Page:Federal Reporter, 1st Series, Volume 7.djvu/206

 194 F|!CE^AL^CJ!pBT|Cp. . �" When any peraon indicted for any oflence against Liie United States, whether capital or otherwisc^tipon his ai^aignment stands mute, or re- fuses to answer theretoj it-snall be iij&^e\&y Bf ihe court to enter the plea of not guilty on his behalf, in the same manner as if he had pleaded net guilty thereto. And* wh'en the'pafty'^pletids n6t guilty ,'oV such plea is entered as aforesaid, the cause shall be deemed at issue, and shall, with- out further fonn or ceremony, be tried by a jury." �This section is based'ott 'the 'act bi April 30, 1790, § 30, (1 St. at Large, 119,) the act of March 3, 1825, § 14, (4 St.' ai j|^^,il^,fa;nd: tiiup'i^cVo^^,^rch'^3,;:l§35,f:§"4, (id:'777.) The act of 1790. relatea(tOrannadictment for itreason, or one for any offence made capitale by that act, andrauthorized the ooti^ to ptheeed' to the ffial of the persoii standing nsitfte, as if 'he hail pieaded not guilty. "rheact oif'ISO'S felateii to an indictment for any offence not capital, and gave a like au- thority, The act.icf ,183,5irelat:ed. to, ap •ipdictmejit: fc» any offence, and was in the tenms of section 1032>(rf the Revised Statutes. The wora ''^inforffi'afioii'*' is 'lipt fonnd in any of the statutes. �, Il ip ..poptended. for the defendant rthat j;he coiirt had no jurisdiction to try; him, beeause ha was tried on an informa- tion atid stood rbnte, and the eonrt had'no power either to enter a plea of not guilty for him, or to proceed to hiS trial as^jf, hehad plea)de<^ not, guilty.. It is cont^nded thflj^ this statute alone ean be looked tc( as the source of authority ; that by ineiitioning an indict;^ept it e^cluded an info^flaa- tion; that the word "indictflient" eannot ,be construed tp include "information;" and that the, case is one of a cams omusus, so that no person -who chposcs toi refuse to plead to a cciminal, information can bp-tried uppn it. Provisions of stiatute are referred to whicb^,i|iention,an information as well as ap ;indietment in the same enaotment, and from this it is argued that, as ,an indictmept is men,tioned in the present .instance, and, not, an information eo nomine, the pase of a per^ pQIi standing, .mute on an inforn^3.t.ion is not proyided for. �By subdivision 20 of set^tioii,,629 of the Eevis^ Statutes, cognizance.of all, cripaes and offenjce.s cognizable under ^he authopty of theiTInited States is givcn to the circuit courts. The offence in the present case is one which can be prose^ ��� �