| U.S. Circuit Court for the District of Texas | Jun 15, 1882
The ground upon which the jurisdiction of the stale court is denied is that the offense charged was an offense cog-
“Hothing in this act contained shall be construed to deprive the courts of the individual states of jurisdiction of the laws of the several states over offenses made punishable by this act. ”
This section is still in force, and 'appears, in substance, as section 5328 of the United States Revised Statutes. Conceding what is un-, questionably well settled, that congress may exclude the jurisdiction of the courts of the states from offenses within the power of congress to punish,—Houston v. Moore, 5 Wheat. 1" court="SCOTUS" date_filed="1820-02-16" href="https://app.midpage.ai/document/houston-v-moore-85283?utm_source=webapp" opinion_id="85283">5 Wheat. 1; The Moses Taylor, 4 Wall. 411" court="SCOTUS" date_filed="1867-02-18" href="https://app.midpage.ai/document/the-moses-taylor-87784?utm_source=webapp" opinion_id="87784">4 Wall. 411; Martin v. Hunter, 1 Wheat. 304" court="SCOTUS" date_filed="1816-03-20" href="https://app.midpage.ai/document/martin-v-hunters-lessee-85160?utm_source=webapp" opinion_id="85160">1 Wheat. 304; Com. v. Fuller, 8 Metc. (Mass.) 313,—it appears, in respect to the offense of which the petitioner stands convicted, not only that congress has not excluded, but on the contrary has expressly reserved and recognized, the jurisdiction of the state courts. The district court of Grayson county had therefore jurisdiction to tiy and sentence the petitioner .for the offense with which he was charged, and whereof he was convicted, and his imprisonment under such sentence is lawful. The petition for the writ of habeas corpus must therefore be denied.