The Daily Cincinnati Republican, And Commercial Register

[From The ST. LOUIS Advocate.]

McGREW'S COUNTERFEIT COIN.

"The prosecution commenced by James Allen, editor of the Cincinnati Republican, by and with the advice of Wm. Burke, Moses Dawson, R. T. Lytle, and others, of the true glory men, against Mr. W. McGrew, for gilding six twenty-five cent pieces, was yesterday brought to a close. Mr. McGrew was honorably acquitted by the Mayor, on the ground that nothing had appeared in evidence showing any intention to pass the gilded coin for more than they were worth: and that on the contrary, Mr. McGrew had gone very far to prove the negative. It appeared in evidence, that the person prosecuting the suit was aware, some time previous, having been informed by one of the party, in the public street, of the intention to gild the quarters, and was to purchase one for twenty-five cents. It is generally admitted that the prosecution was commenced to further the election of certain candidates, and the character of the persons composing the meeting held at Mr. Lytle's is sufficient evidence of the fact. We are yet to meet with the first individual, Jackson or anti-Jackson, who avows a belief that Mr. McGrew or Mr. Manson, intended any thing more than to have a little sport. On Monday we expect to lay a full account of the proceedings before our readers." Cincinnati Daily Gaz.

We extract the above account of a prosecution for Counterfeiting the Gold Coin, from a violent opposition paper, as our readers will perceive, from the tenor of the remarks. The attempted justification of the Editor of the Gazette, that the counterfeiting was done as a mere matter of sport, is a poor apology for a wanton violation of the penal laws of the country. Who are to be punished, when such doctrines prevail? The object of the Laws on this subject, is to protect the innocent and unwary, from the frauds of the more ingenious; and it is rendered equally culpable, to execute the work, as to pass the money. And notwithstanding the perpetrator of this act has escaped the penalties of the Law—yet the very grounds alledged, are false doctrines, and unsustainable in any Court of Judicature. The Editor tells us there was no intention to pass, &c. proved, which constitutes the grounds of his escape. Now, what is the true legal doctrine in this country, on the subject of crime, and the evidence of intention. To make, clip, wash, or make instruments for coining, are all offences; and the intention is always inferred from the deliberation of the act. To require verbal proof of the intention, where the act was deliberately done, is a ridiculous principle, which has never met the sanction of any intelligent Court; and the Mayor is entitled to all the credit of his new doctrine. It is impossible to obtain direct proof of intention. (though it constitutes the gist of every crime,) in nine cases out of ten. The result of such a doctrine, would be a general jail delivery; and the penal laws of the country would become a mere mockery. Now, will any man, at all conversant with legal principles, say, that to gild silver coin, and make it in the similitude of gold coin, was not sufficiently deliberate, to authorize a Judicial tribunal, to infer a fraudulent intention? But even the intention to pass it was not necessary to constitute the crime." The bare operation of making money, in the likeness and similitude of the current coin, is sufficient; otherwise the country might be deluged with private manufacturers of false money, and the laws to protect the citizens from such depredations would be unavailable.

We have charity enough to believe that in the present case, it may have been a wanton act of sport; but this is not an available plea in a Court of Justice, and by what authority the Mayor received it, is a novelty to us. Had he consulted his private feelings alone, he may have concluded, that the offender had acquired sufficient glory to entitle him to his deliverance, by attempting to degrade the currency of his country. But as the representative of the dignity of the laws, no such plea should have been available. What is his Honor to do with the next counterfeiter arraigned before him, who will plead this decision, and require absolute proof. of an intention locked in his own breast? Can it be had? If not he must be discharged, upon this case; the one which public justice required to be rendered an example: and the public offence punished, while private sympathy should have washed out the turpitude of the act. He who becomes such a fanatic in a cause, as to commit wanton violations of the penal laws, should be punished; though all good men, would pity the delusion under which he acted.

How the Editors of Bank papers can justify this act, is unaccountable, even on partizan principles. Would they call it sport to counterfeit U. S. Bank paper? And what would they say of an Officer of Justice, who would permit the offender to escape, because there was no proof that he intended it for any thing but sport? We may differ honestly on minor points, but in supporting the supremacy of the laws, and protecting the dignity of the country, in all her sovereign attributes, there should be but one opinion.

The Gentlemen who arrested this career of crime, and nipped its very bud, deserve the lasting gratitude of their country; and we doubt not, will receive it in due time.

As these are days of sporting with crime, we will barely say to the public, avoid touching such stuff even in jest—for the laws of Missouri, make the bare possession of counterfeit money a criminal offence.