Barrett v. United States
Encyclopedia
Barrett v. United States, 169 U.S. 218 (1898), was a case in which the Supreme Court of the United States
held that South Carolina
had never effectively been subdivided into separate judicial districts
. Therefore, it was held, a criminal defendant allegedly tried in one district for a crime committed in the other had in fact been permissibly been tried in a separate division of a single district.
, Charles P. Barrett, was one of a group of men in Spartanburg, South Carolina
, alleged to have been involved in a conspiracy
to defraud companies selling items by mail order
. Barrett, apparently an attorney, arranged to have post office
s established in rural areas with the name of each post office being the name of another defendant (e.g. Owens, McElrath, Wyatt). Companies sending mail to those individuals would thereby be led to think that the individuals were proprietors of the respective post offices. Barrett also created a letterhead
on which to send orders for goods, in order to further induce the trust of the companies from which orders were placed, and his co-conspirators ordered goods including encyclopedia
s, a piano
, an organ
, a desk
, and a safe
, none of which were ever paid for. The fraud was far reaching, as the trial court reported that parties coming to testify that they had been defrauded:
Barrett and his co-conspirators were charged with conspiracy to defraud, and the trial was held in the United States circuit court
in Columbia, South Carolina
, before judge William H. Brawley
. Several of Barrett's co-conspirators pled guilty, and Barrett was convicted.
states that "in all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law".
The United States District Court for the District of South Carolina
was one of the original 13 courts established by the Judiciary Act of 1789
, 1 Stat. 73, on September 24, 1789. Congress
had, in various pieces of legislation, subdivided South Carolina into Eastern and Western jurisdictions, and set forth the times when the circuit court of each jurisdiction would sit. The most recent rewording of these, adopted June 22, 1874, included a provision that:
The same act, however, provided that there would be a single district court judge
, a single clerk of the court, a single United States Attorney
, and a single United States Marshal
appointed for the entire state of South Carolina. Barrett's claim was that the state constituted two districts, and that because the crime was alleged to have been committed in Spartanburg, in the western district, his trial in Columbus had not been held before a jury
of the "district wherein the crime shall have been committed".
Melville Fuller
, held that Congress had never intended to divide South Carolina into separate judicial districts. The language adopted in 1874 had not been enacted by Congress, but was merely a rewording of a previous statute which had been enacted in 1823. The 1823 statute was referenced in the margin of the 1874 act, and had stated: "The district of South Carolina is divided into two divisions, which will be called the eastern and western divisions of the district of South Carolina". The Supreme Court found that "Congress... seems to have construed the act of 1823, not as dividing the State into two judicial districts, as indicated in the title of the act, but into two districts in the sense of geographical divisions, which is in harmony with the language used in the body of the act".
Finding that the state of South Carolina constituted a single judicial district, the Court found it unnecessary to further examine the jurisdiction of the circuit court. Rather, it determined that Barrett was tried and convicted in the district in which the crime had been committed, and that the jury had likewise been empaneled from that district.
was prosecuted in another, the territorial court having been arranged in divisions.
Congress made a more explicit effort to subdivide the District of South Carolina on March 3, 1911, by 36 Stat. 1087, 1123. South Carolina was again subdivided into Eastern and the Western Districts, with one judgeship authorized to serve both districts, effective January 1, 1912. Congress finally authorized an additional judgeship for the Western District, and assigned the sitting judge exclusively to the Eastern District, on March 3, 1915, by 38 Stat. 961. However, on October 7, 1965, by 79 Stat. 951, South Carolina was reorganized as a single judicial district with four judgeships authorized for the district court. It has since remained a single District.
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
held that South Carolina
South Carolina
South Carolina is a state in the Deep South of the United States that borders Georgia to the south, North Carolina to the north, and the Atlantic Ocean to the east. Originally part of the Province of Carolina, the Province of South Carolina was one of the 13 colonies that declared independence...
had never effectively been subdivided into separate judicial districts
United States district court
The United States district courts are the general trial courts of the United States federal court system. Both civil and criminal cases are filed in the district court, which is a court of law, equity, and admiralty. There is a United States bankruptcy court associated with each United States...
. Therefore, it was held, a criminal defendant allegedly tried in one district for a crime committed in the other had in fact been permissibly been tried in a separate division of a single district.
