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Page:United States Reports, Volume 2.djvu/372

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366 Cases ruled and adjudged in the » rygti. lie property of the Frm-b Républie, and, therefore, not Habit VYV to feizure and forfeiture. But foon after the argument was opened on the merits, a doubt was intimated hy the Court, . whether the Circuit Court had jorifdidaion in this cafe? And the counfel were requelted, hz the lirit iuilance, todifeufs that point. . Laois, for the informant, contended, that the Diltriét Court: _ had not, and that this court had, jurifdi&ton.-He referred to the grb, tttb, 2 if and 22d ji·Hiam· of the judicial a&; and from comparing cfe eudeavoured to ellzahlilh his general poiii tion. He faid that the gtb does not give the jurifdiétion to the Diltriét Court ; for an information iu mn, is not within the fr;} elaufc of the fe8im, which gives cognizance of crimes and offences to that Court ; nor is it within the claufc creating an exclulire original cognizance of all civil cafes of admiralty and maritime juril`di&ion, for this is not a civil cafe of that de- fcription, but a proceeding to enforce a fbrfeiture for an offence; and it is ccrtainlyatot included in the claufeof feizures Under the laws of impolt, navigation, or trade. With refpefl to the claufe giving the Di{tri& Court, •‘ cxcluiiue original cognizancc of all feiznres on land, or other waters, Src. and of allfuits for penalties and forfeitures incurred under rlizlaws of the United £r¤n·r,” it mult, in order ro preferve oonliltene in the diferent parts of the law, be underllood to mean "exclulire of the State Courts, and not of the Circuit Court. Penalties of a fpccific fum recovered by civil fuits in pmpnam are here intended to be diitinguifhed, from proceedings in wm; and in the former, but- not in the latter, cafe, a jurifdiétion is given to the Diltriéi: Court. The accuracy of this conftruétiou may, likewife, be- · 1'irongly inferred confidering, that an appeal is given from the Diltriél: to the Circuit Court, in fuits in pnjmm, but not in- fuits in nm; and, therefore, if the oppolite doélrine prevailed, the Circuit Court would be onfted of all jurifdiétion, original, as well as appellate. If it ihould be faid, that this feizurc is of a vcil`el exceeding ten tons burthen, made on navigable waters, within the Diltrict, and that it is confequeutly embraced by the claufe which gives jurifdiftion to the lJilh·i& Court in the cafe of feizures; it is enough to anfwer, that the operation of that tlaufe is confined to leizures under laws of impoli, navigation, or trade. But the forfeiture is dillinét from the feizure; and where a penalty is given, as wc!] as a forfeiture incurred, for the breach of any law (which is the cafe in the prefent infiance, and is frequently the caf; in other inftances) a fuit for the pe- nalty may bc inititured in the Diliridt Court, and an informa- sion, to enforc-: the fnrfeiture,m:1y be filed in the Circuit Court. 'l`iien, the r1rl~jE·r7iw: of the judicial a& gives to the Circuit _ Court, “ ·::tclu(i·.·e cognizance of all crimes and oliizncrs, cogui— Qublc