All Questions Of Admiralty Law And Maritime
Jurisdiction, And Cases Affecting Ambassadors Or Consuls, Are There
Tried.
Matters relating to the post-office, to the customs, the
collection of national taxes, to patents, to the army and navy, and
to the mint, are tried in the national courts.
The theory is, that
the national tribunals shall expound and administer the national
laws and treaties, protect national offices and national rights; and
that foreigners and citizens of other States shall not be required
to submit to the decisions of the State tribunals; in fact, that
national tribunals shall take cognizance of all matters as to which
the general government of the nation is responsible. In most of
such cases the national tribunals have exclusive jurisdiction. In
others it is optional with the plaintiff to select his tribunal. It
is then optional with the defendant, if brought into a State court,
to remain there or to remove his cause into the national tribunal.
The principle is, that either at the beginning, or ultimately, such
questions shall or may be decided by the national tribunals. If in
any suit properly cognizable in a State court the decision should
turn on a clause in the Constitution, or on a law of the United
States, or on the act of a national offense, or on the validity of a
national act, an appeal lies to the Supreme Court of the United
States and to its officers. The object has been to give to the
national tribunals of the nation full cognizance of its own laws,
treaties, and congressional acts.
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