New Orleans daily crescent. [volume] ([New Orleans, La.]) 1851-1866, 1856-03-31


uniform rules Of naturalization the authority Of the
Federal judiciary is coeStensive with the power Of
Congress and must fulfill all the purposes required Of
the Judiciary system in the execution Of that
and jurisdiction are fixed by the Constitu
ton over all acts Of national legislation and that ex
elusive power cannot be delegated to the judicial
tribunal Of any other system Of government The
powers Of the several departments Of governmentare
fixed and determined by the governments within
which they are to operate they are the great vehicles
of public power and Of national action their author
lily cannot be enlarged abridged by the action Of
any foreign or extraneons power. II the powers Of
the State can be enlarged by the action of the Federal
Government what to prevent that government from
bestowing enlarged powers upon the State Legsla
lures also The one could be done with as much pro-
priety asthe other. $l s.s
stThe judicial power Of the United States shall
vested in one Supreme Court and such other inferior
courts as Congress may from time to time orda and
establishp Const., art. sec l. This section Of the
Constitution defines the mode in which the third de-
partment Of the government shall be organized, n
!" All Legislative powers herein granted shall be
vested in Congress of the United States which shall
consist of a Senate and House of Representatives"
Collst., art. L. sec. l. ,t4ssf zs| Y
80 The executive power shall be vested in Presi-
dent of the United States of America Const, art.
| 2, sec. L. q .iss'f@ IN %$. n.
We have before us, in these articles, the consti-
tutional synopsis of the Federal structure The
anotomy of this great moral and political leviathan
Of the western world is too boldly defined to be mis-
taken even by the most bungling use Of the political
scalpel We have before the outline and filing up
Of that greatand uniiYaled system Of popular gov
ernment which, by the distribution of its immense
material and the constitutional direction of its gigan
tic forces brings the blessings Of rational and
enlightened freedom to millions Of human beings.
The sound and practical jurist will always be gov
erned by the plain letter Of the law, when its Ian
guage is free from ambiguity. Words have legal as
well as a common acceptation, and serve as unerring
guides to those who are seeking the plain intent
Of the law. The Constitution in defining the third
great department Of the Federal Government, pre-
scrbes clear and explicit language, the tribunal in
which the powers Of that department shall be lodged
It provides that there shall be one Supreme Court
and although it leaves tile organization Of the inferior
courts within the sound discretion Of Congress yet it
devolves upon Congress the duty Of organizing such
interior courts; and in these tribunals when SO organ
lied it proceeds to vest the entire Judicial power of
the United States Congress may define and organize,
or, in other words, ordan and establish" inferior
courts but no act of Congress can confer judicial
power upon them, since that power is vested in them
4 by the paramount law of the land. The moment an
inferior court is established by act of Congress,
the Constitution at clothes it with judicial pow
ers leaving the Federal Legislature to say how much
of the judicial authority such inferior court may eX-
i ercse and in what manner it shall be exercised.
From the clear ntendment of the article cited: Con
gress required to organize the inferior tribunals
to meet all the exigencies the National Govern
ment, and to render that Government complete and
\ efficient in its several departments The proposition
is clearly established that the judicial power of the
Federal Government is vested in the United States
4 courts-tlat these courts consist of one Supreme
court and such other inferior courts Congress may
i from time to time ordain and establish. Now, what
is the legal meaning of the words ordain and esab-
lish ~ They must be construed withreferenee to the
powers which Congress may properly and legally eS-
ereise and we think it clear that the legislative pow
ers Of Congress must be exercised with reference to
the objects and purposes of the National Government,
and within the pale of the Constitution ITSELF They
are to be employed for other purpose than to rem
der the distribution of the great powers of the Gov
ernment complete, and to insure the efficient and
harmonious cooperation of the three great depart
ments Of the national system. In other words, te
give the federal sovereignty that legal entirety which
it was designed to have Beyond those purposes ant
objects Congress cannot go and in establishing nfe
rior tribunals it only establish them the SOLE
and essential agents for carrying into successful oper
alton the various powers which the Constitution con
fefs on Congress ITSELF To 'tordan and establish,
id the Constitutional sense, means to create. Thu
power to create only be exercised within the SCOPE
and jurisdiction Of the creating soYereignty-henct
create inferior tribunals within the limits of the fed
era sovereignty, and in those inferior tribunals esta
lished within that sphere thesjudicial power Of tn
!, United States shall beyested. a.
One sovereignty cannot create, Jordan and estal
lish tribunals within the Constitutional teritora
limits of another Congress cannot establish Fec
eral udicature within the legitimate sphere Of Stat
: action, any more than Louisiana could organic
courts to WELD the Judicial power Of Great Britain
The power to ordain and establish implies the powe
to govern, to CONTROL to fix the jurisdiction and regr
late generally all the details appertaining to the thin
> created. This is nseparable from the idea Of SOY
D ereignty hence, the Constitution must mean, tina
the judicial power Of the United States is to be vcste
exclusively in courts created within and controlled
the national sovereignty. This argument is rendere
conclusive by the language of the Constitution Al
: ticle Sd, Section LIST The judges of thesSuprenl
Court and of the inferior courts shall hold their off
ces during good behavior, and shall receive for the
services compensation which shall not be dimnishe
e during their continuance in Office" This languag
clearly contempates the essential elements of
tire and exclusive sovereignty The power to fix an
control the tenure of office and to regulate the
y uments of judicial offices is inseparable from tn
II power to create. This only be done by govern
ment acting strictly within its territorial or
J. stutonal limits. The entire argument seems to
to he decisive that the Judicial power of the Unite
IL States is and must be confined to Supreme Cou
/ and to such inferior courts Congress may, frol
Z time to time, establish, and which courts are an
II must be exclusively Federal courts.
If such be the just conclusion from the premise
; stated, by what authority Congress confer an
portion of the Judicial power of the federal govern
c ment upon the State courts? The first difficulty
l. be encountered is, that to confer such power tt
T. State courts is clear intracon of the plain letter
IL the Constitutions The State courts not g 0
&C daned and established by Congress in any sense
the words: they tribunals belonging to separa
= and distinct form of government. They original
under the organic law, and derive their authorit
L. from and are controlled by the legislation of Thu
separate government. They are functions solely al
exclusively Of State power, and in no sense agents