Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1892-08-26

cations, and would not be forced, as in the
| past when the supreme power has oe,
In contempt in the presence OF the nations
| of the earth"
Finally, they believe that the measure pro-
posed Is not only practicable, but is less oD'
| jectionable than any other that could be de-
| vised. 1t could not interfere with or change
| the laws of the several States in regard to
| what constitutes crime, and does not pro
vide different penalty for an act against
the rights of an alien and an act which 1s
crime against citizen of the State; while,
| ii the Federal courts should not adopt the
| laws of the State, there would be two laws,
making a different offense of the same act in
q given State.
Far-Reaching Effects of the Measure.
Again, the far-reaching character of this
bill can hardly be appreciated 1t was stated
in the Senate that there are 5O,o 900 aliens in
Chicago alone. and that possibly one-thtrd,
but certainly one-hfth, of the population OF
Wisconsin is alien. The same conditions to
a greater or less degree obtain in many OF
the Northwestern States. Think, then, OF
the endless confusion which would result
from the division of the criminal admins
tration in those States between two 1ur1sd1c-
tions in such manner that possibly man
may be subject to two prosecutions LOT the
same offense; and this Inconvenience Is 10
be incurred to provide remedy for sporadlc
cases. which, after all, no law IN any coun-
| try has ever been able either to prevent or
| to remedy, and of which we have had exact
| ly one-half dozen in our history as nation
This suggests another uncertainty, as TO
whether, under this bill, a man can be tried
| twice for the same offense. The bill adopts
| the criminal law of q State, but 1t also makes
any act which is crime agalnst the state
! like crime against the United States. If,
| then, one accused of crime Is tried In the
| State court. and that tribunal holds that the
| act complained of was not a crime under the
| laws OF the State, would his acquittal be eff
fectual To secure his discharge uDOn trial
| for the same offense in the United States
| court2 Upon this precise question, as to
the effect of the bill, able lawyers differed
in the Senate, and it may be fairly presumed
that able judges would d1ner npon the
bench.
The ayowed purpose of this bill is to reme-
dy evils such as the New Orleans lyncnings.
1t seems hardly fitting to make such out
breaks the basis OF legislation of q general
character and of a character so far.reaohfng.
1t would seem to be better to leave them to
be dealt with according to the circumstanc ces
OF each case, as they have been in the past,
without difficulty.
Individual Rights Are Affected
Another objection, which. If not constitu-
tfonal is at least fundamental, is that this
legislation violates the ancient principle of
Anglo-saxon liberty, which may be termed
the localization of crime with respect to
trial and punishment From the earliest
times trial by vicinage was the Englishman's
birthright. 1t WAS not surrendered wnen
the prosecution was transferred from the
Lord Paramount to the>~Crown. The ac-
cused was not brought to the Judges in
London, but the Judges went down to try
him at his home, and he was entitled to a
jury of his neighbors. Our ancestors brought
the same principle over the sea. 1t was
imbedded in the constitutions of the Fed
eral Union and of every State. One of the
complaints in the Declaration of Independ-
ence was the deprivation in many cases of
the benefits of trial by jury, and in others
transportation beyond the seas to be tried
for pretended offenses
We conclude. therefore, that the proffe red
leEisla tion is not necessary or desirable, and
believe that. to say the least, there are
grave doubts of its constitutionalfty, and
that. In operation, it would prove uncertain
and impracticable We therefore recon-
mend the passage of the following resolu-
ton;
Resolved. That in the opinion of this associa-
ton, 1t is unnecessary and 1nexpedient that there
should be any legislation by Congress to give to the
Federal courts Jurisdiction of crimes against the
prrsons and properly of aliens in any case in which
such Jurisdiction does not exist IS in similar
cases IN which a citizen is the injured party.