The spirit of the age. [volume] (Woodstock, Vt.) 1840-1844, 1841-01-01


necessary to decide on such dilemma. The cx-
preston fully satisfied, and its accuracy justified
BY two descriptions of cases. to which the Judicial
Rsthority is extended, and neither of which implies
that the common law is the law of the L. States
One OF these descriptions comprehends the cases
growing out of the restrictions on the Legislative
power Of the States. For example, it is provided
that "no State shall emit bills of credit" or ''makc
my thing but gold and silver coin tender in pay
mcnt of debts" Should this prohibition be viola
ted, and suit betccea citizens Of HE same State
be the consequence this would be case arising
under the Constitution before the Jcdicill power
OF the United States. A second description COM
prehends suits between citizens and foreigners, or
citizens of different States, TO be decided according
TO the State or foreign laws; but submitted by the
Constitution to the Judicial power of the United
States; the Judicial power being in several nsun-
ces, extended beyond the Legislative power of the
United States.
To this explanation of the text, the following OBJ
seryaons may be added;
This expression, ceases in law and equity" i.
manifcstly confined to cases Of civil nature; aud
would exclude cases ofcrimnal jurisdiction. Grim
inal cases iii law and equity would be language
unknown to the law.
The succeeding paragraph Of the same section is
In harmony with this construction 1t is in these
words: SIN all cases affecting Ambassadors, other
public Ministers, and COnsuIs, and those in which
State shall be party, the Supreme Court shall
have original jurisdiction. In all the other cases
[includng cases in law and equity arising under
the Constitutional the Supreme Court shall have
appellate jurisdiction both as to law and fact; with
such exceptions, and under such regulations, as
Congress shall make.
This paragraph, by eSpressl giving an appel
Iae jurisdiction, in eases of law and equity arising
under the constitution, to fact. as well as to law,
clearly excludes criminal cases, where the trial by |
Jury is secured; because the fact, in such eases, is
not subject Of appeal. And, although the appeal
Is liable to such exceptions and regulations as Con-
gress may adopt, yet it is not to be supposed that
mn exception of all criminal cases could be con-
tcmpla,cd; as well because discretion in Com
Ercss TO make or omit the exception would be I'M
proper as because i, would have been unnecessary.
The exception could as easily have been made by
the Constitution ITSELF as referred to the Congress
Once more: the amendment last added 10 the
Constitution, deserves attention, us throwing light
on this subject. 1.-THE Judicial power of the l..
States shall not be construed 10 extend TO any suit
In law or equity, commenced or prosecuted against
one of the United States, by citizens of another
State, or by citizens or subjects of any foreign
power" As it will not be pretended that any
criminal proceeding could take place against a
State; the terms lar or equity, must be understood
as appropriate to Grill, in exclusion of crimina!
sascs.
From these considerations, it is evident, that this
part of the CONSTITUTIONS even if it could be applied
at all, to the purpose for which it had been cited
would not include any cases whatever of crri-
nal nature; and consequently, would not authorize
the inference from it, that the Judicial authority
extends to offences against the common law, as Of
fences arising under the Constitution.
II is further to be considered, that even if this
part of the Constitution could be strained into an -,
application to every common law case, criminal as
well us civil, it could have no effect in justiiying
the sedilion Act which is an exercise Of Icgi,la-
tive, and not Of Judicial power: and it is the Ju-
dicial power only of which the extern. i, defined in
this part Of the Constitution.
TO be continued +