New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1903-09-01
LETTERS TO THE EDITOR.
a UNITED STATES PENAL CODE.
Punishment for Offences on Places Not Under
Government Jurisdiction.
itor of The Tribune.

To the Editor Of The Tribune.
Sir Frequent mention has been made By the
press within the last two weeks OF the sTindhng
Of citizen Of Washington BY card sharpers while
crossing the Atlantic and IT may be vel that
before me incident passes from the pubic mul4
lesson which It conveys should be noted.
Upon the arrival OF the steamer at New-Hork
the victim very commercially turned the offenders
over to the authorities. hut thereuFon it appeared
that there means Of Furnishing them In
the case mentioned believe that the offence was
committed a foreign vessel but the fact To
which wish direct attention is that if it had
been an American vessel the swindleTs would maze
enjoyed equal immunity.
This is not for any want OF jurisdiction II Is
familiar learning that the United states can
punish crimes committed American bottoms
wherever they may be. The defect is the want
Of law for the punishment OF the particular
offence concerned
There many such omissions in the criminal
code % the United States. NJ. Justice Story the
author Of the Crimes Act OF 1875 realized this and
sought to cure II by provision that in such cases
the United States should enforce the law OF the
State in which the offence committed This
section was amended in 1866; was incorporated with
the amendment in the Revised Statutes of lSH' as
Section 5,2sl. and was amended again by the act
OF July :. 1855. that IL now reads as follows
That when any offence Is committed IN any
by the United States OF coded to IL by a state or
State for the erection OF fort magazine. arsenal
OoCkyarO. OF other needfLH cLl!diEE OF ktIuCbuIes
the punishment for which offence is not provlded
for by any law OF the United States, the person
committing such offence shall, upon conviction IN
the district in which the offence committed
be liable to and receive the same punishment as
the laws Of the State in which such place IS
situated now provide for the like offence when
committed within the jurisdiction OF such state.
and the SAID courts are hereby vested with guTls.
olcton for such purpose: and no subsequent repeal
OF any such State law shall affect any SUCH prose-
cUtion.
II viii be glance that this provision
cannot be invoked TO offence committed on
the high and not within the boundaries OF
any State. But the practice OF swindlins pas
sengers on ocean steamers by cards and otheT
devices has become very common, and il Is shame
fUl that there should be law by which these
professional sharpers be punished.
There are other objections the section above
quoted. both practical and legal. For example, the
laws of Delaware prescribe whipping Tor certain
offences. but that punishment IS expressly Tor
hidden by the laws Of the United states Win us
custom houses. postofices. navy yards and lnolSh
and military reservations the territorial Jurlsolc-
ton Of the United States over crimes and oIenceS
extends in the aggregate over q large area Ire
quented by hundreds Of thousands OF persons. Inc
conclusion f. reasonable that It should have a
the States. Such a code has been prepared BY
commission constituted for the purpose; has been
favorably reported by the House Committee on ths
Revision Of Laws and only awaits the sgIon OF
Congress. ALEA- 1. BO4hAN.
washington. n. c. Aug % 1893.