The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1867-09-02

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IL might occur 10 some minds that II ID power
the subject matters couhded 10 II by the organic 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 misapphed by the
error or the crime Of the Judge But this,
hSe every other evil with which NAV lawfully
COPE hout Ia accordance with ITS provisions mend
ing The constitution has been anticipated aud provided
acalns' N that nstrument. For misconduct mpeach-
ment 10 provided: and for the right OF and all
necessary facilities for appeal to another cOur The
supreme Court, u rue, cannot be supervised but it
has no ori''ua Jurisdc ion with two exceptions only
such Is the Character Of the judicial power the only
and last resort for the settlement o. class Of and
coniroserles enumerated in the constitution Il
But the actor ofthe Judiciary would be wholly ner
fectual aud the power would not De coordinate unless
the result In a propr case, conclusive and bind.
ing upon the other branches OF the government
and the entire people Of the countrv; for all the
proceedings Of court are conducted for the
sake OF the result, which the final process
CONTROL then. over the ana process ia control
The whole proceeding. But control the whole pro-
ceedng 10 control over the court the judges and the
parties This would not b controlling but aboishing
the court, whether he who abolished Il did did not
continue 10 employ It's judges and methods Of business
for the administration OF his will That hs did 10 the
one case rs the same in effect - no had done It all
cases. for II he did by tho permission OF the
the court and not he that exerted the power be
did without permission. and because in bis opinion
was right for him TO do that case be may do In
any other case 10 which he forms similar
opinion: and rs h cannot be foressen what opinion
a man may form, cannot DO foreseep In what
may think he ought 70 interfere: and II is
judicial result and under such circumstances there can
be no legal adjudication, and conseq ,en,iy court
TINS shows the real necessity Of Judicial authority.
which IL securely fortified AGAINST all possible interior
willie the OF admits Of Judicial sessions
Such being the nature the judicial fpncon and It's
power in the federal government 1t obvious that the
territorial field Of It's operation coexteusve with the
national domain, which, with respect 10 the Judicial
power. considered as . unit. Is single territory,
subject TO be divided into places Of jurisdiction
rs may be most convenient for the purpose
Of administering justice. But with respect to
the subject matters OF judicial cognixauce other
wise. large proportion Of them presupposs in their
existence organic geographical divisions into states
nchoate States and tho seat OF the general government
the District OF Columbia These political divisions
Judicial divisions exist, but they altogether indie
pendent OF them. These adapted solelv to the
sumed expsdency Of administering the judicial power.
and may be altered from time 70 time BY Congress.
They may and usually do coincide some degree with
political and other divisions Of the national domain
But they are not necessarily coincident with such.
They places Of jurisdiction. Circuits composed
usually or several entire >taes and districts someAmes
affect the causes OF action over which the Judiciary
shall exercise exclusive control for they remain the
sans as II each State Of the Union n district and
ONLY districts were established, and circuits When
a cause Of action, or criminal infraction Of law
OF The Uni ed arises for the OF federal
judiciary, the cognzance OF the latter Is forthcoming
and the only question H. in which district circuit
shall II be taken.
The territory Of the nation is also subdivdsd
for other PURPOSES as for the purposes OF collecting
taxes duties &C. by act OF Congress- directly through
executive agents empowered 20 do bv Congress
Such divisions, ike the judicial referred
subject to change at the pleasure Of Congress The
reconsiruction military districts In the South are
examples Of dis'r,clng for specific and ten.
distinction between judicial geographical divisions and
Of any other kind which ever been created
by gress Until the Path OF septemb.r 1889, list
stat 70 et SEQ the judicial power Of the United states
not all vested Upon the passa Of the celebrated
act Of Congress of that date organizing the inferior
directly vested in the Supreme Court by the
vested in the courts created This proposition having
been laid down. after solemn argument BY the greatest
Of judges and since disputed must be accepted
as unqnuestionablo.
It follows from this that the power Of the LEGISLATURE
cannot 60 beyond modifying and changing from time
time as In their wisdom may seem expedient, the or
yanzaton OF the and the division Of tho country
into judicial provinces But having vested she judi
cial power which, a. instructed Congress
bound to do. that body cannot have the power to
vacate judicial tract But II is otherwise with
,t!tution has not Inhibited their total abolition At the
pleasure Of Congress- But there IL another why
Congress could not abolish the judicial districts Of she
Uned states, though they may. and frequently DO,
change their boundaries The constitution pr vdes:-
" In all criminal prosecutions the accused shall enjoy
The right to speedy and public trial BY an impartial
Jury Of the State and district wherein the crime shall
have been committed, which district shall have been
previously ascertained by law" (Amendment Const..
Art viz power to abolish all judicial districts would,
therefore, Se power to abolish all criminal jurisdiction
OF the United States, which would defeat the law
tho nation are, then, something NOR. than r.ts.
nue. provinces or reconstruction ovincesempioying
tho latter term for cearness OF distinction. Thou2h
subject ,he modification of their boundaries As may
ne az nedient the territorv embraced I'm them cannot b
either exonerated from, the power or deprived OF
tos 70, 'ne Ia'iouai nsounev VI yus.cc,
nsch,rarv IN, then on,v Wills rho ;ptsrrnntion con-
nne. N nrsvont tha ree,,,ay u6iriaI sittings vio
c.npo, ~ conr.a ronns FROM The sis,,rs ssS.
east Of all through mere construction OF It's acts,
80 WV" S19oS~ '"'' ~ ~
W., ,h., 4. ,ha Stair. ~ ,h., ira,c,., n,ovrcs
-n.h T. SassrrsssS no a.. ~" n,s,r ~ North caro-
ina" v,,h rssnsct ~ IN. ssncstv of cvi, nrocsssy
a. ,hs a., ~ ccner".s ~ ~. An ~ Juns l7oo n
,ns, ~. " sssS .s,s. .S s,o,. sSsu =. 80
district 20 be called the North Carolina district and
,hnra 81 ~ ~. :. n,s,rtc, s,o,r, sheve,r ', &c
NJ So ~ 70 - rssS 80, ,e.s "a 10, ,.,, -.
Dy .uo act VI io.u July, .ssv 70 o',r, %. ~ Pro-
sh .e% , - Stn T~a h ~ he MA en- ,hs AZ,
Wons.v IN lane ~ and ali actions ANTS annss,, re
sro,.,..s rite ~ rha,.o.rer
-. 'rh,r, -. be narr;nn IN s.d .o,r,s 90 ~
th.ra,n .h.I; hsvs dsv tS.ran snd ia b..rS
s,ah ,d.S th 81 S.c,S.S "'1 'e "'"N'
T h,s c, en.s,sd, II Iii M, hs nre,sndea TIA, an
49,, 80 Ssa,s A. ar rr,,.d s,.,s. has has, ,er..,as
-. ,rs,.ns.s " .var corgrss. has r,ns;,as 90
,,,,,oai ;d,csrra orcs 40, ahi,shed nv ~ nson. !,
.ls".on. .' ~ , - III !, Ss
.nv ;nni,ca,,on h., ne could he rec,rc,cd WITH M
o,Ser rs.son.Ss nsrnrs,a,on Of The ssin,s snnnoscS