Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1831-02-01
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JIDIi'IARy SySIrN

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JUDICIARY SYSTEM
Mr.. Davis of South Carolina, rem the Committee OF
the Judicary.,o which the subject had been referred
made the following report:
The Committee the Judiciary TO which was rcfefret
resolution instructng that committee to inquire in
TO the cxpediency OF repeating modifying the
twentyhith section OF act, entitled "An
tablsh the Judicial Courts of the United States "
passed on the 1th September, 1889, report
That the committee, profoundly impressed with the
importance of the matter referred their consdera-
ton, have bestowed upon ii that delber ton it so emf.
nently required and the investigation has resulted in
solemn conviction that the twenty fifth section of an
of Congress- entitled " An act 10 establish the Ju-
dcia courts of the United Stacs passed on the I4b
September, 1850, is unconstitutional, and ought 10 be
repealed.
The that have induced this opinion the com
mittee will present for the consideration Of the
House.
with Great Britain, and the articles of confederation
all announce the world that the States Of the confedera
cy free, sovereign, and Independent States and
that they had right to make tr9 aties, form alliances
and TO do any other acts that any independent sove-
regnty could do In the character of sovereign States
the old confederation and the present federal govern
ment alike formed and established. The defects
of the old confederate which rendered necessary the
existing federal government, its inability to CO.
cree State TO contribute its quota OF supplies the ge
neral treasury, and its want Of adequate power TO man
age, conduct, and control our al and foreign
relations.
Itwasp,rcsved in he COM, niion tina, framed the
constitution, that fedora, Judiciary indisp.psa-
bly, Necessary az coordinate departm If the con-
templated gNv.rnment; aud the convcn,or accoriirg
ly, by the following clauses OF that nsrum-tt
such department., and invested il with powers here
10 specified.
ARTICLE Ill
SEC. 1. The judicial porer of the Uuitsd Sta.es
shah be vested in Supreme Court, aud such her
interior courts as Congress may from time to time
dam and establish. The Judges both Of the surname
and inferior shall hod heir oceS during good
bhGUior, and shall al stated lines, receive for Ineir
services compensation, which shall not be diminish
ed during their continuance in office.
Sec. 2. The judicial power shall extend 20 all
eases arising under this constitution, The laws of the
United States, and treaties made, which shall be
made under their auIhotiiy; 10 al! affecting am
bassacors, Other public minister, and consuls, ali
cases oil admiralty AMI maritime jurisdiction; 20 con-
trover.cs to which the United s. ates shaI be mar W
TO controversies bstwt two more Sntss be-
tween ate aud the citizens OF he - STATE; he
tween ciz=ns OF different Sat- b,tween ei liens OF
The same Slatt, claiming lands under grants Of Trent
Sa'e; and beweena State, or the citizens thereof and
foreign States, citizens, or sutj~c
In all cases affecting saIbAs ador', other public
ministers, and consuls, and those in which Stat. ,ha
be party ihe Supreme Court shall have o. isnaI in
risdiction In all other heior meni3ned he
Supreme Court shall have arp ate Jurisdiction, to h
sto law and ctwih such rxce ptons, aud under such
regulations, as the Congress shall NIKE"
AMENDMENT ARTICLE XII
The jude al power # the United Sites shs no,
DC construct extend 10 any suit flaw equity.
memo or prosecuted against one Of the Umi'ei ates
by citizens OF another STATE, by e liens or SUI cts
OF any foreign ate"
The twenty fifth section of the act 10 establish the
judicial courts OF tae Unied ates, Is in these words
a" SEcTIoS XIV.
hnal judgment d in any suit I'm IN q
highest court Of Law equity of State in which de
cision in suit could be had where jrawn in questi n
the validity OF treaty. statute Of, auihriy,x.
eTcsed under the United aiet and the dscjsion 1, A.
gans the invsIid,y; or where il Drawn i'm question
the validity OF statute of, an authority exercised
under the United SIlsss and the decision i. against
their validity; or where is drawn in question The va.
ldiiy OF statute 81, hoTity exercised under
any STAT, on the groutd Of their being repugnant
70 the contribution treaties, or laws OF the United
Sales, end the decision IL IN favor Of such their va d
y; where 10 drawn in ques the construction of
auy clause OF the constitutions or of tceay or sta,ue
OF, or commission held under, the United States and
the de cision is agains, the tide ig privilege or
emPiion, especially set up tlained 10y either party
under such clause OF the said cons uop treaty siS-
tute, commission, may he re-examined and revers
ed, or affirmed ia the Supreme Court OF the United
States, upon writ OF error, the citation beirg signed
by the chief justice OF judge chancellor The court
rendering pacing the Judgment, or fectee rom.
plaDed OF, or by justice OF the Supreme Court of the
Utited Staes, in the manner aud under the same
regulations, and the wit shall hav. the came effect
as II the Judgment decree complained Of had bee
rendered OF passed IN circuit eoCrt and the pro-
ceedings upon the rsvisaI shall, aso, be The same;
except that the Supreme Court instead OF remandips
the cau'e for final decision, Def re provided NAV
at their discretion IL tie cause IN n have been once
remsnded before proceed to a 6nai decision of the
same, and award execution. Bat no error shall be
assigned as ground If reversal in any such case "a
Rioresait, than such az appears the face of the
cord, aud Immediately respects the before menioned
questions OF validity or construction Of the said con-
sttu'ion, treaties, saiutss, cJmmsODs, authorities
iS di pute."
In the above mentioned sections, Congress gives the
power OF direct appeal from State Court 10 the Su.
preme Court oil the United States; but in the opinion Of
the committee, the Constitution Of the United States
gives the right OF appeal only from such inferior courts
~ Congress shall from time to time ordain and establish
II this opinion be wrong, then has the Supreme Court
supervisory aud controlling power over twenty four
sovereign States. Before entering into particular
comparison OF the above section of the judicial act NJ
wi frat and nj u
Gle OF the Constitution Of the United States the com
Inittee beg leave to make few preliminary remarks
(Which II is hoped will not be deemed impairment TO
the matter reerred the peculiar character and struc.
ture OF our complex system Of government
The most universally received maxim in tho theory
OF pohuca berly since the establishment Of American
Independence, is, that the people alone have ,be 49,,
either directly or by representative conventions IN
make alter their constitutions or forms OF govern
ment, so That The government can do neither 10 pre-
serve government thus formed, The division AMI J,
hibulIoD Of its powers into separate dsparfnnent.