Page:Federal Reporter, 1st Series, Volume 7.djvu/670

 $58 FBDEBAIi BEPOBTEB. �Under this. ; proviaion the limits of power between the United States and the several states are to be spught for iu that constitution and the laws of congress which have been made pursuan;!; to it. It provides, article 1, § 8: "The con- gress shall have pp^er * * * to coin money, regulate the value thereof, and of foreign coin; * * • to pro- vide for the punishment . of counterfeiting the securities and current coin of the United States." This provision extenda to passing counterfeited coin and securities, as well as to counterfeiting them. United States v. Marigold, 9 How. 570. It also provides, article 3, § 2, that "the judicial power shall extend to all cases in law and equity arising under this con- stitution, the laws of the United States, * * * and fifth amendment; * • * nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb." It is well established that congress may exclude the jurisdic- tion of the courts of the states from oflfences within the power of congress to punish. Houston v. Moore, 5 Wheat. 1; The Moses Taylor, 4 Wall. 411 ; Martin v. Hunter, 1 Wheat. 30e; Corn. y. Fuller, 8 Met. (Mass.) 313; 1 Kent, Com. 399. �National banks are organized under the laws of the United States; their bills are issued to them by the treasury de- partment of the United States, secured by bonds of the United States on deposit there, which fact is to be expressed on their face by the signatures of the treasurer and register, and the seal of the treasury of the United States. Eev. ,St. § 51Y2. They are securities of the United States which congress bas power to protect by punishing counterfeiting them, and the passing of counterfeits of them, and are so declared to be in the laws of the United States. Eev. St. § 5413. Whether the state court had jurisdiction over this offence or not depends upon whether congress bas excluded that jurisdiction or left it to those courts under the laws of the states. �The judioiary act of 1789 provided, section 11, — " That the circuit courts shall have * * * exclusive cognizance of all crimes and cflences cognizable under the authority of the TJnited States, «xcept where this act otherwise pro vides, or the laws of the United States shall othcrwise direct. * * *" 1 St. at Large, 78. ', ��� �