TABLE OF CONTENTS.

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not treason, but may be visited with Death or such other Penalties
as may be prescribed by Congress. The Law of Nations requires
every Government to use Diligence to prevent Acts that are of a na-
ture to injure other Nations with which it is at peace. Counterfeit-
ing the Money or Securities of a Foreign Country, or manufacturing
Spurious Notes or Coin with an Intent to circulate them abroad is an
Offence within this Principle. - Piracy is Robbery or other act done
feloniously on the High Seas, contrary to International Law.

LECTURE LIII.

PAGES 1141-1166.

Criminal Jurisdiction of the United States over the District of Columbia
and such other places as are ceded by the States or acquired by Treaty.
-It is exclusive of the States and so far National that while the
Offence must be committed within the Place, the Culprit may be
arrested wherever he is found.-The Acquisition of Land within a
State under the right of Eminent Domain does not confer Jurisdiction
on the United States unless sanctioned by the State Legislature. — A
State may reserve its Jurisdiction while ceding the Land, and when
such is the case punish a Murder committed in a Fort belonging to
the United States, although both Parties are in the Military Service
of the Federal Government. Congress have the Police Power in the
Territories which is withheld in the States, and may enact any Law
that is not forbidden by the Constitution. - The Violation of any
necessary and proper Law passed by Congress may be visited with
such Penalties as they choose to inflict. - An act which is injurious to
a State and to the United States may be punished by both. — Congress
cannot punish the Infraction of a State Law except by adopting it as
their own, nor of any Law which is not within the Scope of the Powers
conferred by the Constitution. - An Indictment involving a Federal
question may be removed from a State to a Federal Court, and the
accused liberated if unconstitutionally detained. — The Supreme Court
has no general Authority to revise the Judgments of the Circuit
Courts in Criminal Cases; but may give relief by a Habeas Corpus
where the proceeding is without Jurisdiction or Unconstitutional.

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LECTURE LIV.

PAGES 1167-1188.

Distribution of Jurisdiction among the Federal Courts. - The Original
Jurisdiction of the Supreme Court is confined to Cases affecting Am-
bassadors, other Public Ministers, and Consuls, and those in which a

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State will be a Party. The grant of Original Jurisdiction in such
Cases does not preclude the Exercise of Appellate Jurisdiction in the
same Cases. It is not Exclusive of the Inferior Courts. The Federal
Laws may be administered by the State Courts, and the State Laws
by the Federal Courts. - Demands arising in one Sovereignty may
be Enforced by the Tribunals of another, and an Assignee in Bank-
ruptcy may proceed in a State Court. Aliens may be Naturalized
by the State Courts, which may also, if Congress so provide, deter-
mine the Compensation due for the Exercise of Eminent Domain by
Congress.

LECTURE LV.

PAGES 1189-1208.

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A Trespass committed by a Federal Officer is a Violation of the State

Laws, and not of the Laws of the United States, although he may be

acting Officially, and under Color of a Judicial Writ or an Act of Con-

gress. An Action will lie in a State Court against the Marshal for

arresting A under a Writ against B, or levying on his Goods; and so

of the Seizure of a Vessel by a Collector of the Customs under an Ille-

gal Order from the President. Things or Persons held, though ille-

gally, for the Government cannot be taken out of the Hands of its

Officers by a Replevin, or Habeas Corpus, from a State Court, unless

the Authority relied on is a Pretence, or used as a Cover for a Private

Wrong. The Marshal cannot levy on Goods attached by Sheriff. —

If the Court has Jurisdiction of the Cause and the Parties, the Judg-

ment cannot be set aside because the Suit or Prosecution is founded

on an Unconstitutional Statute.

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LECTURE LVI.

PAGES 1209-1231.

Persons held ministerially by a Federal officer under an unconstitutional
Command or Statute of the United States might formerly be liberated
by a Habeas Corpus from a State Tribunal. It is now a conclusive
Answer to such a Writ that the Petitioner is "Confined under the
Authority or Claim or Color of the Authority of the United States by
an officer of that Government." The return to the Habeas Corpus
must nevertheless set forth enough to show distinctly that the Impris-
onment is under the Authority of the United States and to exclude
the idea of Imposition or Oppression. - A State Court cannot restrain
an officer of the United States in the Performance of a Duty imposed
by Congress, whether the act be or be not Constitutional. Although
a Habeas Corpus or Replevin may not be issued by a State Court for

