The daily union. [volume] (Washington [D.C.]) 1845-1857, 1845-05-05
THE DAILY UNION.

the superior courts, by the several acts of Congress
of 1922, '23, and 26, will, in my Judgment, survive
the change of government, ichsn IL is Effected.
But il may be said, that jurisdiction Is one thing,
and its repositories quite another. That jurisdiction
may survive the event which changes the deposit
tories So il may, ichen the changes take place. |
do not question all the efficacy Of the fourth sec
ton of the XVllh article of the Florida consttu-
ton to transfer from the superior courts all SUITS
prosecutions, and processes, appropriate TO the
State tribunals and where it shall appear that the
concurrent jurisdiction Of the superior courts is
taken away aforesaid soon as the State legis-
lature of Florida shall have prescribed the occasion
and the modas in which it shall be done. Further
than this, contest its jurisdiction to go. regard
the provisions of its constitution quite as impo-
tent to abolish the superior courts, as have al
ready maintained 1t is Impotent 10 preserve
them. The doctrine would be as novel as it would
be mschievous and disorganizing, that the State
authorities were competent TO abolish the
courts of the United States or to dispose of dis
turb, the government causes pending thither. The
superior of Florida were constituted and es-
tablished by Congress- and in the exercise of its
righful authority the Judges, the district attorneys
and the marshals, who minister therein, were APP
pointed by the President and Senate of the United
States and they are paid of the common treasu-
ry of the Union. Hence, though their functions
may be restricted, and their jurisdiction abridged
under the new order of things, both the functiona-
res and the offices will outlive the change of govern
ment and for such leagth of time as Congress per-
mits. If the State authorities of Florida may
abridge the duration of the superior courts and con-
troll disturb them in their allotted jurisdiction and
functions, or put an end to the government causes
pending therein, what forbids their welding like
control over the district court, and the jurisdiction
and functions and causes, of which il may be seiz-
ed and possessed, whenever the public authorities
Of this government may put it in operation
Upon the whole, am of opinion that the superior
courts have at this time, and will continue To have
until the State government is put in full and effective
operation, all the powers and jurisdiction they pos
sessed at the time that the act for the admission of
Florida into the Union was passed. that the func-
honaries who minister therein as competent now
as heretofore to the performance of all their dutes
and that the causes pending therein at the time of
the passage Of that act, or since that time, must
"keep day" in court until regularly disposed of
thither, unless before then the State government
shall be put in operation and that, from and after
that time, that portion of the causes pending therein
to the State tribunals may be transferred
thither for prosecution and trial Hence, and fur
thermore, my instructions are, that the government
suits, prosecutions, and processes, pending IN the
superior courts be proceeded in, and that new suits
and prosecutions appropriate to their J,isdiction
be instituted therein, precisely if the act for the
admission of Florida into the Union had not been
passed
Very respectfully, your obedent servant,
SETH BARTON,
Solicitor Of the Treasury.
IHos. DOUGLASS, esq,
U. s. Attorney, Jacksonville, E. Florida.