United States v. Arjona

• Decision Date: 07 March 1887
• Citation: 120 U.S. 479,7 S.Ct. 628,30 L.Ed. 728
• Parties: UNITED STATES v. ARJONA
• Court: U.S. Supreme Court

120 U.S. 479

7 S.Ct. 628

30 L.Ed. 728

UNITED STATES v. ARJONA.

March 7, 1887.

Atty. Gen. Garland, for plaintiff.

Geo. W. Wingate, for defendant.

WAITE, C. J.

This is an indictment containing three counts against Ramon Arjona, for violations of sections 3 and 6 of the act of May 16, 1884, c. 52, (23 St. 22,) 'to prevent and punish the counterfeiting within the United States of notes, bonds, and other securities of foreign governments.' The first and second counts were found under section 6 of the statute, and the third under section 3.

The statute makes the following things criminal: (1) Section 1. Forging or counterfeiting within the Unie d States, with intent to defraud, 'any bond, certificate, obligation, or other security of any foreign government, issued or put forth under the authority of such foreign government, or any treasury note, bill, or promise to pay issued by such foreign government, and intended to circulate as money, either by law, order, or decree of such foreign government.' (2) Section 2. Knowingly, and with intent to defraud, uttering passing, or putting off in payment or negotiation, within the United States, any forged or counterfeit bonds, etc., such as are described in section

1. (3) Section 3. Falsely making, forging, or counterfeiting within the United States, with intent to defraud, or knowingly assisting therein, 'any bank note or bill issued by a bank or other corporation of any foreign country, and intended by the law or usage of such foreign country to circulate as money, such bank or corporation being authorized by the laws of such country.' (4) Section 4. Knowingly uttering, passing, putting off, or tendering in payment, within the United States, with intent to defraud, any such false or counterfeited bank note or bill as is mentioned in section 3, whether forged or counterfeited in the United States or not. (5) Section 5. Having in possession any forged or counterfeit instruments mentioned in the preceding sections, with intent to utter, pass, or put them off, or to deliver them to others, with the intent that they may be uttered or passed. (6) Section 6. Having in possession 'any plate, or any part thereof, from which has been printed or may be printed any counterfeit note, bond, obligation, or other security, in whole or in part, of any foreign government, bank, or corporation, except by lawful authority;' or using such plate, or knowingly permitting or suffering 'the same to be used, in counterfeiting such foreign obligations, or any part thereof;' or engraving, or causing or procuring to be engraved, or assisting 'in engraving, any plate in the likeness or similitude of any plate designed for the printing of the genuine issues of the obligations of any foreign government, bank, or corporation;' or printing, photographing, or in any other manner making, executing, or selling, or causing 'to be printed, photographed, made, executed, or sold,; or aiding 'in printing, photographing, making, executing, or selling any engraving, photograph, print, or impression in the likeness of any genuine note, bond, obligation, or other security, or any part thereof, of any foreign government, bank, or corporation;' or bringing 'into the United States * * * any counterfeit plate, engraving, pho- tograph, print, or other impressions of the notes, bonds, obligations, or other securities of any foreign government, bank, or corporation.'

The first count of the indictment charges Arjona with having 'in his control and custody a certain metallic plate from which there might then and there be printed in part a counterfeit note in the likeness and similitude in part of the notes theretofore issued by a foreign bank, to-wit, the bank known as El Banco del Estado de Bolivar, which said bank was then and there a bank authorized by the laws of a foreign state, to-wit, the state of Bolivar, said state being then and there one of the states of the United States of Columbia.' In the second count, he is charged with having caused and procured 'to be engraved a certain metallic plate in the likeness and similitude of a plate designed for the printing of the genuine issues of the obligations of a foreign bank, that is to say, of the bank-notes of the bank known as El Banco de Estado del Bolivar, the same being then and there a bank authorized by the laws of a foreign state, to-wit, the state of Bolivar, said state being then and there one of the states of the United States of Colombia.' In the third count, the charge is that he 'unlawfully, and with intent to defraud, did cause and rpocure to be falsely made a certain note in the similitude and resemblance of the notes theretofor issued by a bank of a foreign country, to-wit, the bank known as El Banco del Estado de Bolivar, the same being then and there a bank authorized by the laws of one of the states of the United States of Colombia, that is to say, the state of Bolivar, and the notes issued by the said bank being then and by the usage of the said state of Bolivar intended to circulate as money.'

To this indictment a demurrer was filed, and the judges holding the court have certified that at the hearing the following questions arose, upon which their opinions were opposed: (1) Whether the third section of the statute is constitutional; (2) whether the sixth section is constitutional, so far as it relates to 'foreign banks and corporations;' (3) whether the counterfeiting within the United States of the notes of a foreign bank or corporation can be constitutionally made by congress an offense against the law of nations; (4) whether the obligations of the law of nations, as referred to in the constitution of the United States, include the punishment of counterfeiting the notes of a foreign bank or corporation, or of having in possession a plate from which may be printed counterfeits of the notes of foreign banks or corporations, as mentioned in the third and sixth sections, 'unless it appear or is alleged in the indictment that the notes of said foreign bank or corporation are the notes or money of issue of a foreign government, prince, potentate, state, or power;' (5) whether, if there is power to 'so define the law of nations' as to include the offenses mentioned in the third and sixth sections, it is not necessary, in order 'to define' the offense, that it be declared in the statute itself 'to be an offense against the law of nations;' (6) whether the indictment is sufficient in law. The fourth of the questions thus stated embraces the fourth, fifth, sixth, seventh, and eighth of those certified, and the fifth embraces the ninth and tenth.

Congress has power to make all laws which shall be necessary and proper to carry into execution the powers vested by the constitution in the government of the United States, (article 1, § 8, cl. 18;) and the government of the United States has been vested exclusively with the power of representing the nation in all its intercourse with foreign countries. It alone can 'regulate commerce with foreign nations,' (article 1, § 8, cl. 3;) make treaties and appoint ambassadors and other public ministers and consuls, (article 2, § 2, cl. 2.) A state is expressly prohibited from entering into any 'treaty, alliance, or confederation.' Article 1, § 10, cl. 1. Thus all official intercourse between a state and foreign nations is prevented, and exclusive authority for that purpose given to the United States. The national government is in this way made responsible to foreign...