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powers of Circuit Courts, in those cases only in which The United Stales 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 Terrilorial 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 reserence to their own State authority and organization; but if they do voJuntarily 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
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.
410. Superiority was therefore conferred on the General Government, as the Government of the whole nation, over the State Governments, or the Governments of its several parts. .
411. The Constitution, in the name of the whole People, accordingly declares its own supremacy, and that of the Laws made in pursuance thereto, and of Treaties made under the authority of the United States, over the Constitutions and Laws of the several States.
412. The Powers conferred on the National Government may be reduced to different classes, as they relate to the following different objects, viz :
1st. Security from foreign danger. · 2d. Intercourse with foreign nations.
3d. Maintenance of harmony amongst the States. 4th. Certain miscellaneous objects of general
utility. . .. 5th. Restrictions on the powers of the States ;
:and, 6th. Provisions for giving efficacy to the Powers
vested in the Government of the United States.
OF THE POWERS VESTED IN THE GENERAL GOVERNMENT,
RELATIVE TO SECURITY FROM FOREIGN DANGER.
413. As security from foreign danger is one of the primary objects of civil society, so it was an avowed and essential purpose of the union of the States ; and the powers requisite to attaining it were effectually confided to the National Government, and consist 1. Of the Powers of declaring War, and grant
ing letters of marque and reprisal.. 2. Of making rules, concerning captures by land
and water. 3. Of providing armies and fleets; and of re
gulating and calling forth the militia ; and, 4. Of the Powers of levying taxes, and of bor
rowing money. 414. The right of self-defence is derived from the Law of Nature ; and it is the indispensable duty of civil society to protect its members in the enjoyment of their rights, both of person and property.
415. It is in virtue of this fundamental principle of every social compact, that an injury done or threatened to the perfect rights of a Nation, or of any of its members, and susceptible of no other redress, is deemed by all approved writers upon public Law, to afford just cause of war. .
416. But as the eyils of war are certain, whilst its results are doubtful, both wisdom and humanity require that every possible precaution should be used, and every necessary preparation made, before a Nation engages in it.