Page:Federal Reporter, 1st Series, Volume 7.djvu/673

 EX PABIB HOCaHTON. 661 �there for some purpose. It is not merely the provision of the judiciary act relating to the junsdiotion of the circuit courts hrought forward and placed here, as well aa in the chapter relating to those courts, to express the same thing again in another connection ; but it is a different thing. That provision made the jurisdictionof the circuit courts exclusive of all other courts, federal as well as state, except as other- wise provided. This applies to all the courts of the United States, and expressly excludes, and seems to be made ex- presslyto exclude, the jurisdictionof the courts of the states. 3oth provisions are necessaryto place the jurisdiction in these cases where it is reposed, among the federal courts, and exclude that of the state courts, and the latter -would be un- necessary if that of the state courts was not to be exeluded. ihe language of the section quoted from the title on ■"Crimes" does not save the jurisdiction of the courts of the «tates over the offences made punishable by that title, atS sec- tion 26 of the act of 1825 saved it overjoffences made punisha- ble by that act. It says nothing aboutoffeuces, ^s such, to ex- press or specify its application. There are mauy offences made punishable by that title — some of them euoh as never could be offences against the laws of any of the states; aDme,.such as the obstructing the executive officers in the performance of their duties, and the service of the pirocesses of the courts of the United States, where the same act might constitute one offence against the laws of the United States, and another different offence against, the laws of the states. This section of the title is general, and might be applicable to all these if taken in its broadest sense. It might be, or be claimed to be, that making any act punishable under the laws of con- gress would prevent the states from punishing a different offence involved in the same act. An assault upon a mar- ehal, to obstruct his service of process, would be punishable under this title for the obstruction, but not for the assault ; the assault might be punishable under the state laws, but not the obstruction. The title makes certain offences against the laws of the United States punishable. This section seems to mean that making them so punishable shall not ��� �