...in New York, it was contended that the injunction of the 34th section of the Judiciary Act of 1789, that "the laws of the several States, except where the Constitution, treaties, or statute, otherwise provide or require, shall be regarded as rules of decision in trials at Common Law...

...jurisdiction of the naval court3 Wheaton, 212. 10 Ibid. 159, SP Act 24th September, 1789, c. 20. sec. 84. laws of the several states, except where the constitution, treaties or statutes of the Union otherwise required, should be regarded as rules of decision in trials at common law in the courts...

...section of the aforesaid act, entitled " An act to establish the Judicial Courts of the United States," that the laws of the several States, except where the Constitution, treaties, or statutes of the United States, shal otherwise require or provide, shall be regarded as the rules of decision in trials...

...another State — between citizens of different States, and foreign States, citizens or subjects. It was enacted that the laws of the several States, except where the Constitution, treaties, or statutes ot the United States shall otherwise require, shall be regarded as the rules of decision in trials...

...that now under consideration. That act does, indeed, provide: "that ' the laws of the several Slates, except where the ' Constitution, treaties, or statutes of the United ' States shall otherwise provide, shall be regarded ' as rules of decision in trials at common law, in ' the courts of the United...

...which that practice has prevailed. 751 APPENDIX. Trial of Aaron Bnrr. The words of that section are : " That the laws of the several States, except where the Constitution, treaties. o> statutes of the United States shall otherwise require or provide, shall be regarded as rules of...

...jurisdiction must arise in some of the States, they declared by the act Sept. 24, 1789, c. 20, $ 34, " That the laws of the several States, except where...treaties, or statutes of the United States shall otherwise provide, shall be regarded as rules of decision in trials at common law in the courts of the United...

...can only remark, that as to the common law, — the 34th section of the Judiciary Act having provided that the laws of the several states, except where the Constitution, treaties, or statutes of the United States otherwise require or provide, shall be regarded as rules of decision in trials at common...

...founded on paramount necessity, and proclaimed by a military chief. In the case of Captain McKcnzie, laws of the several states, except where the constitution, treaties or statutes of the Union otherwise required, should be regarded as rules of decision in trialt at common law in the courts...

...application of the provision of the act of Congress of September 24, 1789, ch. 20, sec. 34, which enacts that the laws of the several States, except where the Constitution, treaties, or laws of the United States, shall otherwise require or provide, shall be regarded as rules of decision...