Page:Federal Reporter, 1st Series, Volume 5.djvu/56

 44 FEDEBAIj PEPOSTEB. - �' warrant of arrest, and did impose said sentence upon the said Davis to influence ànd obstruct him as a witness in said court of the United States, andwith the further intent to influence, obstruct, and impede the due administration of justice in the said court. �There is a motion to quash the indictment for want of ju- risdiction; a demurrer to the indictment based on the same ground of defenee; and a special plea in bar setting out that Kindred, in ail that he did, acted as a judicial ofScer, and claiming that if he acted only erroneously he is exempt from trial, because his act was judicial, and can only be reviewed by a state court of appellate jurisdiction ; and if he acted corruptly he is amenable only to the authorities and courts of Virginia, and is not amenable to trial and punishment by any court of the United States. To this plea there -is a d'emurrer by the Uûitëd StatôB. �li'is not pfetended, if ttiere were nO charge of wilfulmal- �feasance or corruption here, but only of erroneous action by the justice of the peace in his judicial capacity, that the court of the United States would have jurisdiction to review the erroneous judgmeiit committed in the discharge of a judicial funotion. Furtherrnorp, althpugh justices of the peace and ail judicial officers.are liable to indictment or arraignment in some maniier for eorrupt acts committed in the exercise of, their judicial funetions, yet it is not pretended that. a court of the United States may try an indictment brought for every such oorrupt judicial act against judicial officers of the state. The United States court has no such general power. But it is contended by the United States that if a law of congress, passed as necessary and proper for ■carrying into effect any constitutional provision, is corruptly violated by any person, even though he be a judicial oiScer of a state, such person is amenable to prosecution in a United States court for such offence. �The federal government, its ofQcers, and courts have cer- tain well- defined powers. The government may establish a post-ofiice System, do ail acts necessary to conducting it «fficiently, pass laws for punishing depredations upon the ����