, 1864-03-10

criminal jurisdiction. ED maY. by tho rcnitude OF
snca Is allowable. 1t ia awarded At the IL.
stance of the kins bee,9es eyeEy indictment Is 1t
sun i se IL " ssate1er pessas TSs eo3ris
Of The United statca derire authority to issae
writ i, {9 nc cqSsts1to 1'st sad tue
the right to i=euc the. wit il Obvious con-
II. 1t. ard in application to .thc. motion
II se &c !, Is @ b s s & Il
Constitution nB we think will beat Illustrate the
subject, Tbc judicial power oftic u.t.sd states
inierior courts na the Congress may from time 10
tine ordaln and establish. The judicial power
Ehs1 extend to all cases In 1aW and equity atisn.
statcs and treaties made or which shalt be uaie un-
dors, md pther pnblic ministers and consuls, g.,
nlinittcre ard consuts, end those IN Which sIate
shsl! be .. party. the Supreme M nc Court shalI have
jurisdiction. boil. is to Law and fact, win such OK
eeItione, and under such regulations, as the Con-
~ IT, ss Sia Ihsa sas 6 Is 1aad ~ Ct 70
e @ @ Fl I've
exclusively al ssch 5urlsolcsion of sults Or pro
isters q ihc,r domestic servants as court Of ~
can !: baye oe exercise eenssst@t!y with
et m xs ess.st st sson RasR md ID sa s5s' 5rou ss
by emtasaadora, Or otte: public: minls:efs,
of in which consul Or zee consul shall be party
to hive appellate jurisdiction In csses hereinafter
expressly provided. IN this eccfon, It will be per-
ccfved that the Jurisdiction given, besides that
lion, ia IN exclusive Jurisdiction Of suits pro-
ceedugs ngainHt ambassadors OF other public min
iste1H or their domestcs or domestic servants ns
the law CT nations and original, brit not exclusive
julisdicion Of all suits brought BY emhassados Or
other public ministers, in which cousul Or rice:
consul shall be party, thus guarding them from al
other judicial intcrtelcnee and giving to them the
right prosecute for their OWL benefit tn the COURTS
of The United states. Tbqa substantially Fc,iifm;
Court had original jurisdiction In a cases affecting
ambassadors md other public ministers and con-
sse hsve
other cascs before mentioned, both a., to lay
ard fact, with such exceptions and under such
late powers Of the Supreme Court, ~ granted.by
the Constitution, are limited and regulated by the
nets Of Congress- and must be exercised subject to
Euronsssaa r. III The 9aited siates, essneb, 81;
cuney. o How. iis: Forsyth :. United states, .
hsT L. G1ss w1s tsf Pson eH9ss
Goart. i Il not In law .. :cnity within the mean;
ing et th.ae tes1ns Is used ID the r..~ nss'se o.
The Constitution. Nor is military commiss,:-
judiciary net OF 17ej. That ACT is denomlnated to
ee one 10 establish the judicial courts Of tho Unired
States, and The 1sth section declares that ~ the
elall have power to ssae wits OF feIre ia ias h9
teas fotaS ard ell other writs not specially pro-
M xldcd ior By statute, which may be necessary for
In Tie section, tkc before mentioned" eourta c.n
only hayc reference to such courts as were cstab,
liehed In the preceding part Of the net, and
excludes the idea thnt court Of military coGamts-
sion can be one Of them. Whatever may be the
tsied b court oi mtafyy yteso co@mssion i Is cer @
tain that his petition cannot be brought within the
fourteenth section the act; and further that The
decisions and INTERPRETATION q the Gonsit.uti9n IL
relation 70 Its Judicial power, originate writ Of
ce4liorori to review OF pronouncc any opinion upon
natural before the sections OF the third article OF
the Constitution had been fully considered tn COIL
neetton with the legislation Of Congress-, giving 70
the courts Of the United Staespowef to issIc wTtts
Of eeiye jaeas ha1eds eo4p and all other writs not
specially Provided for BY statute, which might be
necessary for the exercise Of ther respective ju.s
dietion that b. eome Of the members Of the pIofcs
slcn It should have been thought, and somc OF tho
early Judges Of the Supreme Court also, that the,
iah fectlo, Of ths set ofsit september IT, gaye
eTFus, gu sa1}ucikndusn. w1lts Of etr0fdri to re-
s'ew The p1oeeetings ?! ths inferior ccnrts -
sny way restricted BY tho const,tutonal li@it.tioa
that IN al cases affecting eabassaLors, other pub
lie ministers and cnneulG, and those IN which q
FAVE ss a. s' Ths The @.tson has a.
Ways been considered restrictive OF an other orig
inal jnt,ediction. The rule Of instruction Of tie
Constitution declaring in what cases the Supreme
Court eha'l have ORIGINAL iurisdIcttou, mast be
coEEtrned negatively g to all other c1ses.-l
ton; Wheaton, ssl. Tho natu1o and extent Of
the courts appellate jurisdiction and is want oft
to 1asac W7!ts Of Aa6tSs e7rput ad ss1iu :a:adnos
timer. We Do not think It necessary, however, to
!!; examine Or cte many Of them q this tine: We
this courts action hac been jn Gases bToueht to il
BY appcnl from such applications gs hare been re-
jfstsa; when i had bstn asked that + wen.a At
TRen nc maitc ~ o9e 4Tgdna' y
cHet s 5asttee Aslshan @ ss I'D, as tse ]u1,s: IL:
1iction Of the. court is appellate, It must
aottas cepss ia Il < at K KssRps Howa he
court denied the motion, saying that the courts
jprlsdction to award the viii vas appeatiye, and
for the .ame cause refused to sspe wit Of certlo
faF5, which IN the course Of the argument Was
PRAYED for. In ex parte Me.zsero, How, 10. y
30 allowed to examine acommitnacnt BY District
Judge. under the treaty between the unitcd States
and France for the reason that the Judge exercised
made for the revision of his jndEment- So does
cLurt Of military commission exercise epec1al an
ihe T. ss tss
Te1e net iudisal IN theif Character. but that t6e
proceedings of the military commission we're 50;
and, further 1t Was said that the ruling IN thu. case
had been osc1rnlca by majority Of the Judges in
1nilc'a casc. There is misrepresentation OF the
report Of tho Litter case and to the judicial char
acter Of the proceedings Of the military commission
We cite what was said By the court In tnc case OF
Eer1efra, 10 Howard, 80. :.
The powers conferred By Congress upon the dis
t.ict judge and tbs Secretary, nre Judicial In their
1ntufc, Tor judgement and discretion must be cIer
c!scl by both OF them, but It is not 1uaiclal In
either casc In which the Judicial power ia granted
10 the Courts Of the United States Nor can II be
raid thatthc authority 10 be exercised By militia
r. comni9uton is judicial in that sense. It involves
discretion to examine to decide and sentence, but
there is no original Jurisdiction In the Supreme
Court to iesue writ of haheas co,pus ad stauclen-
dun 10 review reverse its proceedings, or witt
ofcxFtiorar5 to reyiEe thcproccedings Of military
commission.
And as tho Presidents action In such matters,
aud those acting in them under his authority, VIC
refer the opinions expressed By bis court IN tho
cases ofMartln and Mott, Il Wheaton, 10 pages, q
to IS iDclnsiye, and Hyua and Hoover, 20 Howard,
page Is, &c.
For tie reasons given our judgement. Is, that the
srt Of ee7tioT0i prayed for to rsviso. and review
which Clement L, Valandfeham was tried, aen-
tenced, and tmptisored must be denteian do VIC
order accordingly.
concur in tic result Of thIa opinion.
s. NELSON.