Daily Richmond Whig. [volume] (Richmond, Va.) 1828-1831, 1831-02-01
JIYDCIAI, SYSTEM.

The committee on the Judiciary Id winch was re-
ferrsd resolution instructing that committee TO
inquire into the cxpodieucy OF repeating or modify
ing the tweniy-fifth section of an act entitled An
act to establish the Judicial Courts of the United
States" passed on tho 9TH September, 1883, re-
pors:
That the committee, profoundly impressed with
the importance of the matter referred to their COIL
sderaon, have bestowed upon 1t that deliberaton 1t
60 cminently required and the investigation hts
suited in a solemn conviction that the twenty fifth
section of an net of Congress, entitled "An act tn
establish the judicial Courts Of the United States,
passed on tho 18th September, 1859, is uncons,itu
tinna, aud ought tobe ropdoci.
The REASONS that have induced this opinion the
committee will now present for the consideration OF
the House.
The .cara:ion &c Independence, the treaty Of
peace with Great Britain, and the articles II coufcd.
Grafton all anounceto The wori that the States of
the confcderacy were rec. sovereign, * independent
States and that they had right IL make treaties,
firm alliances, aud Ii do any other acts that any
independent sovereignty could do. In the Character
OF sovereign States, the odd confederation ard the
present federal government were alike formed and
established. The defects of the Old confederation,
which rendered necessary the existing federal gov
ernmcn,, i,s inability 81 c"erce a State to
trbte It's quota OF supplies ID the general treasury.
aud is want of adequate power 10 manage, conduct
and control our commercial and foreign relations
Il was perceived in TIE convention that framed
the constitution, that federal judiciary
ilGsl cassidy necessary as Coordinate d 'rarmo
at the contemplated government; and the convention,
ment, created such department. and invested II with
powers therein specified
ARTICLE III
"SEc. I. The iuAiciGi pouer of the Unit; cd s. atcS
shall be vested in one Supreme Court, and such
other inferior courts Congress may, from time 10
time, ordaa and eSin5iish. The judges both of the
supreme and inferior courts shall hold their offices
during good behueiOr aud shLl, al stated times re-
ccivc for their services compensation, which
shall not be diminished durIm. their continuance III
Office.
SEC. ,. The judicial power shall extend To u Il
arising under tins constitution, the laws OF the
United States, and trcaties made, which shall be
made under their authority; to all cases affecting
ambassadors, other public ministers, and cunSuls TO
oil cases of admiralty and maritime luIIsdic ION; 10
controversies 10 which the United States shall DE a
party; to controversies between States:
between State and the citizens of another State;
between citizens OF different States; between c.izcn.
Of the same State, claiming lands under grants of
different States; and between a State. or the |
citizens thereof, and foreign States, citizens or
subjects.
ain all cases affecting ambassadors, other public
ministers, and consuls, and those in which State |
shall b. party, the Supreme Cour; shall have orI-
ginai jurisdiction. IN all other before men,
toned, the Supreme Court shall have appellate |
jurisdiction, both 10 lazy and fact, with such cx-
ceptons and under such regulations, the Congress
shall make"
Observation-Disclosures NJ
"The judicial power OF the United States shall not /
bo construed tn extend to any suit, iii law equity
cunimenccd proseCu: cd against of the United |
States by citizens ofanohcT State or By the ctsns
or subjects OF any foreign State"
The twenty section of tic ocl to b!iSh the
judicial courts of The United atcs in these words
''SEcTroS XIV.
GA final judgm N; or decree in any suit, in the high
est court of law equity OF Stale which deci.
sion in suit could be had, where is drawn in ques-
tion the validity of treaty, statute of, All au-
thoriy exercised under the United States. and the
decision is against their validity; where is drawn
in question the validity of statute of, author
rsNr hit a.
csOn is against their validity; where is drawn in
question the validity of q s'a'utc Of an author
ty exercised under, any State, the ground of their
bang rrpngnant TO the constitul ion treaties or laws
Of the United States, and the decision in favor OF
such their v0!dIiy; or where is drawn question the
construction of any clause of tho constitution or Of
treaty or statute Of commission held under, the
UnitTd States, and the decision ngans, the title,
rigrt, privilege, or exemption, especially set up or
ciditurd by either patty under such clause Of the
SAID constitution. treaty statute, commission, may
b. fc-exaInned and reversed or affirmed in the Su-
preme Court OF the United States, upon writ of !
error, the Citation being signed by the chief Justice
Judge chlucclor of the court rendering or pas
slug the Judgment decree complained Of, or by
j1siIcc the Supreme Court oil the United States,
IN tie same manner and under tho same regulations
and the writ shall have the Same effect as if the
Judgment or decree complained of had been render
cd or 5sSedIa circuit couri; and the proceedings
"pon the revSal shall, also, be the same, except
that The Supreme Court, instead of rema nin, the
cause for final decision. as before provided nav
ar their discretion, if the shall have been once
remandcd before, proceed to fiaal decision Of the
same ara award execution But error shall be
uzsirucu gspund of reversal in my such case rs
aforesaid, than suci as appears the face Of the
record, ond Immediately respects the before men
toned questions Of validity or construction of the
said constitution, treaties, statutes, commissions, or
authorities in dispute"
in the above mentioned sections, Congress gives
the power Of direct appeal from State court to
the Supreme Court Of the Uni'od 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 10
time ordain and rs'nbish II this opinion be- wrong,
then has the Supreme Court, supervisory and
controlling power over twenty-our sovereign
States. B"iJre entering into a particular com
panson OF the above section Of the judical act
&C 1880 with tue first ond second section
Of the third article of the constitution OF tn,
United States, the committee beg leave to make /
few preliminary remarks (which II is hoped will not
DC deemed impairment TO the matter refcrred) on tie
peculiar character oIsesucturc Of our complex sys.
TEN OF government.