Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1867-09-06
The Consultations nrdains.

aThe judicial power shall extend to all cases in
Law and equity arising under this Constitution, the
| laws of the United States, and treaties made, or
which shall be made, under their authority to all
| cases affecting ambassadors, other public MINIS
/ ters and consuls to all cases OF admiralty and
maratine Jurisdiction to con trGversles to which
the United States shall be party; to controver-
| sizes between two more States between q State
and citizens of another State between citizens OF
! the same State claiming lands dnder grants OF
different States and between State or citizens
thereof, and foreign States citizens, or SUBJECTS
| Ibid. S2)
We see here that whenever, within the territory
of the United States, irrcspectvely or persons or
| of circumstances, matter of controversy arises
| which is distinctly cOmprehended under any one
of the clauses above quoted from the Constitu-
ton, and which Is In such posture as TO De sus-
ceptible of judicial action, it must go without
adjudication or else it must be adiudicated by the
courts Ofthe United States. This provision beng
organic, it Is nOtin the power of the National
| Legislature, if that body could be supposed ever
TO have made the attempt, to refer the adjudIca-
ton OF any one of such cases, against the consent
of the parties, or i'll QerOgatiOn of the power OF
the Judiciary, to the Executive power, or to any
power or agency whatsoever. For example, Il
controversy arising upon contract between cltl-
zenS Of different States. Under this organic pro-
VISION the parties have right to put the Federal
Judiciary i'll motion for the settlement of their
dispute, and it is obvious thai this right cannot
| be impaired without an amendment Of tue COnsti-
tuition.
The Judicial power of the United States is q
unit In the Constitution it is mentioned III the
singular number, ard the reasoning of the SUI
prcme Court in the of Martin Hunter, is
! to the effect that much Of it as the Constltu-
ton left Congress TO vest in inferior courts was
incapable of segre cation, and, consequently yes
| tel as a whole IL the judicial establishments Il
Wheaton, $50. As power, then, it is to be con-
coved Of Omnipreeent within its constitutional
sphere and, consequently, with respect to the Dig
nifty Of lawful judicial process, the Of the
same is Q" the least significance, aud the laws
forbiddng obstruction OF 1t make, consequently
no distinction. The conumacy. therefore, which
would be more Vulgar if offered to a writ held in
the hand OF the CHIEF Justice of the Supreme
Court, would, il respect to the consolidated judi
clai power and dignity, be of the same legal quail
ity if the like writ was despised III the hands OF
| the humblcst servant OF court of the lowest
grade in the system. Thus much as to the para
mount authority of the judiciary III all matters
to which their power Is extended by TIE Constltu-
| tlon, acting through the courts and officers who
! are tho organs Of the power To resist that power
anywhere, and in any matter within it's constitu-
lOna sphere Is to resist the whole of it, and to
plre to an Issue with the judicial Department OF
! tho Government.
