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Crimes Act of 1825


The Crimes Act of 1825 (also known as the Federal Criminal Code of 1825), formally titled An Act more effectually to provide for the punishment of certain crimes against the United States, and for other purposes, was the first piece of omnibus federal criminal legislation since the Crimes Act of 1790. In general, the 1825 act provided more punishment than the 1790 act. The maximum authorized sentence of imprisonment was increased from 7 to 10 years; the maximum fine from $5,000 to $10,000. But, the punishments of stripes and pillory were not provided for.

Drafted by Justice Joseph Story, and sponsored by Representative Daniel Webster of Massachusetts, the statute defined a series of new federal crimes applicable in areas under exclusive federal jurisdiction—the District of Columbia, federal territories, and federal enclaves—as well as felonies on the high seas and under federal admiralty and maritime jurisdiction.

The Crimes Act of 1825 was "drawn along the same lines" as the Crimes Act of 1790, but "more comprehensive.” Justice Joseph Story was an advocate for expanded federal jurisdiction, and in particular argued that the Judiciary Act of 1789 authorized the federal courts to define and punish common law offenses. Although the common law crimes approach was rejected by the Supreme Court, "[w]hat Story was not able to do as a Justice he remedied through his friendship with Webster, then Chairman of the House Judiciary Committee." Other statutes drafted by Story include the Bankruptcy Act of 1841 and the Admiralty Jurisdiction Act of 1845.

Story began drafting a crimes act in 1816. Story drafted the act with the assistance of Representative Daniel Webster of Massachusetts, a frequent Supreme Court advocate. A contemporary manuscript by Story remarks that "few, very few, of the practical crimes . . . are now punishable by statutes, and if the court have no general common law jurisdiction . . . they are wholly dispunishable." Story continued:


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