14
ELONIS v. UNITED STATES
THOMAS, J., dissenting
guilty; but that if they thought he did not know the con
tents, or that the words might import any thing less than
to kill or murder, they ought to acquit,” id., at 143, 168
Eng. Rep., at 173. On appeal following conviction, the
judges “thought that the case had been properly left to the
Jury.” Ibid., 168 Eng. Rep., at 174. Other cases likewise
appeared to consider only the import of the letter’s lan
guage, not the intent of its sender. See, e.g., Rex v. Boucher, 4 Car. & P. 562, 563, 172 Eng. Rep. 826, 827 (K. B.
1831) (concluding that an indictment was sufficient be
cause “th[e] letter very plainly conveys a threat to kill and
murder” and “[n]o one who received it could have any
doubt as to what the writer meant to threaten”); see also 2
E. East, A Treatise of the Pleas of the Crown 1116 (1806)
(discussing Jepson and Springett’s Case, in which the
judges disagreed over whether “the letter must be under
stood as . . . importing a threat” and whether that was “a
necessary construction”).
Unsurprisingly, these early English cases were well
known in the legal world of the 19th century United
States. For instance, Nathan Dane’s A General Abridge
ment of American Law—“a necessary adjunct to the li
brary of every American lawyer of distinction,” 1 C. War
ren, History of the Harvard Law School and of Early Legal
Conditions in America 414 (1908)—discussed the English
threat statute and summarized decisions such as Girdwood. 7 N. Dane, A General Abridgement of American
Law 31–32 (1824). And as this Court long ago recognized,
“It is doubtless true . . . that where English statutes . . .
have been adopted into our own legislation; the known and
settled construction of those statutes by courts of law, has
been considered as silently incorporated into the acts, or
has been received with all the weight of authority.” Pennock v. Dialogue, 2 Pet. 1, 18 (1829); see also, e.g., Commonwealth v. Burdick, 2 Pa. 163, 164 (1846) (considering
English cases persuasive authority in interpreting similar
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