AMERICAN LAW THERE is in fact, properly speaking, no general law of There is in fact, properly speaking, no general law of the United States of America, except the federal constitu tion, and the statutes enacted by congress in pursuance of it. Of course it extends only to such subjects, persons and places as are within the purview of federal legislation.
The legislative powers of congress, vested in them by the constitution of the United States, are expressly defined by that instrument, which limits, at the same time that it de clares, the authority of the various branches of the federal government. These powers may be divided into three classes, or heads : 1. As they respect place or locality.
2. As they respect or affect 3. As to their subject matter.
I. Of local jurisdiction.—By the sixteenth paragraph of the eighth section of the first article of the constitution, it is provided, " That congress shall have power to exercise " exclusive legislation in all cases whatsoever, over such 66 district, (not exceeding ten miles square,) as may by 66 cession of particular states, and the acceptance of con " gress, become the seat of government of the United 66 States, and to exercise like authority over all places put. " chased by the consent of the legislature, in which the " same shall be, for the erection of forts, magazines, i6 arsenals, dock-yards, and other lawful buildings." By virtue of this express grant, the congress have, and exercise exclusive legislation in all cases whatsoever over the district of Columbia, where the seat of government is now established ; and which has been duly ceded to the United States, by the states of Virginia and Maryland, of which it formerly was a part ; and over the various spots of which they have purchased in like manner. of dif :, ferent states, for the sites of forts, arsenals, and other simi- lar establishments ; yet, although they have the power so to do, they have not yet established a general code of laws for those places in which they have the sole right of lation ; they have as yet gone no farther than to define certain offences, and fix their punishment by statute ; in other cases, the laws of the states, from which the several districts were severed, have hitherto been suffered to vail. It is understood that a code of civil laws for the
trict of Columbia has been ordered to be prcpaied ; this, however, will, probably, be local in its nature, and will not extend to the other places over which thefederal government has exclusive jurisdiction.
In the territories not yet erected into states, the congress also possess the right of general legislation ; but do not exercise it by themselves ; they have hitherto delegated it to the local and temporary governments which they have established over those territories.
Although the power of legislation on the high seas (ex clusively of the separate states,) is not expressly granted to congress by any article of the constitution, (except in cases of piracy and felony) ; yet, it appears to flow naturally from the general tenor and object of that instrument, and may be even deduced from a fair construction of several of its parts. Congress, therefore, has found no difficulty in passing laws for the regulation of seamen in the merchants' service, which extend even to the forms of their contracts made at land. On the same principle, many are of opinion that the federal legislature has a right to regulate by law, all maritime contracts ; such as insurance, bottomry, freight, and the like. Even shipwreck, the English statutes of Richard 11. notwithstanding, appears fairly to be within the federal maritime and commercial jurisdiction.
il. Of personal jurisdiction. There appears to be also vested in congress an exclusive right of legislation in cases concerning or affecting certain descriptions of persons. In cases affecting foreign ambassadors and other public minis ters and consuls, they have hitherto exercised this power with the general approbation, although it is not expressly granted to them, but is fairly deduced from their right to make war and peace, to negotiate treaties, and of course to maintain the nation in peace and harmony with foreign go vernments, and from the exclusive power vested in'the fe detal tribunals to hear and decide on cases of this descrip tion.