The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1901-11-03
The Proposed United
States Penal Code@
By HON. SAMUEL J. BARROWS,
Commissioner United International Prison Commission

To many foreigners accustomed to ma
tional codes and centralized administra-
ton it seems strange enough that the muir
derer of the President of the United States
at Buffalo should not have been tried and
punished in a federal court. 1t seems hard
ly less anomalous to many Americans. Had
the murder been committed in the Brook
Ign navy yard. in the New York postoffice,
.or in any other federal building, the trial
would have been held in a federal court,
since under the Constitution territorial
jurisdiction belongs to the United States in
such cases. But even in this case the muir
derer would not have been arraigned for
killing the President, but for killing a
simple citizen, William Mckinley, the
crime for which the assassin was con-
victed under the laws of the State of New
York For the laws Of the United States,
while they make provision for the punish
ment of treason, or rebellion, or insurrec-
ton and other offenses against the exist
ence of the government, make no provi-
sion for the punishment of offenses d.
rected against the person of the President.
This is not because Congress has no power
to enact such law, but because it has not
exercised it. The question does not turn
here upon the matter of territorial jurisdic-
ton, upon whether the United States can
punish Offenses committed on the soil of
the State of New York. The United States
can and does punish offenses directed
against its sovereignty and that sovereign
ty covers the whole Union. 1t is asserted in
many laws. If a person is found making or
passing counterfeit money or even if he
Of no hpr Rrl-
reau of the United States. or mutilates a
national bank note, he is punishable under
United States laws. Likewise the principle
that the United States may protect its Off
GERS is already embodied in statutes. Thus
whoever prevents an officer of the United
States from discharging his duties, or in
lures him in person or property, may be
imprisoned for six years and be fined $1,000,
and whoever obstructs or assaults an Off
Ger serving a process may be imprisoned a
year and fined $500. If the United States
may protect a judicial officer or a police
officer in its service when representing it's
authority, there can be no question about
its power to protect its chief magistrate,
or to punish assaults against him as as
saults directed against the authority of the
government.
Such a law might not have much deter
rent effect upon cranks. insane persons and
desperate criminals. Its value as a prevent
i've measure must not be overrated 1t
would rather express a national conviction
than constitute a national defense. But it
would tend to develop sense Of response
bility for the protection of the person of
the President, and show that a republic
may be capable Of reverence for personal
lied authority.
DEFECTIVE CRIMINAL CODE.
The defect of the United States code is
but one of q great number which character
lie that instrument and the legislation
which has succeeded it, The United States
is one Of the greatest nations in the world.
but its criminal code at present is one of
the most defective possessed by any civil
lied country. II is archaic in form. inexact
in definition, incomplete in it's classification
of offensss, and wholly inadequate 20 rep
resent the national life or the national
conscience. II is based on TIE tradition