New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1882-05-23
THE ASSASSIN TO BE HANGED.
,,-Sr,cr COWS RITLNG SUSTAINED.

TTCE JAMKs-IMPoRTANr LAW PoiNlS fASShD
UPON.
WASHINGTON, May 22.-The published an
o1reenen that the decision OF the motion to annnl the
yerct and sentence in the Guiteau case would be de-
,xcr this morning by the Supreme Court OF the DIS
srsc. o Columbia General Term, attracted to tho court
room large crowd, including many members OF the par
DstrieAttorney Corkhin and Walter II. Davidge were
prescnt representing the Government, and Charles H.
Reed representing the condemned man. AT quarter
past 10 the Judges Cartier ana JUSTICES
Haguer Macarthur and Jamestook their seats on the
bench and the court was formally opened 1mme
.i,aiely Judge James proceeded 10 read the opinion
%. the Court The reading occupied an hour anu
qusrter. The decision is Us follows: -
The United States Charles j. Guiteau o"pi''"'
Court Of the District Of Columbia, in General Term
The defendant Charles ]. Guiteau was indicted Vrod
,o,oa and septanced nj a criminal term of the Su
,o conrt NJ the District Of Columbia, for the muruer
of lanes A. Garfield and has now brought MS case Ao
the General Term for review upon certain quco'o" VI
Law IL appears by the record that the oeiohuae eo
tbe deceased on the second day OF July, a. ~" tooi
b n ptstol in the station OF the Baltimore ana 10
toma Railroad in the City and County OF Washington IN
The District of Columbia, and that the deceased
on the 10th day OF September, A d. 1851 deo al Eoo
on in the County of Monmouth in the state OF Now
Jersey of the mortal wound caused by that shooung
that the dead body Of the deceased was ai'er"aiu
h,yht from NewJersey into this city and county, ana
,ha, No ,nouest thereon was held by any coroner OF
,her officer in the District Of Columbia These facts arc
undIsputed. $500 ~,
This indictment is founded upon section $3.50 OF the
Revised statutes United states, which provides
that "every person who commits murder WITHIN an9
fort arsenal dockyar magazine or n any other place
~ district Of country under the exclusive jurisdiction OF
,hs limited states . shall suffer DEATH
As the argument on the part VI tHo W
PENDANT questioned the application OF lniS
general statute to the District Of Columbia ana as TINS
question has not hitherto been formally presented on
anpea we propose now to examine it, Notwithstanding
Indictments und or this statute have always been sus
tanned IN the criminal court and sentence has been al
srmed That part of section 1888 which mas Deeh
cited was drawn in the 9vison OF the statues rom
The act OF April 80 1890 known as the First crimes Aot
which was passed in the second session OF the ISL con
gress when the Legislature was occupied III he"Suio0
for uniting the new Government in operation
The third section of that act provided "That any
person or persons shall within any FORT arsenal, dock
yard magazine, or IN any o'.er
nlace or district of country, under the
sole and exclusive Jurisdiction of the United states
commit the crime of wful murder, such person or per-
.ons ON being convicted, shall suffer death" The Con-
euton of the United states had provided that; me
Congress shall have power 10 exercise eAciu-
sye legislation all cases whatsoever. over such uS
rrot mot exceeding miles square as may by cesson
of particular and the acceptance OF Congress- oe
come the of the United States and
to exercise like authority all places purchased by
the consent the LIE sature Of the State in when the
same shall be for the erection OF FORTS magazines
arsenals d0ckyards and other needful buildings (arL
sec. 81.
IL will be observed that in designating the place III
which the commission OF murder should be deemed
crime against the United States the Legislature EN-
poyed substantially and to the same extent precisely
the language found i'll that clause OF the Consultation
which conferred upon the power to exercise exclusive
legislation certain places 1t was the duty OF the
nj he
committed to power by the Constitution and 1t is 10
be gathered from this similarity of the language OF
the statute and of the clause OF the Consu
tuition referred that the Legislature intended u per
form tina, duty once in organizing the machinery OF
the new Government. Considered from this point OF
view the terms of the law indicate an intention TO
provide, far the crime OF murder
was concerned, not only for the iorts'
nrsenals magazines and dockyards mentioned IN the
Constitution but for the particular district described IN
the same of that instrument The designation Oh
place was as strictly applicable the district as to the
forts and magazines there mentioned And II IL De Cd
fecd that the new Government possessed at thattme
no district Of country which had become Its seat the
answer neither had it at that time the docKyaros
and magazines for which the statute provided protec
tion against this crime. Every part OF that section re-
lsteo to places yet to acquired Therefore, its
terms apply described the district OF country" which
mas since been acquired the seat Of the Government
of the United states, they must be held TO apply
to that district quite as certainly anu
by the same rule Of construction by which
they are applied forts and dockyards which were not
then In existence but have been acquired since the
passage of that act.
We arc not even embarrassed, under this theory OF
constructions by suggestion that Congress must be sup
posed that to be legissting about matter winch
chen oaed uncertainty for this very dis rct OF coun
try subject be acquired by certain measures TO be
taken ON part of the United States accepted for
the purposes of Government by the act OF July
l6 1890 passed at the same session with the crimes
Act and only eleven weeks later 30 tnat us acuson
complishod TACT We know, 100, 'h ir IRON eri
the beginning anxious nsd pu Egs% Of Congress
10 remove the Government from Philadelphia and TO Sc
cure tDe new residence contemplated by the Constitu
ton In view OF that purpose natural that Con
gress should at include this future district when 1t
Jurisdiction of the United states
The Provisions OF LAW NOT RFPUGNANT.
But apart from these considerations, we KNOW OF no
principle which should take out OF statute when ny
explicit and unlimited terms includes any and every
distct OF country under the sole and exclusive Jurs-
action Of the United states" district which falls pre-
clsely within that description though like all the iorts,
magazines and dOckyards OF the United states, IL Was
~ the third secdn Of the Act OF 1890 would apply at
the District OF Columbia when IL came under tnV
Jurisdiction of tue United 5iateh 1t was MOI put
aside and superseded by the genera ProVlslo "a Tue
OF February ~ 1901; That the laws OF The state OF
Mary tuey now exist shall DC ana continue ~
force IN thai part OF the said District whlch was ceded
hy
o.pted-2 stat lO3 AS these Two provisions were not
reugnanL could operate together TINS general pro
xsi OF the later statute, the adoption vi body OF
law both and relating 10 Nast u
versy suDecIs, did not disturb the more particular
rroysun of the carrier statute relating 10 particular
eubiect In District We believe. therefore, that the
fnIra sectou oil the Act of 1870 has been IN force
A. ms Distct ever since 1t under the exclusive
Jurisdiction of the United States But II we had any
donht GDu that cues should hold without doubt,
that IL has since the 2lst day of Feb
ruary ls7 by virtue of The act OF thai GATE establishing
new form government Tor this District The thirty
fourth section act, which Is now embodied III $50
ton 93 Revised Statutes Tor the District oil CoIu
bia provides mat All the laws OF the United states
which locally inapplicabe shall have the same
force ana within the District elsewhere III the
United states" Under the operation OF this provision
other laws the United states relating 10 crimes
hAna.. AMI law