New-York tribune., 1901-09-12
LBY TELEGRAPH TO THE TRIBUNE !

Schenectady, y. Y, Sept 11-Judge Judson
s. Landon, Of the bench Of the Court of APP
peals Of this State. when asked for his Views
the proper punishment of the Buffalo crime
said he had read with great interest the edi-
torial in The Tribune Protection for the
President" and went on 10 say:
Murder is not an offence against the United
States, except when committed upon the high
seas, or IN some port. or harbor without the
jurisdiction of the State. or in the District of
Columbia, or in the Territories or in other
places where the national government has ex-
elusive jurisdiction" (Mr. Justice Lamar in re
Neagle. 135 L. s.. page 9S)
The constitution defines treason against the
United States, and The Tribune is right in say
ing that Congress cannot change the definition.
The constitution confers upon Congress power
with respect 10 certain crimes against the
United States, but not with respect to murder
committed within State. the attempt to
commit it, The competency and exclusive juris-
dction of the States over these crimes has never
been questioned, except when the alleged crime
committed in alleged execution of the au-
thority Of the United States as in the case cited
But ii was held in that case, that there is a
peace of the United States; that a man assault
ing judge of the United States while in the
discharge of his duties violates that peace" and
that II is the duty of the United States to pro-
tect its officers from violence even to the kill
ing, If necessary. of the assaiant.
In the case cited, Justice Field Of the Su-
preme Court of the United States in 1899 while
journeying in California in the discharge OF his
duty. was murderously assaulted by Judge
y. a
Neage, a marshal Of the United States espe-
cially charged by the Attorney General of the
United States with the duty of protecting JUS
tice Field from the threatened assault, and at
tanding upon him for that purpose. shot and
Killed Judge Terry. The State of California
claimed Jurisdiction Of the charge of murder
preferred against Neagle. The Supreme Court
of the United States held upon habeas corpus
that Neagle's act was authorized by the United
States and therefore the United States could
deliver him from the custody and prosecution OF
the State. and II did
Whence II seems to follow that the Congress
Of the United States can. in order TO protect its
officers from murder assault enact such laws
with such penalties shall be adequate for the
purpose and retain TO itself their administra-
tion and enforcement, not necessarily to the ex-
cusion of all State jurisdiction. but far
paramount to IL as to enable the United States
20 assume exclusive Jurisdiction. The murder
of an individual in the city of Buffalo is a crime
against the State of New YORK; the murder Of
President Mckinley is the same crime and more:
IL is a crime against the peace. welfare and
stability OF the national government, for it
ton declares shall take care that the laws be
faithfully executed"
The executive power Of tie government is in
carnate in the person assailed and the assault
IS aimed at that power. Tie crime thus pre-
sents an element bevond tho scope of a single
State. extending TO all the States and depen-
denotes. Murder is one Of its incidents, but not
the whole of the crime, and thus the term 'mur-
der" is less than apt The constitutional def-
milton makes the term treason" inapt But IL
is not needful to give such crime a name; IL
will suffice to describe IL. Call il 'anarchfc
its quality. Its substance is apparent, and 1
respectfully submit that Il is competent for
Congress TO describe II and provide for its
punishment.