In the ordinance passed in October, 1782, for regulating the post offices of the United States, (the power to establish and regulate post offices throughout the United States being vested in Congress by the articles of confederation,) Congress imposed penalties for official misdemeanors, which were made recoverable by action of debt in the name of the Post Master General, in the State where the offence was committed. But, generally speaking, they had no power to exact obedience or punish disobedience either by pecuniary mulcts or otherwise, but were dependent on the laws and tribunals of the several States; so that when laws became necessary to secure the interests of the Union, they were obliged to request the State Legislatures to pass them. Thus, for example, we find Congress in the year 1782, calling on the Legislatures of the States to pass laws, to empower commissioners appointed by Congress to settle the accounts of the military department, to call for witnesses and examine them on oath or affirmation, touching the accounts.* It was even necessary to pass a resolution to request them to enact laws, to enable the United States to recover from individuals debts due, and effects belonging to the United States.† And in July, 1784, we find the committee of States, (who sat during the recess of Congress,) complaining, that none of the State Legislatures had made the provision requested agreeably to their recom

* 4 Journ. Cong. 83, in 1778. 5 Journ. Cong. 296, in 1779. 7 Journ. Cong. 298, in 1782

+7 Journ. Cong. 298.

mendation, by which the interest of the United States had already suffered greatly, and requiring that it should be done without loss of time, and again earnestly recommending the adoption of measures to enable the United States to sue for and recover their debts and effects and property, and any damages they had sustained or might sustain.*

Hence it appears, that all cases of national or local import were decided by the State jurisdictions exclusively, except disputes between States, questions arising under grants of land by two or more States in certain cases, of prize on appeal, and piracies or felonies on the high seas. To these may be added suits against one of the States in the Courts of another, which the latter refused to take cognisance of on the general principle that a State was sovereign, and one sovereign could not be sued in the Courts of another. The State Courts exercised no jurisdiction in causes arising from a national impost or revenue; for none such existed prior to the present Constitution of the United States. State imposts existed, and the State tribunals entertained the causes arising out of them.‡

Under the confederation, no tribunal was vested with the appellate authority which before the re

9 Journ. Cong Com. of States, 29.

Nathans v. Commonwealth of Virginia. 1 Dall. 77.

See causes of this description reported 1 Dall. 62, 197. In Pennsylvania they were tried by jury.

volution was exercised by the King in council from the decisions of the Courts of the respective colonies.*

*The only judicial power analogous to this is, the appellate jurisdiction vested in the Supreme Court of the United States, under the present Constitution, from the highest State Courts, in cases arising under the Constitution, laws, or treaties.

Since the chief part of the above was printed, I have met with the form of a commission of Vice Ad miral from the crown to a Governor, which corresponds with that mentioned by Judge STORY in his note to De Lovio v. Boit. It is contained in "A View of the Constitution of the British Colonies in North America and the West Indies, at the time the civil war broke out on the continent of America," published at London in 1783, by Anthony Stokes, then late Chief Justice of Georgia. As it exhibits the extent of the jurisdiction claimed by the Vice-admiralty Courts before the revolution, I have thought a copy of it here would prove interesting.

COMMISSION OF VICE-ADMIRAL.

George the Third, &c.—Greeting :

WE confiding very much in your fidelity, care, and circumspection in this behalf, do, by these presents, which are to continue during our pleasure only, constitute and depute you the said A. B. Esq. our Captain General and Governor in Chief aforesaid, our Vice Admiral, Commissary and Deputy in the office of Vice Admiralty in our province of Faforesaid, and the territories depending thereon in America,

and in the maritime parts of the same and thereto adjoining whatsoever; with power of taking and receiving all and every the fees, profits, advantages, emoluments, commodities, and appurtenances whatsoever due, and belonging to the said office of Vice Admiral, Commissary, and Deputy in our province of F, and the territories depending thereon, and maritime parts of the same and adjoining to them whatsoever, according to the ordinances and statutes of our High Court of Admiralty in England.

And we do hereby remit and grant unto you the aforesaid A. B. our power and authority in and throughout our province of F aforementioned, and the territories depending thereon, and maritime parts whatsoever of the same and thereto adjacent, and also throughout all and every the sea shores, public streams, ports, fresh water rivers, creeks, and arms, as well of the sea as of the rivers and coasts whatsoever of our said province of F——, and the territories de, pending thereon, and maritime parts whatsoever of the same and thereto adjacent, as well within liberties and franchises as without; to take cognisance of, and proceed in, all civil and maritime causes, and in complaints, contracts, offences, or suspected offences, crimes, pleas, debts, exchanges, accounts, charter-parties, agreements, suits, trespasses, injuries, extortions, and demands, and business civil and maritime whatsoever, commenced or to be commenced between merchants, or between owners and proprietors of ships and other vessels, and merchants or others whomsoever, with such owners and proprietors of ships and all other vessels whatsoever, employed or used within the maritime jurisdiction of our Vice Admiralty of our said province of F—, and the territories depending thereon, or between any other persons whomsoever, had, made, begun, or contracted for any matter, thing, cause, or business whatsoever, done or to be done within our maritime jurisdiction aforesaid, together with all and singular their incidents, emergencies, dependencies, annexed or connexed causes whatsoever or howsoever, and such causes, complaints, contracts, and other the

premises above said, or any of them, which may happen to arise, be contracted, had or done, to hear and determine according to the rights, statutes, laws, ordinances, and customs anciently observed.

And moreover, in all and singular complaints, contracts, agreements, causes, and businesses civil and maritime, to be performed beyond the sea, or contracted there, howsoever arising or happening: and also in all and singular other causes and matters, which in any manner whatsoever touch or any way concern, or anciently have and do, or ought to belong unto the maritime jurisdiction of our aforesaid Vice Admiralty in our said province of F, and the territories depending thereon, and maritime parts thereof, and to the same adjoining whatsoever; and generally, in all and singular all other causes, suits, crimes, offences, excesses, injuries, complaints, misdemeanors, or suspected misdemeanors, trespasses, regrating, forestalling, and maritime businesses whatsoever, throughout the places aforesaid, within the maritime jurisdiction of our Vice Admiralty of our province of Faforesaid, and the territories depending thereon by sea or water, on the banks or shores of the same howsoever done, committed, perpetrated, or happening.

And also to inquire by the oaths of honest and lawful men of our said province of F, and the territories depending thereon, and maritime parts of the same and adjoining to them whatsoever, dwelling both within liberties and franchises and without, as well of all and singular such matters and things, which of right, and by the statutes, laws, ordinances, and the customs anciently observed were wont and ought to be inquired after, as of wreck of the sea, and of all and singular the goods and chattels of whatsoever traitors, pirates, manslayers, and felons howsoever offending within the maritime jurisdiction of our Vice Admiralty of our province of Faforementioned, and the territories depending thereon, and of the goods, chattels, and debts of all and singular their maintainers, accessaries, councillors, abettors, or assistants whomsoever.