Bristol news. [volume] (Bristol, Va. & Tenn.) 1867-189?, 1871-02-03

before mentioned, the Supreme Court
has only appellate Jurisdiction, exeep-
ting in those affecting ambassadors,
public ministers or consuls and those
in which State is a party. The llth
Amendment to the Constitution
which became valid in 1913. Restraints
the judicial power of the Federal courts
from attending to any suit commenc-
ed against one of the United States,
by citizens OF another State, or 10y citi-
zens or subjects of any foreign State.
No change was made in the Organi-
Zation of the Federal courts until Feb
ruary, 1891, when the Associate Justi-
ces Of the supreme Court were reIlev-
ed of the duties of circuit Judges, and
five of the circuits were to have each
judges appointed by the President,
who, withatlle local district judge
should form its court, and these courts
had appellate jurisdiction in appeals
from the district courts. Mr.. Adams
then. in the last month of his adminis-
tration, fastened to nominate these
Judges, who were afterwards called
midnight judges, from the probably
erroneous suppoSition that some OF
them were appointed llear midnight OF
the Sd of March, 1871, at which hour
expired the administration of John
Adams, 80, . .--.
Thomas Jefferson was iuaugurated
the morning following, and shortly
afterwards Congress repealed the law
of February, lSOl, under which these
midnight judges were appointed, not
withstanding the violent opposition OF
the leaders Of the Federal party. who
had hoped through them to curb the
State right procIivities. of Jefferson,
and his Secretary of State, Madison
The repeal of this law restored the or
ganization of the Federal courts to
States, as fixed in 1880.
The first Chief Justice of the Su-
preme Court of the United States, was
John Jay, of New York, appointed
by Washington, in 1889, he resigned
in 1895.
The second was John Rutledge, of
South Carolina, appointed by Nash
ington. in 1875. He was rejected by
the Federal Senate, on account of his
democracy, in December of the same
year. W
Connecticut, appointed by Washing
ton. in 1876. lie resigned i'm 1900.
The fourth was John Marshall, of
Virginia, appointed by ADAMS, in
1850. He died in office, in 1885. 81
The fifth was Roger B. Tauey, of
Maryland, Appointed hy jackson, in
1896 He died in office, in 1864.
The sixth is Salmon p. Chase. of
Ohio appointed by Lincoln, in 1864
u,,A ,,s,..r III, iii ,aa ..
The centralizing charges 10 juries,
and legal decisions of Jay and Els
worth, claiming more power to the
Federal Government than n proper
construction of the Constitution would
authorize. did much TO nourish the Bit
ter hatred that arose, during the ad-
minislratiou OF Washington and Ad-
ANS, between the Federal and Rcpubli-
can parties. and aroused in the South
ern States OF. the Union, a Jealous fear
of Federal uSHrpation, which found
vent in Gsdison's Virginia Resolutions
of l7gS. and IN the Kentucky Resolu-
tions written 10y Thomas jefferson.
The first CO.umIsts OF most of the
American States, adopted 50 much of
Uncommon and statute law Of Eng
land as pleased them, or as they found
suited to theirl0cal condition, making
changes and additions sometimes by
expreSS legislation. and sometimes by
common Usage but the common law
of England was never a uniform law
to the whole territory comprising
thirteen States the laws of most of
them were therefore 20 be regarded as
offs boots of the common law OF Eng
yiand, and were based on thesfeudal sys-
tenn. but the grants made by the sever
al States to the Federal Union in the
Constitution, did not convey the com
mon law. 4et werfind that Chief
Justice Jay, in the caseof a man nam
ed Heniield, who had been Indicted,
charged the grand jury that the FEEDER
al courts, byavirtue of the common
law, independent of any statute, had
power to punish offences against the
United States and Chief Justice ELS
worth, i'm 1888, in the case OF the Uni
ted States versus Ravenna assented to
the same doctrine.
Judge Chase, although an ultra and
abusive Federalist, in 1T97, in the ease
of the United States versus w ORA !,
expressed different opinion, as did
Judge Washington and Chief Justice
Marshall, at later periods, until the
question was finally decided in the
negative, in the case of the United
States versus Hudson.
In 1893, in the case OF Chisholm YER
srs the State Of GeorgiI Jay decided
that a State, being,an aggregate. Of in
dividuais. and its sover.ignty subordi-
nate to that of the United States, il
was sneable in tire Federal courts
This decision, and a suit commenced
against the State of Massachusetts,
led to the adoption of the XI Amend
ment to the Constisution, which pro-
vides % that the judicial power of the
United States shall not be construed to
extend TO any suit in law or equity,
commenced or prosecuted against one
OF the United States, by citizens OF
another State, or bycitiZensors subjects
of any foreign State ss--
Jays decision in 1894, iE Glass YER
sus Sloop Betsy, that the Federal
courts had sole jurisdiction in cases OF
captures on the high seas, was impor-
tant, as was also regarded Ellsworth.
i'm 1886, i'm United states versus Hyl-
ton. that duty on carriage was not a
direct tax. I+t
The most important Constitutional
questions came mp, however, before
Chief JUST . Marshall. For exam
ple-the ease of Marhury versus Madi-
son. in 1903. in which, because Madi-
son, rs Secretary of State. refused To
deliver to Marbury Il commission. as
Justice Of the peace, which bad been
signed by Mr.. Adams, prior to the
lapSe of his Office as President, elected
the opinion of theSlfpreme Court that
when a commission has been sigaed,
and the seal Of the United States affix-
ed. it Is complete and to Withhold it is
a violntbn OF a ycsedFight; but the
Supreme Court has oautlfoTity to is
sue a writ Of mandaniuS. to tive Secre-
tary Of state. and that the act of Con-
gress. authorizing the Supreme Court
10 issue writs Of -mandamus, is. in that
respect. .uncon-titntiunal. therefore the
application of Marhury for writ of
mandamus was dismissed.
The case ST the United States versus
Fisher. ct al. in lSa5. decided that the
law giving the United States.a prefer
ence over othercreditors of a alankrupt
is CONSTITUTIONAL. - w~~ -