Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1831-02-01
JUDICIAL. SYSTEM.

The ccpmittee on the Judiciary TO which was re-
terIed resolution instructng that committee TO
inQu.ro into The cXp"diency of repeating or modify
Ing the twontyiitth section of an act entitled "An
act TO establish the Judicial Courts of the United
States passed on the 18th September, 1889, re-
Kat the committee, profoundly impressed with
thG Importance of Inc referred to their
side:1ton, have hes ed upon it that deberation ii
50 eninrnty required; anj the lnvestgati has
suited III Il solemn conviction that the twenty fifth
section OF an act of Congress-, entitled IAN act to
establish the judicial Courts of the United States,
passed on tho lIth September. $780, is unconstitu-
tinnai. and ought tn be repealed.
The reasons that have induced this opinion the
COMMITTEES vii! now present for the consideration OF
tin House.
The 'caration of ndcpnnlencc, the treaty of
peace with Great Britain, and the articles of coued-
Cra'inn all Announce the world that the States OF
the coLitdcracy we're nee, sovereign, e. independent
States, anl that they had right make treaties,
form alliances, and TO do any other that any
Inioreaient Sovereignty could do. In the character
Z! sovereign Statos, the odd confederation and the
present federal government alike formed and
established The defects of the old coui;.derut ion
"hir' rendered necessary the existing federal gov
crI'u'rnf, wcfs lis inabiliy coerce State to
trl1te ITS quota uf supplies the general treasury,
oRh its want of adequate power manage. conduct
aud control our commercial and foreign relations
Il was perceived In TIE conventions that framed
'ne constitution. that federal judiciary was
lidisi cassidy necessary as coordinate depart uent
"i the ed government; and the convention,
accordingly, by he following clause of that insru-
cieatcd such depar tncnt, md invested it with
powers therein specified
ARTICLE ITt.
SEC. I. The i;:diciai pocer of the United States
shat be vested in Supreme Court, and suc,
other inferior courts Congress may, from time to
time ora4n a''d esta6tish The judges both of the
supreme and inferior shall hold their offices
DUNG good 5e4cj2r, and shall, at stated times
crivc ioT their services compensation, which
sLaF not DC Diminished during their continuance III
Office.
Size. ,. The judicial power shall extend to oil
cases arising under this constitution, the laws OF the
United States, ana treaties made, winch shall bo
made un,er their authority; TO ali cases affecting
ambassadors, other Dit5io MINISTER'S ami consus; 10
oil cases Of admiralty and maritime 1ursic io.; to
con! roversIcs TO which the United States shall be
rarfv to controversies between or more States:
between State and The citizens of another State;
batwecn citizens OF different States; between CITIZENS
OF the same State, claiming lands under grants of
different States; and between a State. or the
c!tr;cns thereof and foreign States, etizcns or
subjects.
"In all cases affecting ambassadors, other public
ministers, and c1nsus, and those in which ST ate
sial! bn party, the Supreme Court shall have orr
gnal jurisdiction. In all other cases before NEIL
toned, the Supreme Court shall have appellate
jurisdiction, both TO law and fact, with such ex-
ccpt!ons, and under such regulatlos the Congress
shall GIali"."
ACKNOWLEDGMENT NL
"Ihe jIdrciai power OF the United States shall not
De construed to extend To any sun, In law equity
commenced prosecu: ed against one OF the United
States by citizens OF anoh"r State, by the ci'tzens
or subjects OF any foreign State"
Tic tWcn;y-ih section of the act 20 establish the
Judicial courts otthc United s ates in these words
''SECTIoN XIV.
hnul judgment dec:ee in any suit, in the high
eat court o! law or equity of State in which deci
sion III suit could be had, where is drawn in uucs-
ton the validity of treaty, of, or an ALL
iAofity exercised under, the United States, and the
decision 10 against their validity; where rs drawn
IN question tie validity of statute OF, author
ny exercised under the United States. and the de
c!son is against their validity; where is drawn in
Gpes!lon the Valdity of Of an author
SatR on ne md off
being r"ouTunCt to the constitutions treaties laws
Of the United States and the decision is in favor of
such their validity where is drawn in question the
construction or any clause OF tho constitution, of
treaty statute of, held under, the
Unit aies and the decision against the title,
right, privilege, or exemption, especially set up
claimed BY either party, under such clause of the
sad constitution. treaty statute, commission, may
b" re-eNau1ined and reversed affirmed in the Su-
rrcre Court of the United States upon writ of
cF!0-, the citation being signed by the chief Justice
Judge chancellor of the court rendering or pas
sing tho Judgment decree complained Of, or by
rT@t;:c Of ie SsPreme Court OF the United States
~ iHe s1n& manner and under the same regulations
and the VIII shall have the same effect as if the
Judgment or decree complained of bad been render
fd hT ptssodIn circuit court and the proceedings
upon the rev5a shall, also, be the same exceDt
That the Supreme Court, instead Of sema ning tho
cause for final dcris!on, before provided, may
their discretion if the shall have been once
rcmanded before, proceed to final decision Of the
same and award execution. But error shall be
assigned rs ground of reversal in any such case as
aforesaid, than sucl appears she face of the
record and immediately respects the before
toned questions of validity or construction of the
SAID constitution, treaties, statutes commissions, or
authorities dispute"
in the above mentioned sections, Congress gives
the Oowcr OF direct appeal from State courk to
the Supreme Court Of the United States; but in the
opinion of the ntce, the constitution of the
United States gves the right Of appeal only from
ouch inferior courts Congress shall from time TO
time ordaa and establish. II this opinion be wrong
then has the Supreme Court supervisory and
controlling power ever twcnty-four sovereign
Stotcs. Before entering into a particular com
parlson Of the above section Of the judcin act
Of 1852 with the first and second section
Of the third article Of the constitution Of the
United states, the committee beg leave to make
few preliminary remarks (which 1t is hoped will
be deamed irlpertncnt the matter referred) on the
peculiar character as structure Of complex sys-
,r.1 Of government.
Tie most universally received maxim in tie tho
ory or political liberty since the establishment of
American Independence. is, that the people alone
have TIC right, either directly by representative
IN 1T