Page:Federal Reporter, 1st Series, Volume 8.djvu/911

BX PAETE HOUGHTON. 89T �Ex Parte Hooghton. �(District 0<mrt, D. Vermont. June 14, 1881.) �1. Cmminai, Law — PASsma Countebfbitbd National Bank Notes wita Knowledge— Statb Courts— Fedbbal Coubts— Jueisdiction. �A atate court has no jurisdiction over the ofCence of passing counterfeited national bank notes with knowledge of their counterfeit cbaracter. Theref ore, ■where one hasbeen convicted of that oflence by a state court, andsentenced to imprisonment, he will be discharged on motion in Aabeaa corpus proceedings taken in this court. �Habeas corpus proceeding to release the relator, Houghton, who •was convicted and sentenced by a state court to imprisonment upon an indictment for passing a counterfeit national bank note. The opinion states the case. �Wm. G. ShaWflox relator. �Wheeleb, D. J. This is a motion by the relator for a discharge on habeas corpus from imprisonment in a prison of the state, under sentence of a court of the state for passing counterfeited national bank bills, on the ground that the state court had no jurisdiction over this offenoe, and that the imprisonment is contrary to the con- stitution and laws of the United States. �The constitution of the United States provides : �"Article 6. This constitution, and the laws of the United States which sliall be made in pursuance thereof, * * * shall be the supreme law of the land, and the judges in every state shall be bound thereby, anything in the constitution or laws of any state to the contrary notwithstanding." �Under this provision the limits of power between the United States and the several states are to be sought for in that constitution, and the laws of eongress which have been made pursuant to it. It pro- vides, (article 1, § 8 :) "The eongress shall have power * * * to coin money, regulate the value thereof, and offoreign coin; * * * to provide for the puniahment of counterfeiting the securities and current coin of the United States." This provision extends to pass- ing counterfeited coin and securities, as well as counterfeiting them. U. S. V. Marigold, 9 How. 570. It also provides (article 3, § 2) that "the judicial power shall extendto all cases in law and equity arising underthiseonstitution, the laws of the United States, * • * and fifth amendment; nor shall any person be subject for the same oflfence to be twice put in jeopardy of life or limb." It is well established that eongress may exclude the jurisdiction of the courts of the states from ofifences within the power of congress'to punish. v.8,no.l2— 57 ��� �