§ 76 d. Criminal actions, where to be brought. The United States Constitution, art. 3, providing for the trial of all crimes in the State where they were committed, applies only to trials in Federal courts, and not to trials in State courts.' Under clause 3 of sec. 2, an indictment or complaint cannot be found or made, in either a State or Federal court in one State, for an offense committed in another. 2 Crimes committed against the law of the United States, out of limits of a State, are not local, but may be tried at such place as Congress shall designate by law. A circuit court has no jurisdiction of a crime committed in any other State of the Union than that in which the court is sitting, but may take jurisdiction of crimes against the United States not committed in any other State of the Union, when the prisoner is apprehended in that district. 4

1 Nashville C. & St. Louis R Co. v. Alabama, 123 U. S.; Ex parte Pritchard, 43 Fed. Rep. 915

2 Re Rosdeitscher, 33 Fed. Rep. 169.

3 United States v. Jackalow, 66 U. S. 1 Black, 484; Cook v. United States, 33 U. S. 157.

4 United States v. Jackalow, 1 Black, 484.

§ 77.

Offenses, where tried -The trial of offenses punishable with death shall be had in the county where the offense was committed, where that can be done without great inconvenience. (Rev. Stats. sec. 729.)

Note.-If a party goes to trial without asking for a trial within the county where the offense was committed, he waives all benefit under this section, as this section leaves the case to be determined by the discretion of the court upon consideration of inconvenience. (U. S. v. Cornell, 2 Mason, 91.) It is not necessary that the indictment should allege the county in which the offense was committed (U. S. v. Wilson, Bald. 78), and whether the crime must have been committed in some place within the exclusive jurisdiction of the United States, query? (U. S. v. Cornell, 2 Mason, 91.)

§ 78. Offenses on the high seas, etc., where triable. The trial of all offenses committed upon the high seas or elsewhere, out of the jurisdiction of any particular State or district, shall be in the district where the offender is found or into which he is first brought. (Rev. Stats. sec. 730.)

Note. This section relates only to crimes connected with maritime jurisdiction (U. S. v. Alberty, Hemp. 444); it does not contemplate that the government shall have the election in which of two districts to proceed to trial. (U. S. v. Bird, 1 Sprague, 299; and see U. S. v. Thompson, 1 Sum. 168.) An offender captured on the high seas may be tried in the district where he is first legally apprehended. (U. S. v. Arwo, 19 Wall. 486; U. S. v. Baker, 5 Blatchf. 6.) The court to which he is first brought is substituted for the place in which the crime was committed (Ex parte Bollman, 4 Cranch, 75); for though he come into one district yet he may be tried in another, if there first apprehended. (U. S. v. Thompson, 1 Sum. 168; U. S. v. Corrie, 23 Law Rep. 145.) If the vessel was bound for a port, and the offender is in custody in that port, it is evidence that he was apprehended in the district of that port. (U. S. v. Mingo, 2 Curt. 1; U. S. v. Magill, 4 Dall. 425.) It is not usual to give evidence that he was apprehended in the district in which he is tried. (U. S. v. Mingo, 2 Curt. 1.) In the absence of an act of Congress or State statute giving a right of action therefor, a suit in admiralty cannot be maintained in the courts of the United States to recover damages for the death of a human being on the high seas, or on waters navigable from the sea; which is caused by negligence. (The Harrisburg, 119 U. S. 199.)

§ 79. Offenses begun in one district and ended in another.- When any offense against the United States is begun in one judicial district and completed in another, it shall be deemed

to have been committed in either, and may be dealt with, inquired of, tried, determined, and punished in either district, in the same manner as if it had been actually and wholly committed therein. (Rev. Stats. sec. 731.)

Note. This section does not apply to a libel written in one district and published in another. (Ex parte Buell, 3 Dill. 116.)

§ 80. Suits for pecuniary penalties and forfeitures, where to be brought. All pecuniary penalties and forfeitures may be sued for and recovered either in the district where they accrue, or in the district where the offender is found. (Rev. Stats. sec. 732.)

