Page:Federal Reporter, 1st Series, Volume 8.djvu/915

EX PARTE HODGHTON, 901 �may be involved that are contrary to the state laws, and not cogniza- ble under the United States laws, and punishing them. And, taken in connection with the section making the jurisdiction of the United States courts over offences cognizable under the authority of the United States wholly exclusive of the state courts, it must mean this. Such construction leaves ^11 the sections standing operative, while the other would leave the one declaring the jurisdiction exclu- sive inoperative. The section on "Crimes" is later than the other in the order of the statutes, and might be said to be controlling for that reason; but that ground of inference is expressly removed by the statutes themselves, which provide that no inference or pre- sumption of a legislative construction is to be drawn by reason of the title under which any particular section is placed. Section 5600. �The act of passing these counterfeited bills, made punishable under the statute of the state under which the relator was indicted, might, and often would, concur with others to constitute a eheat which would be punishable by laws of the state of long standing against obtaining money or goods by privy or false tokens. Gen. St. Vt. 671, § 23. �It was upon this ground, that the passing the counterfeited national bank bill was a mere private cheat under the laws of Virginia, that the conviction was upheld by the majority of the court in JeWv. Virginia, 18 Gratt. 933, (Am. Law Eeg. 260,) cited at this hearing. �The indictment against the relator does not charge, him with pass- ing a counterfeited national bank bill, knowing the same to be false, with intent todefraudoneMargaretMcDaniels, which is, in terms, a somewhat different offence from that made punishable by the laws 6f the United States, which consists merely in passing such counter- feited bill, knowing it to be counterfeited. Eev. St. § 5415. The indictment appears to have been drawn according to the statute in force before the act of 1869, which made an intention to defraud an ingredient of the offence, but did, in exact ianguage, apply to th^ national banks. Gen. St. Vt. 678, § 3. But this section of the Gen- eral Statutes was expressly superseded by the act of 1869, and the element of an intent to defraud was left out, so that the offence made punishable by the laws of Vermont was the passing such counterfeit bill, knowing it to be counterfeited, — precisely the same offence made punishable by the laws of the United States. The material allega- tions of an indictment are those which set forth the charges which are contrary to the law and make up the offence, and not those which charge things not contrary to the law, however morally wrong they ��� �