National Republican. (Washington City (D.C.)) 1872-1888, 1881-09-30
TIVE LONG AND SHORT OF 1T.

To the Editor OF TIiE RRruBLIcASi
The synopsis of the law bearing upon
Gulteau's case published recently In the Critic, II
correctly stated is remarkable for the evident mis-.
conception Of law into which the writer appears 10
have fallen. Mr. Robinsons view Of the matter
might be correct were the crime with which Gut
teau is or will be charged one against the United
States and cognizable under the Federal Statutes,
but II does not appear TO be SO. The judicial
system of the District OF Columbia is of
dual character. Its supreme Court exercises
the Jurisdiction of criminal court having
cognizance OF all manner of ofenscs against
the laws IN force, including murder. and II
cises in cases arising under the laws ofthe United
states the jurisdiction of Federal Circuit Court.
Az cases OF murder for years occurring within the
District, with tue exception of that of President
Lincoln, have been tried, technically speaking, in
the Criminal Court. and not in the Supreme Court
sitting as Circuit Court of the United States.
THE JURISDICTION OF TIIE UNITED STATES
Circuit Courts is clearly and strictly defined by
statute. By law they are given cognizance OF the
crime of murder when committed upon the high
seas or In ANY fort, arsenal, dock yard magazine.
or In any place or district of country under the
exclusive Jurisdiction Of the United States" this
last clause being intended TO include the indian
country and unorganizcd territories, &c. But
President Garfield was moi murdered In any Que
OF the places indicated, within the intent and
meaning Of the law quoted. lie was murdered In
the District OF Columbia 1t Is true: but there Is
nothing in the statutes to show that the
United States have exclusive jurisdiction therein
within the legal meaning OF the term.
Onthe contrary, the only power claimed and re.
served TO Congress is that Of exclusive hgislatiJR
prcrog0tive widely different from that OF inris.
diction See Const U. s., Art. l. Secs Section 7Sl
OF the Statutes, referred to Ia the u hcs synopsis
is only applicable TO cases crimes against
the United States and which are properly cOgniz.
able in a Federnl court. IL has no bearing there.
fore, upon Guiteau's case for the reason that his
crime was not committed in any fort arsenal &c,
under the ofthe United States
and the United states Circuit Court Tor the Distric
supreme Court sitting us suclt) lacks territorial
jurisdiction.
IN COMMENTING IRON THE SECTION
lI3D above referred TO, Mr.. Robinson is reported to
have said: There Is doubt but that the District
of Columbia and New Jersey constitute districts
ascertaincd by law as provided In the Constitution
OF the United States. The present case (Guiteaus 81
was therefore clearly provided for under this act"
careful examination Of the statutes and nuthOri-
ties will show It Is confidently believed that said
ready stated, viz that The oHcnse is not one cog
nizablo in court OF the United States any more
thnu was that OF stone or any other common NUT
derer. aud this because ot want of jurisdiction
ritorinlly considered But although Mr.. Robin
bonsline OF argument appears faulty, yet his con-
elusion that Guitcau can be tried In this bis
trct is q sound one. We believe the fatal
'blow-the shooting-to have been the net
Tor which Guteau must be tried. and
that what folowed--the death OF his victim
the death occurred here ar elsewhere. The ussas-
lin should have fair trial. but il Is hardly neccs-
sary TO split theories in order to advise him OF
means for escape from proper punishment for his
vile deed. He Is here; the courts are competent
and ready, therefore let him have trial. There
Is no danger that righteous Judgment upon con-
viction Will be rendered imperative by tile en-
fOrcement OF any mere legal technically, even II
one exists He will be indicted, tried. convicted,
ientenced and hung in the District OF Columbia.