Cmcorr Coorsr, Pm;/yan}. Billie!. jtj Della, (who had declined fpealting on the fafts before the l798. Yury) now moved in arrelt of judgment, alledging that the VVV Grcnit Court could not take cognizance of the crime charged in the indictment. He premifed, that, independent of the general qneltion of jurifdiétion, the indiétment was exception. able, in as much as it recited the aft of Congrefs, making it the duty of the Secretary of the 'freafury to form the cor:tra€ta contemplated, but did not {late the authority for derolring that duty on the Commiilioner of the Revenue; and, confequently, it could not be inferred, that the corrupt-olfer was made to - fednce the Commillioner, from the faithful execution of an zfeial pullk lrrgf, which was the gilt of the proticcution. But, e contended, that the force of the objection to the jnrifdic- tion, fuperfeded the neteility of attending to matters of tech- . nical form and preciliorr, in prefenting the accufation. It will be admitted, that all the judicial authority of the Federal Courts, mult be derived, either from the Conliitution of the United States, or from thc A&s of Congrefs made in pur? fuance of that Conllitution. It is, therefore, incumbent upon the Profccutor to lhew, that an offer to bribe the Commillioner of the Revenue, is a violation of Iome Conititntional, or Le- `llative, prohibition. The Conliitution contains expr:} pruni- Fsm in certain cafes, which are dclignated by a definition of the crimes; by a reference to the eharaéters of the parties of- fending; or by the exclulive jurifdiéiion of the place where the olfences were perpetrated: but the crime of attempting to bribe, the charafter of a Federal ofliccr, and the place, where the prefent odenee was committed, do not form any part of the Coq/lihdimal expryi pr•v_i/`mu, for the exercife of judicial autho- rity in the Courts of the Union. The judicial power, how- ever, extends, not only to all cafes, in law and equity, ariling under the Conltitution ; but, likewiie, to all fuch as {hall arife under the laws of the United States, (Art. 3. and be- lidea the authority, fpecially veiled in Congrefa, to pafs laws for enumerated purpofes, there is a general authority given “ to make all laws which {hall be necetiiiry and proper for car- rying into execution all the powers vefted by the Conltitution in the government of the United States, or in any department · or oflice thereof." (Art. t. $:8. 8.) Whenever, then, Con- grefs think any provilion neceifary to cli`c£l:uate the Conllitutio- nal power of the government, they may ellablifh it by law; and whenever it is fo eliabliihed, a violation of its fanéiions will come within the jurifdiftion of this Court, under the 1 ub S¢·¢7i;n of the ]udicial A€t,whieh declares,that the Circuit Court “ {hall have exclulive cognizanee of all crimes and ollicnccs cognizable under the authority of the United States, 8:c." r. Val. Squj/E': Edit. p. gg. Thus, Congrefs have provided by law, for the puniihmeut
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