The Manitowoc pilot. [volume] (Manitowoc, Wis.) 1859-1932, 1860-01-20

The immense amount of litigation in the
Courts Of the western districts, imposes
heavy responsibilities upon the Judges.
particular in cases wherein the amount
in controversy is not sufficient to admit of
revision in the Supreme Court. Except
in admiralty cases and in suits bv the Uni
ted States the demand claimed in the pro
cess must exceed five hundred dollars, to
give the Courts jurisdiction and no case
can be removed from the Circuit or Dist
rict Courts, to the Supreme Court, unless
the amount In controversy exceeds two
thousand dollars. This is looked upon bv
many sui'er. as grievance; for notwith
standing they may have full confidence in
the learning, honesty and experience of
| the Judge, yet, in contested cases they
will submit to defeat with better grace and
more satisfaction, when they know that
| they may have a review of the case bv a
higher tribunal. AS the Supreme Court
cannot, a. term, dispose of half the cases
pending before it, and as Congress has not
seemed disposed to provide for an increase
of Judges, it has been urged that this cause
of complaint might be removed by Con,
gress providing by law for holding inter
mediate Courts of Appeals to be composed
of certain number of the District Judges.
The rules of practice Of the Circuit
Courts, and Of the District Courts having
Circuit Court powers, for the admiralty
and ehancery sides of those Courts are
prescribed BY the Supreme Court of the
United States, in pursuance Of an act Of
Congress for that purpose, aud are uniform.
The rules for the law side of the Court.
are adoped by each Court for itself. Va
rious acts of Congress control the action
of the Courts and the residue of the prac-
tice is made to conform in principle as near
as possible to the laws of the State The
Constitution of the United States contem-
plates that the distinction between com
mon law and equity practice shall be OBJ
served and the Federal Courts cannot
adopt any system abo!ishing the distinc
ton. This distinction existed in the
Courts of the Territory; and the same
practice has been continued in this Court
without material change. Bv acts of Con-
gress imprisonment for debt is abolished in
States where it does not exist; and the
Marshals must serve executions according
to the laws Of the State
1t is provided, in the twenty fifth section
Of the act of Congress to establish the
Courts of the United States, that a final
judgment or decree in the highest Court of
law or equity of State, in which the de-
cision of suit could 5e had, where is
drawn in question the validity of a treaty
or statute Of, or an authority exercised un-
der, the United States, and the decision is
in question the validity of statute of or
an authority exercised under, any State, on
the ground of their being repugnant to the
constitution, treaties, or laws, of the Uni
ted States, and the decision is in favor of
such validity; or where 10 drawn in ques-
ton the construction of any clause of the
Constitution, or of treaty, or statute of,
or commission held under. the United
States; and the decision is against the
right, title, privilege, or exemption espe-
cialy set up, or claimed by either party
under such clause Of the Constitution, trea
IL, statute, or commission, may be re exam
ined and reversed or affirmed in the Su
preme Court of the United States upon
writ of error. And the writ shall have
the same effect, As if the judgment or de.
cree complained Of had been rendered or
passed in Circuit Court and the proceed
ing upon the reversal shall also be the
same, except that the Supreme Court, in
stead Of remanding tie cause for final
decision, may at their discretion, if the
cause have been once remanded before.
proceed to a final decision Of the same, and
award execution. The trainers of the con-
stitution contemplated that cases within
the judicial cognizance of the United
States, not only might, but would, arise in
the State Courts. With this view, the
Constitution, treaties, and acts of Congress
were declared in the Constitution to be
the supreme law of the land, aud that the
Judges in every State shall be bound there
by; anything in the Constitution or laws
of any State TO the contrary notwithstand
ing. Without this section, the judicial
power of the Uni ed States would not be
complete, AS the enforcement and construc-
ton of the Constitution, treaties, and acts
of Congress appropriately belong TO the
national Courts, where alone uniformity
could be expected. And defendants with
in the description Of persons constitution
ally entitled to claim the jurisdiction of
the Federal Courts should have that right
as well as plaintiffs. This law WAS also
essential TO the protection of the interests
of the government and the rights of its
officers, when sued for acts done in the
discharge OF their official duties 1t was
necessary to the preservation of the sover-
eighty of the government, the peace of the
country, and to a compliance with treaties
with foreign nations This law is only in
tended 20 secure for the general govern
ment and its officers the same rights as e1.
/ ist in the States, in regard to their govern
ment. 1t is the appropriate duty Of a
/ Court 70 construe the laws Of the govern
ment of which it is component part; and
it is the bounden duty of every other court
to adopt that construction. The books o.
reports of the Supreme Court Of the Uni
ted States contain two hundred and TWEEN
! ty five cases that have been removed from
| Courts of nearly all the States, to thai
Court, in pursuance of this law; and il
does not appear in these reports, but tha
: these proceeding. have been aco,lisac~i ir