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Page:United States Reports, Volume 2.djvu/399

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Cracmr Covm', Penwlvaniu DifI;ri£t. ` 3930 fpecilic penalty was to be found in the treaty, would, therefore, rqg8. remain unpumihed. So, lilrewife, with refpeét to Ravam, al. •;4`; thou h he held the office of a Conful, he was indiéted and punihrcd at the common law. The offence charged in R#ub· lien v. Sbgfir, did ncl arife under the laws of the United State.-; but was impl the forgery of the names of private citizens, in order to defraud them of their rights; and even as far as the_ forgery might be fuppofed to deceive the public,_it was a deception in regard to a mere oflicial arrangement, for afcer·` taining transfers of donation claims, and not in regard to any aft direéled by law to be performed. But a further difiinélion prefents itfelf. The donations to the foldiers were founded upon refolutions, of the United State: in Congrefs, pafied long before the adoption of the prefent Confiirution. The Courts of the feveral States therefore held a jurifdiélion of the offence, which, without pofitive words or neceffary implication, was not to be divefled. The cafe did not come within the expreflions in the Confiitution, ¤¤ cafes arifing under the Conflitution and laws of the United S!nter," Ste. nor has been exprefsly provided for by any a€l: under the prefent Confiitution. The . ` criminal jurifditition of the Circuit Court, which, wherever it exifis, mufl: be exclufive of State jurifdiéiion, cannot, perhaps, fairly be held to operate retrofpeélively, by withdrawing from the State Judicatures powers they held, and duties they per- formed, previoufly to the Conflitution, from which the Circuit Court derived its birth. Cruss, jigiiee. Do you mean, Mr. Attorney, to fupport ‘ this indiftment folelylat common law ? If you do, I have no difficulty upon the f`ubje&: The indiélmeut cannot be main- tained in this Court. ` ` I Rawle, anfwering in the affirmative, Cause, jig/Pioe, {topped M. Levy, who was about to reply, in fupport of the motion in ` arrefl: of judgment; and delivered an opinion to the following effefl. Crust, ffuyliee. This is an indiétment for an offence high- ly injurious to morals, and deferving the feverefi punifhment; but, asit is an indictment at common law, I-difmifs, at once, · every thing that has been faid about the Confiitutiou and Laws . of the United State:. _ In this country, every man fuflains a two-fold political capa- city; one in relation to the State, and another in relation tothe United State:. In relation to the State, he ‘is fubjeéi to various municipal rpgulations, founded upon the State conftitution and policy, whi do not afléét him in his relation to°the United s?ate.•·_: For, the Conflitution ofthe Union, is the fourcc of all the jurifdiétion of the national government ; fo that the depart- ments of the government cagdnpvcr afumc any p0W¢f, that ii not