Facts of the case
The defendantDefendant
A defendant or defender is any party who is required to answer the complaint of a plaintiff or pursuer in a civil lawsuit before a court, or any party who has been formally charged or accused of violating a criminal statute...
, Charles P. Barrett, was one of a group of men in Spartanburg, South Carolina
Spartanburg, South Carolina
thgSpartanburg is the largest city in and the county seat of Spartanburg County, South Carolina, United States. It is the second-largest city of the three primary cities in the Upstate region of South Carolina, and is located northwest of Columbia, west of Charlotte, and about northeast of...
, alleged to have been involved in a conspiracy
Conspiracy (crime)
In the criminal law, a conspiracy is an agreement between two or more persons to break the law at some time in the future, and, in some cases, with at least one overt act in furtherance of that agreement...
to defraud companies selling items by mail order
Mail order
Mail order is a term which describes the buying of goods or services by mail delivery. The buyer places an order for the desired products with the merchant through some remote method such as through a telephone call or web site. Then, the products are delivered to the customer...
. Barrett, apparently an attorney, arranged to have post office
Post office
A post office is a facility forming part of a postal system for the posting, receipt, sorting, handling, transmission or delivery of mail.Post offices offer mail-related services such as post office boxes, postage and packaging supplies...
s established in rural areas with the name of each post office being the name of another defendant (e.g. Owens, McElrath, Wyatt). Companies sending mail to those individuals would thereby be led to think that the individuals were proprietors of the respective post offices. Barrett also created a letterhead
Letterhead
A letterhead is the heading at the top of a sheet of letter paper . That heading usually consists of a name and an address, and a logo or corporate design, and sometimes a background pattern...
on which to send orders for goods, in order to further induce the trust of the companies from which orders were placed, and his co-conspirators ordered goods including encyclopedia
Encyclopedia
An encyclopedia is a type of reference work, a compendium holding a summary of information from either all branches of knowledge or a particular branch of knowledge....
s, a piano
Piano
The piano is a musical instrument played by means of a keyboard. It is one of the most popular instruments in the world. Widely used in classical and jazz music for solo performances, ensemble use, chamber music and accompaniment, the piano is also very popular as an aid to composing and rehearsal...
, an organ
Organ (music)
The organ , is a keyboard instrument of one or more divisions, each played with its own keyboard operated either with the hands or with the feet. The organ is a relatively old musical instrument in the Western musical tradition, dating from the time of Ctesibius of Alexandria who is credited with...
, a desk
Desk
A desk is a furniture form and a class of table often used in a work or office setting for reading or writing on or using a computer. Desks often have one or more drawers to store office supplies and papers. Unlike a regular table, usually only one side of a desk is suitable to sit on . Not all...
, and a safe
Safe
A safe is a secure lockable box used for securing valuable objects against theft or damage. A safe is usually a hollow cuboid or cylinder, with one face removable or hinged to form a door. The body and door may be cast from metal or formed out of plastic through blow molding...
, none of which were ever paid for. The fraud was far reaching, as the trial court reported that parties coming to testify that they had been defrauded:
Barrett and his co-conspirators were charged with conspiracy to defraud, and the trial was held in the United States circuit court
United States circuit court
The United States circuit courts were the original intermediate level courts of the United States federal court system. They were established by the Judiciary Act of 1789. They had trial court jurisdiction over civil suits of diversity jurisdiction and major federal crimes. They also had appellate...
in Columbia, South Carolina
Columbia, South Carolina
Columbia is the state capital and largest city in the U.S. state of South Carolina. The population was 129,272 according to the 2010 census. Columbia is the county seat of Richland County, but a portion of the city extends into neighboring Lexington County. The city is the center of a metropolitan...
, before judge William H. Brawley
William H. Brawley
William Huggins Brawley was a U.S. Representative from South Carolina and later a United States federal judge...
. Several of Barrett's co-conspirators pled guilty, and Barrett was convicted.
Issue of the case
Barrett appealed, asserting that the trial was unconstitutional. The Sixth Amendment to the United States ConstitutionSixth Amendment to the United States Constitution
The Sixth Amendment to the United States Constitution is the part of the United States Bill of Rights which sets forth rights related to criminal prosecutions...
states that "in all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law".
The United States District Court for the District of South Carolina
United States District Court for the District of South Carolina
The United States District Court for the District of South Carolina is the federal district court whose jurisdiction is the state of South Carolina...
was one of the original 13 courts established by the Judiciary Act of 1789
Judiciary Act of 1789
The United States Judiciary Act of 1789 was a landmark statute adopted on September 24, 1789 in the first session of the First United States Congress establishing the U.S. federal judiciary...
