The Cass County Republican. [volume] (Dowagiac, Mich.) 18??-1880, 1860-10-18

I'D
arising under the Constitution" ant
there interpolate a period; thus pre-
tending that they have quoted the
whole, and then demand, with an af
fectation of triumph, if the Constitu
ton does not confer absolute, as wei
as exclusive, jurisdiction upon the Su
preme Court in all cases in which per
sons are claimed to be held as slave.
under the Constitution
/ OF course, any man Of common
sense can sec, that with the concluding
portion of the above extract which We
have itdlicised, the rest of the Section
merely designates the character of the
cases in which Jurisdiction is to be
conferred upon the Court by Congress
and leaves the appellate jurisdiction Of
the Supreme, and the whole jurisdic
ton of the Inferior Courts, wholly and
unqualifedly subject to such restric
tons and regulations as Congress may
see fit to prescribe.
1t is evident, therefore, that without
the legislation of Congress, the provis-
ions of the Constitution, in. relation to
Federal Judiciary, must have remain
ed forever Intellectual. Without such
Legislation there never could have been
any Federal Court whatever. This is
evident, from the fact that the Consti-
tuition does not fix the number of the
Judges; nor provide for paying them
nor provide for any terms for sessions)
of the Supreme or any Inferior Court;
nor designate any place or places where
such terms shall be held; nor provide
for any clerk, marshal, or other officer
of the Supreme or any Inferior Court !;
nor provide for any civil or other pro-
cess, or any system of practice; does
not, in short, provide any of the means,
the machinery, so to speak, without
which no Court can exercise power,
or do an act of any sort.
Such being the case, one of the first
acts passed by Congress, after the
adoption of the Constitution, was the
Judiciary Act" as it is called for con-
venience of designation. 1t is enti-
tied" An Act to establish the Judicial
Courts of the United States" and was
approved Sept. "a, 1889. See vol. Q,
q. S. Laws, page Sc, &c.
This Judiciary act, with the acts
since passed amendatory thereof, and
supplementary thereto, fix the number
of judges of the Supreme, and Circuit,
and District Courts of the United
States provide for paying them; fix
the times and places of the terms of the
Courts; provide for the appointment
and duties of their subordinate officers;
for the necessary writs of various kinds,
&C., &c. in short, provide all the
means, the machinery above spoken
of, required for the exercise of juris-
diction and transaction of judicial bust
ness.
1t is by virtue of these acts of Con-
gress that the Federal Supreme Court
holds and exercises all the jurisdiction
it possesses; for without their aid it
could not act at all, even in those few
cases, Chose affecting ambassadors,
other public ministers, and consuls,"
and those Sin which a State is a par
ty,") in which it has original jurisdic-
ton. Be this as it may, the language
of the Constitution leaves no doubt
that its appellate jurisdiction is wholly
subject to Congress to such restric-
tons and regulations, as Congress may
SS0 ho ~ AihPOoS'
All the jurisdiction the Supreme
Court can have, of any question of IT,
tie to a slave, must of course, be ap-
pellate;; except in cases in which an
ambassador, other public minister, or
CONSUL be interested, or State be
party cases which will very seldom if
ever happen.
How, then, is the Supreme Court
ever to get chance to make legal de-
cision upon the merits in any such
case in which any other individual or
corporation claims title to slave, ex-
cept it be permitted to do so by Con-
gress?
And it is not necessary that such iu-
risdiction, or jurisdiction in any other
case, be expressly aoithheld. 1t is suf-
fcient that Congress has omitted to
grant 1t. The Supreme Court has it.
self repeatedly decided that under the
provision of the Constitution, that it
shall have appellate jurisdiction "with
sucb excpntions and under such rauu