Page:Federal Reporter, 1st Series, Volume 7.djvu/672

 660 FEDERAL EBPOETBR. �Mass. 50. The national bank acts were passed in 1863 and �1864, and provision was made for the punishment of eoun- �terfeiting their bills and passing the counterfeits, but there �was no reservation to the state in making these provisions. �Without such reservation, the states Kad no power left to them �to supplement the acts of congress by legislation covering �the same ground. Sturges v. Crowningshield, 4 Wheat, 122; �Prigg v. Pennsylvania, 16 Pet., 539. �The statute of Vermont, under which the relator was indicted �and is imprisoned, was passed in 1869. At that time, and �until th« adoption of the Revised Statutes of the United �States, June 22, 1874, there was nothing giving up to the �states the jurisdiction which congress h ad taken over this �offence, or any part of it. The Revised Statutes contain a �title of "Crimes," in which the provisions for punishing coun- �terfeited national bank bil}s are placed. It also has this �general provision : �"Section 5328. Nothing in this title shall be held to tt^ke away or .impair the jurisdiction of the courts of the several states, under the laws thereof." �The provisions of the judiciary act, relating to the crim- inal jurisdiction of the circuit court, are brought into section 629, twentieth, with the qualification of exclusive cognizance changed to "except where it is, or may be, otherwise provided by law." �If these provisions were all, it might be said that congress �had expressly withdrawn the jurisdiction before taken of �offences mentioned in the title of "Crimes, " so far as the states �might choose to exercise similar jurisdiction through their �courts. But chapter 12 of the title on "Judiciary," entitled �"Provisions common to more than one court or judge," was �placed in the Eevision and enacted as a part of the Revised �Statutes. It commences with section 711 : �"The jurisdiction vested in the courts of the United States, In the cases and proceedings hereinafter mentioned, shall be exclusive of the courts of the several states : First, of all crimes and offences cognizable under the authority of the United Btatea." �This provision was not in the statutes of the United States �anywhere before. It was framed ex industria, and placed ��� �