Samuel Freeman Miller

“ The great increase in the use of printing for all forms of instruments, such as deeds, bonds, tickets, tokens for the payment of goods, etc., have seemed to demand that where, either by the common law or by statute, such instruments are required to be in writing, the term 'writing' should be held to include printing as well as script. ”

“ In support of this view it may be noted that the term corresponding to the word 'forgery' which is used in the Spanish draft of the treaty is 'la falsification.' It certainly does not appear from this that the Mexican authorities intended to be bound in the treaty by any very restricted use of the word 'forgery,' when the question concerned an offense of that character committed in Mexico. It is for an offense against Mexican law that the prisoner is held to answer. ”

“ The former government cannot be supposed to have had that common law exclusively in mind as governing the true construction of a treaty concluded between itself and this country, neither of which owes any allegiance to England. Another circumstance in connection with this matter is that this court has frequently decided that there are no common-law crimes of the United States. In very few of the states were there common-law crimes remaining as subjects of punishment at the time when this treaty was made. ”

“ It is difficult to perceive how the question as to whether the forgery was committed by printing, or by stamping, or with an engraved plate, or by writing with a pen, can change the nature of the crime charged. Mr. Bishop, in the second volume of his work on Criminal Law, discusses this subject with his usual philosophical acumen. He says: 'Sec. 525. Looking at the writing as a representation addressed to the eye, reason teaches us that, whether it is made with the pen, with a brush, with printers' type and ink, with any other instrument, or by any other device whatever ”

“ I do not see why an engraved or printed instrument, or an engraved or printed name, affixed to an instrument by a person is not his act, and may not purport to be the act of another.' The same principle is reaffirmed by the supreme court of Massachusetts in the case of Wheeler v. Lynde, 1 Allen, 402. We are of opinion that the decision of Commissioner Lyman, committing the prisoner to the custody of the marshal to await the requisition of the Mexican government, was justified, and the judgment of the circuit court dismissing the writ of habeas corpus is accordingly affirmed. ”

“ It is therefore contended that these tickets are not forgeries; but the fraudulent intent with which they were issued, the actual loss and deception to the parties who bought them, and the injury to Mr. ”