Year: 1875




to inquire into the extent and meaning
of the act of June 22d, 1874, generally
known as the Gag Law, and about
which a great deal has been said.
The committee was composed IN part
OF the leading democrats of the Senate
and they have examined into the matter
and made a report to the Senate from
wich we take the following summary Of
the whole matter in the words of the
committee:


As the act of June 22d, 1874, men
toned in the resolution of the Senate,
onl extended to the courts of the Dis
trlct of Columbia, the provision Of the
section just quoted, it follows that the
injury Is rduced to the simple question
What are the provisions of that section,
which has been the law of the land for
more than eighty years? They are simple
and clear.


First-The crime or offense upon
which the section acts must be one
against the United States.


Second-The offender cali only be ar
rested upon the warrant of court or
Judge OF the state or district where he
may be found. No court or Judge can
issue warrant to arrest the offender in
any other state or district.


Third-lf the offender be thus arrest
ed for an ofense against the United
States and be brought before the court or
Judge OF the district where he was ar
rested, he may be held for trial before
such court of the United States as by
act of Sept. a, 1889, had cognizance
of the offense.


Fourth--The only courts having
cognizance of any oFense or case by
the acts are: l. The Supreme Courts
of the United States established in
the various states. 2. The District
Court of the United States established
In the various states. No State Court
and no Territorial Court has, bv that
act, any jurisdiction whatever for the
trial of any cause, civil or criminal


fltth-lf 1T appears, when the off
ender IS thus arrested and brought be-
fore the courts or Judge of the district
OF his arrest, that the offense was com
mitted In some other district. It is made
the duty of the Judge to cause him to
be removed to the district in which the
Ottense was committed, the constitution
requiring all criminal trials to be in
the district III which the offense was
committed, the constitution reouirinu
all criminal trials to be in the district
i'll which the ofense was committed
IL IS scarcely necessary to say that the
districts mentioned are the indicial
districts of the United States created
by acts Of Congress in the several
states.


Sixth-The secti on gives no power
to Court or Judge to send for, or
bring person charged with crime into
his district or jurisdiction under any
circumstances. The authority given
in this respect is only to remove the
person charged from the district in the
case named. The sum of the matter.
therefore. is, that the second section
of the act of June, 1874, confers up
on the court of the District of Colum-
bla the power to arrest offenders found
Ill the district, who are charged with
crime committed within the district,
and hold them for trial, (Which was the
law betore) and arrest offenders found
In the district who have committed
crimes against the United States, and
to send them to such district for trial
and that is all. No person can be
brought into the District of Columbia
under it. either for libel or any other
crime. The committee are of the opinion
both OF the sections are necessary and
proper, and in perfect accordance with
the principles of justice and the course
of civilized jurisprudence


Without provisions of this character
the District of Columbia would be an
sylum for offenders committing crimes
against the laws Of the United States,
and escaping hither. 1t only remains
so report as directed by the resolution
of the Senate, Whether said acts has
any application to prosecute or indict-
ment for the crime of libel in and case


We are Of the opinion that, as be-
fore stated, no person charged with the
crime of libel can be brought into the
District of Columbia under it, for no
person can be brought here under it
for any crime whatever. And it is
equally plain that no person charged
with the crime of libel in any other
district or place in the United States
can be arrested here and sent to such
district or place under it; for
l. Libel is not crime against the laws
Of the United States in any of the states,
SO that no case could arise in which
court, or Judge, IN the District of Col
; 1mbia, could be called upon to arrest
man here and send to any state for trial
for libel. It should be here observed
that the Jurisdiction of che a.r-t or.hs