CH. XXXVIII.]
JUDICIARY—JURISDICTION.
621
§ 1748. It would be difficult, and perhaps not desirable, to lay down any general rules in relation to the cases, in which the judicial power of the courts of the United States is exclusive of the state courts, or in which it may be made so by congress, until they shall be settled by some positive adjudication of the Supreme Court. That there are some cases, in which that power is exclusive, cannot well be doubted; that there are others, in which it may be made so by congress, admits of as little doubt; and that in other cases it is concurrent in the state courts, at least until congress shall have passed some act excluding the concurrent jurisdiction, will scarcely be denied.
[1] It seems to be admitted, that the jurisdiction of the courts of the United States is, or at least may be, made exclusive in all cases arising: under the constitution, laws, and treaties of the United States;
[2] in all cases affecting ambassadors, other public ministers and consuls;
[3] in all cases (
in their character exclusive) of admiralty and maritime jurisdiction;
[4] in controversies, to which the United States shall be a party; in controversies between two or more states; in
- ↑ See Cohens v. Virginia, 6 Wheat. R. 396, 897; 2 Elliot's Deb. 380, 381. See 11 Wheat. R. 472, note; Rawle on Const. ch. 21; 1 Kent's Comm. Lect. 18, p. 370, &c. (2 edition, 395, &c.); 1 Tucker's Black. Comm. App. 181, 182, 183; Governor of Georgia v. Madrazo, 1 Peters's Sup. R. 128, 129, Per Johnson J.
- ↑ Cohens v. Virginia, 6 Wheat. R. 396, 397; Houston v. Moore, 5 Wheat. R. 25 to 28; id. 69, 71; Slocum v. Maybury, 2 Wheat. R. 1; Hoyt v. Gelston, 3 Wheat. R. 246, 311.
- ↑ The Federalist, No. 82; Martin v. Hunter, 1 Wheat. R. 336, 337.
- ↑ See 2 Elliot's Deb. 380; Cohens v. Virginia, 6 Wheat. R. 396, 397; Martin v. Hunter, 1 Wheat. R. 337, 373; Houston v. Moore, 5 Wheat. R. 49; United States v. Bevans, 3 Wheat. R. 387; ante, Vol. III, § 1665; Ogden v. Saunders, 12 Wheat. R. 278, Johnson J.; Janney v. Columbian Ins. Co., 10 Wheat. R. 418.