Note -A suit to recover penalties under Act of Congress Feb. 26, 1885, is one of a penal and quasi-criminal nature; and jurisdiction of a circuit court over it is not, therefore, affected by Act of Aug. 13, 1888, sec. 1, although the matter in dispute does not exceed $2,000. (United States v. Whitcomb Metallic Bedstead Co., 45 Fed. Rep. 89.)

§ 81. Seizures, where cognizable.— Proceedings on seizures, for forfeiture under any law of the United States, made on the high seas, may be prosecuted in any district into which the property so seized is brought and proceedings instituted. Proceedings on such seizures made within any district shall be prosecuted in the district where the seizure is made, except in cases where it is otherwise provided. (Rev. Stats. sec. 734.)

Note. Where a seizure is made on the high seas, jurisdic ion attaches in the court of any district in which the property is brought. (The Marion, 9 Wheat. 391; The Abby, 1 Mason, 360; The Little Ann, 1 Paine, 40.) So

jurisdiction as to forfeitures is given where the seizure is made. (Keene v. U. S. 5 Cranch, 304; The Ann, 9 Cranch, 289; The Octavia, 1 Gall. 488; The Abby, 1 Mason, 360; The Reindeer, 2 Wall. 383; U. S. v. Barrels, Int. Rev. Rec. 114.) A district court has no jurisdiction in rem where the seizure was made in another district. (The Little Ann, 1 Paine, 40.)

§ 82.

Rule in various States.— AlaBAMA. That all offenses hereinafter committed in either divisions of the northern district, shall be cognizable and indictable within the division where committed. (23 U. S. Stats. 18.)

ARKANSAS. All crimes and offenses heretofore committed within said western district shall be prosecuted, tried, and determined in the same manner and with the same effect as if this act had not been passed. (24 U. S. Stats. 83.) All crimes and offenses heretofore committed within the division of the eastern district, created by this act, shall be prosecuted, tried, and determined in the same manner and with the same effect as if this act had not been passed. (24 U. S. Stats. 428.)

CALIFORNIA. That all crimes and offenses heretofore committed in the district of California shall be prosecuted, tried and determined in the same manner and with the same effect, to all intents and purposes, as if this act had not been passed. (Approved August 5, 1886; 24 U. S. Stats. 308.)

GEORGIA. All prosecutions for crimes or offenses hereafter committed in either of the subdi visions shall be cognizable within such division; and all prosecutions for crimes or offenses heretofore committed within either of said counties, taken as aforesaid from the northern district, or

committed in the southern district as hitherto constituted, shall be commenced and proceeded with as if this act had not been passed. (21 U. S. Stats. 63; 1 Sup. Rev. Stats. 508.)

ILLINOIS. That all crimes and offenses heretofore committed within the said district shall be prosecuted, tried and determined in the same manner and with the same effect as if this act had not been passed. (Approved March 2, 1887; 24 U. S. Stats. 442.)

Note. The crime of knowingly causing prohibited matter to be delivered by mail is not "committed" by deposit in the mails at New York for delivery in Illinois, until the delivery by mail is made at the latter place, and therefore the Federal court in Illinois has jurisdiction. (United States v. Horner, 44 Fed. Rep. 677.)

LOUISIANA. That all prosecutions for crimes or offenses hereafter committed in either of said districts, shall be cognizable within such district; and all prosecutions for crimes or offenses heretofore committed in the district of Louisiana shall be commenced and proceeded with as if this act had not been passed. (21 U. S. Stats. 507.) All prosecutions for crimes or offenses hereafter committed in either of the divisions shall be cognizable within such division; provided, that all crimes and offenses heretofore committed within the divisions created by this act shall be prosecuted, tried and determined in the same manner and with the same effect as if this act had not been passed. (25 U. S. Stats. 438.) MICHIGAN.

Any person charged with violating any of the penal or criminal statutes of the United States of which the said circuit or district courts of the western district have jurisdiction shall be