It might occur to some minds that if this power
over the subject matters conded to it by the or
| game law be supreme over the Legislature and
! the Executive, and, OF course, over the military
| branch of the Executive, it might, in any given
| case, be msappied by the error or crime of the
Judge. But this like every other evil with which
We may lawfully cope without, in accordance with
| its provisions, amending the Constitution, has
been anticipated and provided against in that in
strument. fOr misconduct, Impeachment is pro-
vided and for error, the right of, and all neces-
sary facilities for, appeal to another court. The
Supreme Court, 1t is true, cannot be supervised
but it has original jurisdiction with two eXcep
lions only. Such is the character of the judicial
power, TIE only and last resort for the settle
ment Of a class OF cases and controversies emu
meTated III the Constitution. Il Cranch, 1T,
49,
But the action of tue judiciary would be wholly
Intellectual, and the power would not be cO-Ordi-
nate, unless the result, in a proper case, was
conclusive and binding upon the other branches
OF the Government and the entire people of the
country for all the proceedings of court are
conducted for the sake OF the result, which is the
final process. A CONTROL then over the final pro-
cess. Is control the whole procee ding. But
control over the whole proceeding is control over
the court, the judges, and the parties This would
not be controlling, but abOllshlng the court whether
he who abolished it did not continue to employ its
judges and methods of business for the admins
tratOE of his will. That he did in is the
same in effect ii he had done in all cases, for
if he did it by permission Of the court it was the
court, and not he that eXerted the power !; if
he did it without permission, and because, in his
opinion it right for him to do in that case,
he may do so IN any other case in which he forms
similar opinion; and as it cannot be foreseen what
opinion man may form, 1t cannot be foreseen in
what he may think he ought to interfere ;
and II any is liable to interference, is
certain OF reaching judicial result and, under
such circumstances, there can be no legal adiudi-
cation, aud, consequently, no court. This shows
the real necessity Of judicial authority which is
securel fortified against all possible interference
while the state Of society admits of judicial
siOns
Such being the nature OF the judicial function,
an It's power in the Federal Government, it is
obvious that the territorial field OF its operation is
cO-eXtensNe with the national domain, which, with
respect to the Judicial power, considered unit,
IS single territory, subject to be divided into
places Of jurisdiction may be most convenient
for the purpose OF administering justice But with
espect TO the subject matters of judicial cogni-
zance it is far otherwise. A large proportion of
them presuppose, in their existence, organic geo.
graphical divisions as into States, inchoate States
and the seat of General Government, the District
J Of Columbia, These are political divisions. Jul
dicial divisions exist, but they altogether in
dependent of them. These adapted solely to
the presumed e1pediency of administering the jul
dlclal power, and may be altered from time to
time by Congress. They may and usually do coin
eide in some degree with political and other divi-
sions of the national domain. But they are not
necessarily cOincident with such. They are pla-
ces OF uisdictiOn. Circuits composed usually
Of several entire States, and districts are some
times composed Of parts only Of different States.
This does not affect the of action over
which the judiciary shall exercise exclusive control
for they remain the same as if each State of the
Union was district, and only districts estab-
hsAed, and no circuits. When a cause of action,
or criminsl iptractOn Of law of the United
States, arises for the action Of the Federal Judi
c8ry the cOgniZance Of the latter is forthcoming
and the OnI y question is, ii which district or cir
cult shall it be taken?
The common territory OF the nation is also sub
divided for other purposes, as for the purpose Of
collecting taxes, duties, &c, by act of Congress-
20 to do, by Congress. Such divisions, like the
judicial provinces referred TO-, are subject to
change at the pleasure of Congress. The recon
sructiOn military districts in the South are exam
pies of distributing for specific and temporary pur-
poses. But here arises most important distinc-
ton between judicial geographical divisions and
those Of any other kind which have ever been
| created by Congress. Until the oath September
1859, Il Sat rs, ct seq,) the judicial power of tie
United States was not ali vested Upon the pas
sage of the celebrated act of Congress OF that
date organizing the inferior courts of the United
States, the whole Judicial power, not directly vest
ed in the Supreme Court by the Constitution, vest
ed in the courts created. This proposition
having been laid down after solemn argument by
the greatest of our judges, and never since dspu-
ted, must be accepted as unquestiOnable. 1t fol-
lows from this that the power Of the legislature
cannot go beyond the modifying and Changing
from time to time, as IN their wisdom NAV seem
expedient, the organization Of the courts and the
divisions Of the country into judicial Provinces
But having once vested the il iicial power which
as instructed, Congress was bound to do,
that body cannot have the power to vacate Judi
cial tract. But it is otherwise with the distrcting
for revenue or other purposes The Constitution
has not inhibited their total abolition at the pleas
urC of Congress. But there is another reason WHY
Congress could not abolish the judicial districts
OF the United States, though they NAV, and fire.
quently d. change their boundaries The Con.
| sitution provides In all criminal prosecutions
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