The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1867-01-22

other method of reaching the Supreme Court.
The frst and fundamental position OF the
Chicago Tribune is, that Congress can crcum-
scribe and limit the appellate jurisdiction of the
Supreme Court al pleasure. It supports this
position by the following reasoning and authori-
ties;-
ticle III defines the cases in which the United
States tribunals shall have jurisdiction, aud the
second clause of the same section declares that
in all cases affecting ambassadors, other public
ministers and COnsuls, and those i'm which a
State shall be party, the Supreme Court shall
have original Jurisdiction. In all other cases
before mentioned Il. e., all other cases of which
United states Court may take cognzance),
the Supreme Court shall have appellate iuris-
diction both as to law and fact, with such ex-
ceptions and under such regula ions as the Con
gress shall make The only Limitation placed
upon the power OF Congress to distribute the
jurisdiction created by the Constitution is that
the Supreme Court shall have CTiqindI iurisdc.
ton IN the cases OF ambassadors, etc. and Qp
peHdte jurisdiction in other cases; but this aD-
pellate jurisdiction is, In so many words made
SUBJECT to any exceptions or regulations that
Congress may see fit TO make or establish. In
Olher words, the cases IN which the Su-
preme Court has original jurisdiction are
enumerated by the Constitution, but the
appellate jurisdiction s altogether subject to
the will OF Congress. 1t was said by the Su-
preme Court, in the case of Durousseau VS.. the
United States, Cranch 3l4 the appellate
powers OF the Supreme Court are given by the
constitution; but they are limited and regulated
ny the acts OF Congress- And UNITED States
VS.. Curry, ibid ll3) must be exercised in the
mode therein prescribed" Thus it will be seen
that the power of Congress is without limit so
tar as the appellate jurisdiction of the Supreme
Court is concerned, and that tribunal has no
oJher than appellate Jurisdiction except i'm cases
affecting ambassadors other public ministers
and consuls, and those in which a State shall
oe party Nearly all the business OF tho
SUPP eme Court is under its appellate iurisdic-
ion-the cases in which it has exercised
original jurisdiction are very few comparatively
and all the most important cases in which the
conshtutonalty OF the acts of Congress have
been called in question have been appeal cases.
1t is necessarily So owing to the limited class
OF cases in which the Supreme Court has orig-
nal jurisdiction; and that tribunal has itself
decided (Marbury VS.. Madison, l CraGch, 1877
that Congress has no power to confer original
jurisdiction on the Supreme Court 'in other
cases than these enumerated in the Constitu-
uon.' 1t is thus made evident by the almost
unlimited power which the Constitution gives
Congress over the organization and Jurisdiction
OF this tribunal that the fathers of the republic
had no intention OF permitting it to become a
political power to thwart the will ofthe people,"
Even If we were to admit all that is here con-
tended for, 1t is nothing to the purpose. Con-
gress can, to be sure, make exceptions to the
appellate jurisdiction Of the Supreme Court; but
II they should withdraw all questions affecting
State rights, what would be the consequence?
All laws are dead letter without appropriate
Judicial machinery TO enforce them; hence to
except any particular statute from che iursdic-
ton of all tribunals, would virtually repeal il.
A law OF which no court can take cognlZance,
is law which, for all practical purposes does
not exist. All that could be done, then, under
the clause OF the Constitution on which the
chicago Tribune relies, would be TO declare that
the class OF laws with which the radicals are
unwilling to trust the Supreme Court shall be
finally adjud Gated upon by the District and
Circuit Courts, without appeal. This would only
81 lfinrl
shows a gross misConception of judicial funr-
tlons to suppose that it is only Che Supreme
Court that can pronounce on the Coustitu-
tionality OF laws. This function is not conferred
on any OF our courts by statute, but inheres in
them all by necessity. No court can decide ana
case without deciding what is the law that
Governs it; and If there be two contradictory
laws, II must decide which of the two is bind
ing, Oh II cannot decide the case at all. Hence,
IN every country where the Legislature is
limited oy Il written constitution, every
court, high or low, which finds u law in
contlct with the constitution must neCes-
sarily treat the law as void; the judges being
all sworn to support the constitution, which,
by its own nature, is paramount. Now the
KIND OF laws the radicals wish to run into the
southern States past the ockade of the Su-
preme Court, would not operate oppressivey
on the North, and cases arising under them
would not be brought into the Northern Courts
In the south, the District and Circuit Courts
would pronounce them unconstitutional with
as much certainty as the Supreme Court; and
as no appeal could be made, these decisions of
the Southern judges would be final. If the
radicals wish TO try this remedy we congratu-
late them on their hOpefulness.
The whole idea OF thus limiting the appellate
jurisdiction Of the Supreme Court is eXquistely
pfeposterous. Tie purpose Of having Supreme
Court 1T all, Is to secure a uniform lnterpreta-
tiOn OF the laws. But if The most important
cases are forbidden TO be carried up, they Will
be subject to as many jarring interpretations as
there are different inferior courts. What, then,
II may be asked, does the Constitution mean
when 1t declares that the Supreme Court snail
have appellate jurisdiction, with such eXCep.
lions and under such regulations as CONGRESS
shall make ~ 1t Is precauuOn against flooding
the court OF last lesort with multltudes of petty
cases, 10 consume its time and waste the energy
OF It's Judges on minor questions. IL was so
understood by the first Congress, which, in
passing the judiciary act, excepted from the ap-
peuate jurisdiction Of the Supreme Court suits
WheIe the matter in controversy is less than
TWO thousand dollars. Limitation of the facility
OF appeals Is also necessary to prevent appeals
Oclhg dshonestly resorted to Tor postponing
the execution of the Judgments of the lulerior
courts. 1t Is under the same clause OF the Con-
sutuuon that appellants are required by Con-
Rress 10 give security for the payment of iuGg-
ments and costs, and that the time IS limited
Wllhln which appeals can be brought. This
KIND OF regulation is reasonable and necessary,
ana is properly entrusted TO the discretion of
Congress; but the idea that Congress can screen
any class OF laws from being set aside if they
- 80 r w VIC olslltullOn, Oy WlLhnOlu-
ing lhem from the jurisdiction of the court, is
supremely absurd. The Supreme Court would
SET aside the very law making the exception.
Advancing from the Chicago I5ibune's gene
RAJ principle to its particular application, we
Ia dall 10 discover any connection or conference.
Inc superstructure might as easily have been
raised on any other foundation, or on none.
tions:-
ut having been made apparent by two recent
GeClslons mat 1t is the deliberate purpose of the
supreme Court to thus usurp the Legislative
powers of the Government to defeat the will of