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xxxi

Things or Persons wrongfully taken or held for the United States, the
officer may be made Personally Answerable in Trover or Trespass.
Distinction between proceedings in rem, which are a Justification against
all the World, and a Foreign Attachment, or Fieri facias, which only
binds the Defendant's Interest in the Goods. The Sheriff or Marshal
will not ordinarily be enjoined from selling the Goods of one man under a
Writ against another, and the Remedy is an Action against him or the
Purchaser. A State Court cannot enjoin Proceedings in the Federal
Courts, and the Federal Courts are forbidden to issue an Injunction to
the State Courts. —A State cannot punish an offence against the Laws
of the United States. A false Oath in a State Court in the Adminis-
tration of a Law of the United States may be Punished by the State.
- Acts which are prejudicial to a State and the United States may be
Punished by both Governments. A Penal Law of the United States
may be adopted by a State, and will then be Indictable in its Courts.

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LECTURE LVII.

PAGES 1232-1271.

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Congress Authorized to Coin Money and regulate the Value thereof. — A
Promise to pay Ten Silver Dollars Numerical, and may be fulfilled by
the tender of an Eagle, or of any Coins that will together make up the
Sum. Payment to be made in whatever Money is Lawful when the
Time arrives. - Contracts to pay a given Number of Dollars distin-
guished from Contracts for the Delivery of Bullion or Specific Coins.
Bank-notes issued with the Sanction of the Government, Money
in the ordinary acceptation of the Term. - One Metal may be Substi-
tuted for another, or the Intrinsic Value of the Coin lessened rela-
tively to Past Contracts as well as Future. Is Printing Coining?
and can Paper be Used instead of Metal? The Debates in the Fed-
eral Convention not a Sure Guide in the Interpretation of the Consti-
tution. The power to Borrow carries with it an Implied Right to
issue Bills of Credit, but not to render them a Legal Tender or to exact
Forced Loans. Can Paper Money be made a Legal Tender under the
Right to declare War or the Right to Tax?. The Power to Regulate
Commerce relates directly to the Means by which Trade is prosecuted,
and includes the Currency not less than Telegraphy or Navigation. —
The Power to Coin Money is enabling, and does not preclude a recourse
to other Means. The Framers of the Constitution unwilling to Sanc-
tion or Prohibit Paper Money. - The Implied Powers are as much
a part of the Expressed Powers as if they were conferred in Terms.
-Congress or a State Legislature may, in the exercise of their Powers,
incidentally impair Property or Contracts.

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LECTURE LVIII.

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PAGES 1272–1287.

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The Legal Tender Acts approved by the Secretary of the Treasury
and passed by Congress. So much of this Legislation as consisted
in issuing United States Notes, and suppressing the Notes of the
State Banks, sustained by the Supreme Court; but rendering Paper
Dollars a Legal Tender held Unconstitutional by a Majority of the
Judges. Reasons for this Decision as assigned by the Chief-Justice.
The words Necessary and Proper, like the Tenth Amendment, are
at once Admonitory and Directory. An implied Power must be ap-
propriate, and consistent with the Spirit of the Constitution. — In his
opinion, the Legal Tender Acts not only impaired the Obligation of
Contracts, but operated as a Deprivation without due Process of Law. —
The Answer to this view is, that Contracts for the payment of Money
are presumed to be made in Subordination to the Power of Congress
over the Currency, and with notice that it may be exercised.

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LECTURE LIX.

PAGES 1288-1310.

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The Legal Tender Acts reconsidered, and their Validity affirmed by a di-
vided Court. The Constitution should be liberally construed in view
of its object, which is Government. It speaks in General Terms,
and enumerates without defining. How the Power to make all
necessary and proper Laws should be Interpreted. — The necessity
need not be Absolute, and all means which are plainly adapted to the
end, and consistent with the Letter and Spirit of the Constitution are
Valid. The right to issue Bills of Credit in the form of Greenbacks
recognized by the Minority as well as the Majority of the Court; and
making them a Legal Tender is a necessary and proper means of giv.
ing them Currency. A Judgment of the Supreme Court is not
necessarily conclusive of the Principle. - Powers resulting from their
relation to the Objects of the enumerated Powers. The Right to
Govern Territory acquired by Treaty or Conquest falls under this
Head. The Power to declare Paper Money a Legal Tender may be
exercised during Peace. "Supreme," as applied to the Powers of
the United States, synonymous with "Sovereign."

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ARTICLES OF CONFEDERATION

1311

CONSTITUTION OF THE UNITED STATES OF AMERICA
AMENDMENTS TO THE CONSTITUTION

1320

1333

INDEX

1339