Page:Federal Reporter, 1st Series, Volume 4.djvu/221

 UNITEÇ JtTATES V. OOPPBRSMITH. 207 �fifth amendment to the constitutipn ; though it bas been judi- cially declared that under our system a felony is not an infamous crime in the sense of that amendment. U. S. v. Cross, supra, and the other autborities above cited. It would seem, tberefore, that it is ratber to the advantage tban the disadvantage of the oÔender to bave congress declare bis of- fence a felony. Be tbis as it may, the clause under consider- ation may operate, in otber tban capital cases, to giye the defendant 10 cbaUenges in the foUowing classes of cases: First, where the defence is declared by statute, expriessly or impliedly, to be a felony; second, where congress does not define an offence, but simply punisbes it by its common-law name, and at common law it is a felony; third, where con- gress adopts a state law as to an offence, and under sucb law it is a felony. �It only remains to be determined whetber the offence cbarged in tbis indictment cornes witbin eitber of tbese cate- gories. Making counterfeit coin was by the ancient common law treason, and subsequently a felony, wbile uttering or passing it was only a misdemeanor. Fox t. Ohio, 5 How. 410, 433; Tomlin's Dict. title "Coin;" 1 Hale's P. C. 210, 224; U. S. V. M'Carthy, 4 Crancb's C. C. 304; U. S. v. Shep. herd, 1 Hugbes, 621. The act of 1790 (1 St. 115) declares counterfeiting the public securities a felony, and punisbed it with deatb. The act of 1825 reduce d the punisbment to bard labor not exceeding 10 years. 4 St. 119. The act of 1806, the first to protect the coin, declared counterfeiting a felony punisbable by imprisonment at bard labor. 2 St. 404. The act of 1825 declared counterfeiting the coin a felony punisb- able with imprisonment at bard labor not exceeding 10 years. 4 St. 121. The act of 1873 declared counterfeiting treasury notes a felony, as did the acts of 1847 and 1861. 9 St. 120; 12 St. 123; 17 St. 434. Counterfeiting postage staraps was declared felony by the act? of 1851 and 1853. 9 St. 589; 10 St. 256. Counterfeiting tbree-eent pieces was by the act of 1865 made a misdemeanor. 13 St. 518. �Tbe Revised Statutes dro^ tbis classification, as does the act of 1877, and tbese offences are no lobger declared Mo* ����