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But any two of the Judges constitute a Court of appellate, and any one a Court of original, jurisdiction..

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powers of Circuit Courts, in those cases only in which the United States are concerned.

396. The functions of the Judges of all the Courts of the United States are strictly and exclusively Judicial, except in cases where the Territorial Judges exercise Legislative Powers, They cannot, therefore, be called upon to advise the President in any Executive measures, or to give extra-judicial interpretations of the Law, or to act as Commissioners under an Act of Congress.

397. The Judges of the District and Territorial Courts, are required to reside within their respective jurisdictions; and no Judge of the United States can act as counsel, or be engaged in the practice of the Law.

398. The State Courts and Magistrates are in some cases invested by Congress with cognizance of cases, arising under the Laws of the United States...*

399. Congress, in the course of its legislation upon the objects entrusted to it by the Constitution, may indeed commit the decision of causes arising under a particular Law, solely, if deemed expedient, to the Courts of the United States; but in every case in which the State Courts are not expressly excluded, they may take cognizance of causes growing out of an Act of Congress.

400. Although Congress cannot confer jurisdiction on any Courts but such as exist under the Constitution and Laws of the United States; yet the State Courts may exercise jurisdiction in cases authorized by the Laws of the State, and not prohibited by the exclusive jurisdiction of the Federal Courts... .

401. Various duties have been imposed by Con

gress on State Courts and Magistrates, and they have been invested with jurisdiction in Civil suits, and in complaints and prosecutions for fines, penalties, and forfeitures, arising under the Laws of the United States. In Civil suits the State Courts entertain that jurisdiction ; but in penal and criminal cases, they have in several instances declined its exercise.

402. In what cases, and to what extent, they will exercise criminal jurisdiction under the Laws of the Union; and under what circumstances, and how far, the Judges of the State Courts have power to issue an Habeas Corpus, and decide on the validity of a commitment or detainer under the authority of the National Government, are questions which have been variously determined in the State Courts, and have never been definitely settled in the Supreme Court of the United States.

403. It seems, however, to be admitted, that Congress cannot compel a State Court to entertain jurisdiction in any case. It only permits State Courts which are competent to the purpose, and have an inherent jurisdiction adequate to the case, to entertain suits in given cases; and such State Courts do not thereby become “inferior Courts," in the sense of the Constitution, because they are not " ordained and established by Congress.”

404. The State Courts are in these cases left to consult their own duty in reference to their own State authority and organization; but if they do voluntarily entertain jurisdiction of causes cognizable under the authority of the United States, they do so on the condition that the appellate jurisdiction of the Union shall apply to them. .

405. Their jurisdiction of Federal causes must, nevertheless, be confined to Civil actions for civil demands, or to enforce penal statutes; for they cannot hold jurisdiction of offences exclusively against the United States, as every criminal prosecution must charge the offence to have been committed against the sovereign whose Court sits in judgment upon the offender, and whose Executive authority may pardon him.

406. In all cases where the jurisdiction of the State Courts is concurrent with that of the Federal Courts, the sentences of either, whether of acquittal or conviction, is a bar to a prosecution in the other jurisdiction for the same offence. .

PART SECOND.

ON THE NATURE, EXTENT, AND LIMITATION OF THE POW

ERS VESTED IN THE NATIONAL GOVERNMENT, AND THE RESTRAINTS IMPOSED ON THE STATES.

407. All the powers requisite to secure the objects of the Union are vested in the General Government; whilst all such powers as are not essential to those objects, are reserved to the State Governments or to the People.

408. In all other respects the sovereignty of the individual States remains unimpaired ; and the respective obligations of allegiance and protection, in reference to them are unaltered, except that, in all cases within the range of the Federal jurisdiction, the paramount obligations of allegiance and protection with respect to the General Government, necessarily

supersedes those which would otherwise have been reciprocally due to and from the several States.

409. From the nature of the case, the National and State Governments cannot be coequal : for two Governments, of entirely concurrent right and authority, cannot exist in the same society.

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