re.
fore, Infamous, II Your Honor please In Its
nature. II consists simply OF defrnuding, and II
,nent ,shiL ~ s,d, ~ a. ,u,, 'ns pi h
refepred ~ rhsa n,u,sbment a. M dkii tho
nnriis. IN .,ch coppsn,.an., .aii IT, i,.hia 20 a
pnai,; W y, ' sun pp az sna ue @ nanie ~,
k,o ono ard In nri,r,., ~ nn1 o ,Inn two
ytaysS n docs not n,,ss II ~ harI
labor. II may be tolerated or allowed, but il Is
not required and in further exposition of the
purposes this It may be proper to refer to It's
subsequent amendment, which will be found oil
page 49, fthe supplement to the Revised Statutes.
That they shall he liable 10 N pepalty of not more
than $1,000 to imprisonment Tor more than Two
years, or TO both fine aud imprisonment, In the dis
cretion OF thecourt
IrsTHE SANE oFFENsE;
but Congress I'm the act 1874 declares thnt the nun.
ishment may consist OF a simple hne, or i may
consist ofboth fine n nd imp mprIsonment When before
has any LegIslation treated an iniamous crime
with reference 10 It's punishment rs Congress has
But this is not ali Conspiraey Il ono of the crimes
which could be prosecuted in England by inior.
N AL irair al Inf fnrp1 nj
and 30 this refererence will be found
In n direct reference 10 conspireoies ms
constituting part of the crimes which
could be prosecuted by Information. They are
repeatedly referred TO- So. too i'm petcrdorf vol.
ume To- pages do5.4i3 aud i'm the case of Grover
against lockwood. starkey, 81. and in Tomlin.
sons Law Dictionary n IL hilly presented under
the title informntIon which contains flll. con.
densed. and clear treatment, The Information
was exbIhited NV ,he Atinrnev- -(ienerni for con.
sniracv 10 defraid the revenne II was bronght
far eonspiracy aione IL was conspirncy aif;sciing
the revenues of the Government Tho charge in
the present Information directly affects. too the
reyeniIos Bmt Il Inns hcen insisted that ali tho
cases in which Information has been used have
been revenue cases and Mr.. Wilson, and perhaps
Mr. inrorsoli
" - ,. ,. ....
bhVAhh poLp AND DEFIANT
on this, as some other points, and in clear tones
challenged the production OF any case OF CON
trary nature, and as he did so ~ was with dlil'
Guilty that reIraineu rom exciaming Win Gul-
~ ~. iInitod states We Briddieman o. iniernni
Revenue ven Record, 81, You viii find one case that
dld not reln,n O,c ne ea Dus Ieiu'ga 70
soiletnlng VA au,nJnoa In tbis recoa
Sse ot & niu me-, tn ahn iinitod siates oas,
Your Honor VIII turn totne e uhiseu , Sies @ agaMht M
nhles, toueIai nePVSI.,eii, ~; S W % 1 .,iis
case rsv, ~ nina i,e ith onnndment "Tbe cr,mn nr
NOUS orll,e I.s e, ,n5n Iiie. a ,,o, ~, d. VI
pnsslng comnterict uaue ho',s 20 no' ~ ~, III
mmous crime W.iu w tne ,I,,us u,asoa,, ~, one
tons ions for such oienses upon information filed BY
the Dlstrint ht.orney "Da n9, .eIeiy;e fiVae @
lne C9nsttutiol1 " tnv omI.eu r q S. t,as
AT Inc isi rsaera, NeiJiItvlt unioeu stues n,
against Bnneh' tei was IN iniostnntaon ioT EN- em-
pezE,ins le'tsts nuu a. snas was n, ssneu t
llughes so that u s Iar rom correct tnat M sne
cases III Wlich lnorn"M3ns rI hhSe ocon useu Hrro
been revenue cases;; cs;, ihey naye hpt oeen, 70
tnese clus.ions VIII Io1 seNeIni otners: united
Sates ngninst ,,, 1nh, IN iss maspn; 5n tnS onitea
case N which Justice fleid decinea misuemcanors
iiss M w Co. ,pn, nasa t c,o,o,o
NJ rnnLDoos IL moi n nncar VIA, A. ,xns forq
II ,. ,yns " n,isdcnaanor anI n1t csniioi ar IN
6,,mons crin,e Ne nre of The on,nion thai an In
iprmaton may be filed by the district attorney in
uyinni y, 'o Snn,oi,,nG ouai,at ,hn law r th
TTnIted Statea Two thinss II was syainst law
y, ,h i.nd,ed s,oteS 90 "a tbs infosmation II
oi o .he 90 Tho c W. y,ch ~
hoye giyen Yomr Honor reference shows that Ills
consnIrscv was ' Ai0A''' '''"' '"''
REGARDED AS MiSDEaEANos:
Hence the pertpInenSy ot ths case The United United
States against Maggie, IL BlatChtord; Tho United
States against Miller, Hughes, page 65S This
was an Information founded on section $40. That
section makes conspiring by two or more persons
to defraud the Government u punishable ofIense
and declares the commission of any act going TO
affect the object of the conspiracy by anyone OF the
was under this very section, and was a proceeding
at Norfolk, in the United States Circuit Court,
Eastern District of Virginia. SO that this very
remedy has been adopted under this very section
| viii leave these authorities and these points
with an additional reference TO- the case In 9th
rsaeLal kepdE WHEN Vn,ns Is @ % au no per-
formation with having passed counterfeit trade
dollars with intent 70 deiTaud, anu In violation Of
The question for determination, therefore, Is
whether the, crime Of passing counterfeit trade
oP'"'' ~ 70 u" i"'''''' S'' "i'''" ''' i'Ao""'"s
THE FIFTH AurSpNrsr OF THE CONSTITUTIONS
MI, ~, 'i.,,,,,,, ' ',,,Io,' =.
Inc RUE ol tne common Jaw Dy Wnlcn 70 declare
niu nt " i ", AZ s'yuer e oIS hara " W