Rassmussen v. United States

Citations

• 197 U.S. 516
• 25 S. Ct. 514
• 49 L. Ed. 862
• 1905 U.S. LEXIS 1165
• 2 Alaska Fed. 365

Syllabus

<p>The treaty with Russia concerning Alaska, instead of exhibiting, as did the treaty with Spain respecting the Philippine 'Islands, the determination to resérve the question of the status of the acquired territory for ulterior action by Congress, manifested a contrary intention to admit the inhabitants of the ceded territory to the enjoyment of citizenship, and expressed the purpose to incorporate the territory into the United States.</p> <p>Under the treaty with Russia ceding Alaska and the subsequent legislation of Congress, Alaska has been incorporated into the United States and the Constitution is applicable to that Territory, and under the Fifth and Sixth Amendments Congress cannot deprive one there accused of a misdemeanor of trial by a common law jury, and that § 171 of the Alaska Code, 31 Stat. 358, in so far as it provides ■ that in trials for misdemeanors six persons shall constitute a legal jury, is’ unconstitutional and void.</p>