New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1882-05-23

TRIAL by JURY IN TIE UNITED STATES.
OF course the limitations OF cognizances which grew
out Of the original function of the English jury to ma
the fact as OF their own knowledge and which survived
long that country have application TO the JuileS
provided by the laws United States, whether for
service in the States or in this District No such trad
ons or anachronsms were adopted by this Government
when it adopted the trial by jury; When
ali crimes except IN cases Of impeachment, shall be by
Jury" # simply provided that body ~ Twelve men
shonld be the tribunal by which the fact OF the crime
should be tried So much OF the common law was
adopted and then the intervention OF the common law
ceased The vcnage and all s surviyas have never been
known to the system thus established The jury OF the
Constitution try felones committed on the high
seas n class Of cases which the common law jury WAS
NOT competent to try and IL might he drawn from all
corners of judicial district, or from a
ns crime To oT d@ sSy psGc in inc any
which the Legislature should prescribe provided u was
committed. It's function to hear witnesses and to
find the fact upon their testimony, and IT. was to ne
prove II joined to the Court and was to occupy all
the ground occupied by the juris fiction OF the Court
illusions Of the common law, because II hos been urgeu
that the phrase commit murder within etc, as ein-
ployed in the statute Of 1890 IA technical, ana that lts
meaning must be ascertanedby reference to that law;
and because this statute has been technically treated IN
believe that the meaning OF this provision against tho
commission OF the crime Of murder within the de,gna
ted places is to be settled on grounds which are
there he room for Sny doubt whether Congress
intended to this phrase in the sense Of the common
law then we hold that according the principle OF that
law murder il committed within the District OF Column
bia when the felonious blow is struck here, notwth-
standing the consequent death happens Without tue
District and In one Of the States.
We turn now to the peculiar and higher ground ON
which conceive this question should stand and u
considerations TO which as a court OF United states.
exercising the judicial power Of the United States we
required to give especial attention. However proper
imay he that the courts OF the States where the com
law exists should treat the question OF Jurisdiction
from the standpoint OF that law, that qqe-uohi
States, whenever fort or magazine
or an arsenal district OF country is under the ex
the standpoint OF Federal authority and with reference
to the relation OF the crime 10 tho sovereignty OF e
United States. We take IL to be fundamental rue OF
construction that an independent ana sovereign gov
eminent is always TO be ndrstood, when makes laws
for its own people to speak without ana reference TO o
laws OF another people Government unless those Jaws
themselves contain PLAIN proof OF contrary lnentloh
ually borrowed and embodied therein from the laws OF
hhoner PeoPIe, th9 eNtolt Vi t,'se ~
strictly construed and not enlarged by linpnehtIoi
So far its laws be understood only by reference
to foreign law reference is authorized by the law
maker because 1t II necessary but 80 1ar a. us com
mauds NAV be understood original terms ana WITHOUT
1t is only when understood to be. TO this extent, the
original expression of ito Will, that It's words can
necessity it utters the intention OF an allen law Is
ignore just that extent is absolute independence
of existence and action and Will.
TILE USE OF THE WORD MURDER"
The law before us is one to which this fundamental
rule is plainly to be applied The word murder " was
used in it as the designation OF known crime and the
statute furnished definition beside the
simple use OF this term. 1t was used,
OF course as It had always been used by oil English
speaking people and could only meanas had meant Ill
the Colonies aud in England, that crime whicn Is com
itted when a person of sound memory aud discretion
unlawfuy kileth reasonable creaur under me peace
of the sovereign with malice aioIgthongl, eun1r ex
pressed or implied II II necessarily understood VIA. 10
this extent at least the Legislature had In mind the law
Of another Government and authorized Us TO turn TO at
law for xplanatlon Bus does tnls law contain hy Tter
terms which may not he understood without consulting
and searching the decisions OF foreign tr
law, for this Government had no common
lature could be supposed to refer. nor any
law but the Constitution which established H. mere
terms than the word murder" any other provision
which cannot be perfectly and certainly understood
methods of its operation and its application to terri.
toral divisions were adopted INTO III Oy npHcatlohf III
cision or Ie to determine the stus Of crime, the
language OF this statute would have been deemed GER
and uninell ble because the common law had rule on
the subject Standing alone the terms OF ths law
yOnd them explanation the OBJECT 10 De
by the Federal Government and the subjects dealt Win
law was intended to operate before We turn 10 foreign
expanaton Certain places, the FORTS arsenas, dock
vaPPds and 1nagazines of the General Government
and a certain district OF country 10 De SET apart
for s resid ence Withdrawn from the control and
protection of the States and placed by the Constitution
under the exclusive protection OF the United states.
The Legislature OF the United states WaS cnarFeu WIN
the duty OF protecting these places against inc cols
crimes therein, and therefore, IL must DC nuer
stood TO have been Intended when u proVded Ir tne
punishment of particular crime, 10 accomplish
completely o tins 1ee uSt be srry construed
but settled that they are neVert heess
TO construed ike all OtneT statutes according to ther
plain intent ana sensible meaning anu sl pliii iI
sensible purpose is to be defeated by an arbitrary
method Of reading its words These words, then, must
be 40 construed chectuate the intention OF com
pete protection against the crime OF murder IN ihe
meaning permits such a construction. The pam enect
of this legislation protection against acts and
places The act desig nated in this section was murder
the doing of that which contributed the uhiwIu knhg
of under the peace and protection
OF the United states with malice aiorethOught ana the
Legislature must be nnderStoou 10 comtIGd
within the place designated. When particular act be-
To- n he class and is of the Of the act here de-
scri1ed a. murder the question whether it was com
mtfed In the designated place Is questo Whelhet
was 40 committed contemplation Of TINS statute not
II WAS committed there contemplation OF the
common law of England or OF the several Staes LOOK
ing only TO the sta itself, then, and excluding the al
lrG,d notions of the common aw-nOtOns which We
have found not nave been part OF the lhW-We hh
tnat ii regards murder as an act committed by tne OF
fender; an act committed in the place designated Kead
in this light. the PLAIN ana sensible ~, meaning
which are found, within the year ana the day
facts which constitute marder We ilhd nothing I'D tme
statute a. have found nothing In the common law
wnicn indicates that act Is not murder IN particular
place, because the consequences OF that ~ ~
some other place. IL the act OF the OHendcr hchc'os
murder then that is MURDER and that act Is done
in the place designated then, IN coneipato1 VI 1s
statute the offender commits there Inc crime Vi huer
AN EARLY RULING OK THE WORD MURDER"
We are aware that very learned judge OF the United
States, whose ruling afterward followed by an
equally learned Judge Of the court, substantially
held in an early case that the word murder alone In
another section Of this statute limited its
aupcaton to those of murder in which the death
happened in the same place with the felonous blow
1t vas pointed that murder involved killing and
them eifeci, although IL was not so stated explicitly
he statute was construed If 1t had read If any
person shall unlawfuly and with malice aforethought
XII another within certain place. Accordingly 1t
was ned that unless injured died there he
could not be said to been killed there 0nd tnat
therefore, the accused had COMMITTED there the
crime murder We sensible OIL the embarrassment
Of differing any question OF law from authorities 30
eminent III bOIh the discussion
of this question brief, consisted vi little more
than statement OF proposition. Suon method OF