, 1 Stat. 73, on September 24, 1789. Congress
United States Congress
The United States Congress is the bicameral legislature of the federal government of the United States, consisting of the Senate and the House of Representatives. The Congress meets in the United States Capitol in Washington, D.C....
had, in various pieces of legislation, subdivided South Carolina into Eastern and Western jurisdictions, and set forth the times when the circuit court of each jurisdiction would sit. The most recent rewording of these, adopted June 22, 1874, included a provision that:
The same act, however, provided that there would be a single district court judge
United States federal judge
In the United States, the title of federal judge usually means a judge appointed by the President of the United States and confirmed by the United States Senate in accordance with Article II of the United States Constitution....
, a single clerk of the court, a single United States Attorney
United States Attorney
United States Attorneys represent the United States federal government in United States district court and United States court of appeals. There are 93 U.S. Attorneys stationed throughout the United States, Puerto Rico, the U.S. Virgin Islands, Guam, and the Northern Mariana Islands...
, and a single United States Marshal
United States Marshals Service
The United States Marshals Service is a United States federal law enforcement agency within the United States Department of Justice . The office of U.S. Marshal is the oldest federal law enforcement office in the United States; it was created by the Judiciary Act of 1789...
appointed for the entire state of South Carolina. Barrett's claim was that the state constituted two districts, and that because the crime was alleged to have been committed in Spartanburg, in the western district, his trial in Columbus had not been held before a jury
Jury
A jury is a sworn body of people convened to render an impartial verdict officially submitted to them by a court, or to set a penalty or judgment. Modern juries tend to be found in courts to ascertain the guilt, or lack thereof, in a crime. In Anglophone jurisdictions, the verdict may be guilty,...
of the "district wherein the crime shall have been committed".
Opinion of the Court
The Supreme Court, in a unanimous opinion written by Chief JusticeChief Justice of the United States
The Chief Justice of the United States is the head of the United States federal court system and the chief judge of the Supreme Court of the United States. The Chief Justice is one of nine Supreme Court justices; the other eight are the Associate Justices of the Supreme Court of the United States...
Melville Fuller
Melville Fuller
Melville Weston Fuller was the eighth Chief Justice of the United States between 1888 and 1910.-Early life and education:...
, held that Congress had never intended to divide South Carolina into separate judicial districts. The language adopted in 1874 had not been enacted by Congress, but was merely a rewording of a previous statute which had been enacted in 1823. The 1823 statute was referenced in the margin of the 1874 act, and had stated: "The district of South Carolina is divided into two divisions, which will be called the eastern and western divisions of the district of South Carolina". The Supreme Court found that "Congress... seems to have construed the act of 1823, not as dividing the State into two judicial districts, as indicated in the title of the act, but into two districts in the sense of geographical divisions, which is in harmony with the language used in the body of the act".
Finding that the state of South Carolina constituted a single judicial district, the Court found it unnecessary to further examine the jurisdiction of the circuit court. Rather, it determined that Barrett was tried and convicted in the district in which the crime had been committed, and that the jury had likewise been empaneled from that district.
Later developments
The case itself, standing for a particularly narrow proposition, was only cited in a handful of later decisions by other courts, and only once by the United States Supreme Court for the proposition decided in the case. That decision, Matheson v. United States, similarly held that no constitutional error occurred when a criminal defendant accused of a crime in one part of AlaskaAlaska
Alaska is the largest state in the United States by area. It is situated in the northwest extremity of the North American continent, with Canada to the east, the Arctic Ocean to the north, and the Pacific Ocean to the west and south, with Russia further west across the Bering Strait...
was prosecuted in another, the territorial court having been arranged in divisions.
Congress made a more explicit effort to subdivide the District of South Carolina on March 3, 1911, by 36 Stat. 1087, 1123. South Carolina was again subdivided into Eastern and the Western Districts, with one judgeship authorized to serve both districts, effective January 1, 1912. Congress finally authorized an additional judgeship for the Western District, and assigned the sitting judge exclusively to the Eastern District, on March 3, 1915, by 38 Stat. 961. However, on October 7, 1965, by 79 Stat. 951, South Carolina was reorganized as a single judicial district with four judgeships authorized for the district court. It has since remained a single District.