Page:United States Reports, Volume 2.djvu/375

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Crac mr Cooar, Pemgglwnia Dillriél. 36; tent members of the very {'ame {'eétion, that the Dillrift Court r796. {hall have, •* exclulively of the Courts of the {'everal S¤te.s,” W`! cognizance of all crimes and ofences, committedupon the high {'eas, kc. and of {`uits Confuls orVice Comula. But, if the conllnrétion, which I have {lated, is concé}, no contradic- tion exills, to call for any {trained eapolition of the law. The jurifdiélion given to the Circuit Court, whether eacluiive, or concurrent, will be {`upporred by applying it to profecutions againft delinquents for crimes and otfences; and the exclulive jurifdiélion to the Dillriél: Court will he prefervcd by al- lotting to it all {`uirs for penalties and forfeitures under the aw: of the United State:. `Whether, therefore, this is a {`uit for a for- , fciture, appears, upon the whole, to be the only real objtél of cnquiry. We tlrinlt that it is a {`uit of that denomination; and, confequently, cannot take cognizance of it. `But the fubjeél is entitled to the moft {`olemn conlideration, aud' the molt authoritative judgment. We ihall be lrapp , therefore, to a{E{l: in putting it upon any proper footing, to oli- tain the opinion of the Supreme Court. ln the meantime, Br was Count :·—Let the information be di{ini£ed.* !Le·¤fsdo¤bted whether aVYritofError-would liefor not of _ parties, as the French Republic had refufod to Gle a claim to the vellelg ‘ and, ln ('aid,that be ina prepared to contend, that the {`uggdllnn Sled ex by the Attorney of the DiRri&,ought to be di{'rni{l'ed. The next day, he mentioned, tbatprefumioé the detmon agaiall the jnrifq diction of the Circuit Court, was, in e ect, a recognition of the juril`· ` diction of the Diltrict Court, he liould refort to that tribunal, with· out giving this Court (whohad deferred prooouncing theirdecilion, in ado- that he might coaiiderthe utter) myfarth•rtr•ubls._ Ass Agn?