Page:Federal Reporter, 1st Series, Volume 7.djvu/674

 662 FEDERAL ItEPOBTBB. �prevent the siates from taking' hold of any offences which 'iaay be involved that are contrary to the state laws, and not oognizable under the United States laws, and punishing them. And, taken in connection with the section making the juris- diotion of the United States courts over offences cognizable under the authority of the United States wholly exclusive of the state courts, it must mean this. Such construction leaves all the sections standing operative, while the other would leave the one declaring the jurisdiction exclusive inoperative. The section on "Crimes" is later than the other in the order of the statutes, and might be said to be controlling for that rea- son ; but that ground of inference is expressly removed by the statutes themselves, which provide that no inference or presumption of a legislative construction is to be drawn by reason of the title under which any partieular section is placed. Section 5600. �The act of passing these counterfeited bills, made punish- able under the statute of the state upon which the relator was indieted, might, and often would, concur with others to constitute a cheat which would be punishable bylaws of the state of long standing against obtaining money or goods by privy or false tokens. Gen. St. Vt. 67J, § 23. �It was upon this ground, that the passing the counter- feited national bank bill was a mere private cheat under the laws of Virginia, that the conviction was uptield by the majority of the court in Jett v. Virginia, 18 Gratt. 933, (7 Am. Law Eeg. 260,) cited at this hearing. �The indictment against the relator does charge him with passing a counterfeited national bank bill, knowing the same to be false, with intent to def raud one Margaret McDaniels, which is, in terms, a somewhat different offence from that made punishable by the laws of the United States, which consista merely in passing such counterfeited bill, knowing it to be counterfeited. Eev. St. § 5415. The indictment ap- pears to have been drawn according to the statute in force before the act of 1869, which made an intent to defraud an ingredient of the offence, but did not in exact language apply to national banks. Gen. St. Vt. 678, § 3. But this ��� �