, 1872-12-13

may be granted to it BY oct Of Congress-. An
act OF Congress grants to the Supreme Couft |
Admiralty, and this Court has decided on at /
least five distinct occasions, that the express |
power as to Courts OF Admiralty implies the
exclusion Of the power as in other courts, and |
Mr. Phillips, himself, in his book on the Prac- |
tce Of this Court, has correctly stated the law as
it is. That this Court has no such general su-
peryisory Jurisdiction as belongs to the Court OF
Kings Bench, and, indeed, mono whatever ex-
Congress-.
Senator Carpenter, on the same side, con-
tended that by the Judiciary act Of 1888, the ap-
pellate power Of the Supreme Court in regard to
to the power to review the final decrees: that
this Court had no authority to entertain IN ap-
peal from an interlocutory order OF decree Of the
Court below, whether the Court below Was pro-
Gseaing within or without it's jurisdiction; sSa:
below, t's whieh has '' not Jet reached a
final decree, and may never reach such decree.
There is, therefore, to-day, no appellate power
will be, unless that cause shall reach q final
decree in the Court below. Mr.. Carpenter
contended that the Fifteenth Amendment to the
| Constitution guarantees not only the right to
vote, but that the ballots when properly
| and be made enicacious. Mr. Kellogg
| claims that had the votes which
we're properly offered been received and counted,
| he would hare been elected, anfhe brings suit
| in equity in the Circuit Court to restrain such
canvass, and this suit is progressing IN the
| Court below, but has not reached yet hnal
decree. 1t is, therefore, impossible to maintain
that the Court below has usurped any authorlty'
A case is properly before it IN which IT may a.
| properly determine the question in dispute be-
tween parties, and this Court can not interfere
until after the final decree shall DO rendered.
Attorney General Ogden, Of Louisiana, closed
the argument. Ho said Il surely Was Startling
and international reputation declare in the
Supreme Court Of this country that he could gee
no usurpation upon the face Of the papers filed
in this cause. If it be true that so distln-
guished q, gentleman can see no usorRac I4ac
rights Of the State, then indeed there
was cause to fear that the foundatlons OF onr
American system had been destroyed, and the
dearest rights OF the people sikntly stolen Il from
them. He said that the only hope for hls State
VAS in the action of this Court; that if it could
afford no remedy then it Was apparent that
detect OF the most fatal character existed in ou1
political system. He predicted that if Louisiana
was stricken from the flag as free State By
this action, her fate would be but the beginning
Of the end, and from this date would commence
arapid dissolution Of State Governments.
Tie Hon. T. J. Durant appeared for Acting
Governor Pinchback, but the Court declined t.
hear further argument On that side, two counse
having already been heard.
MIR. JouSsoN's OPINION.
.. The Hon. Revordy Johnson, who was IN Court
remarked, after the argument was concluded
that, if it we're an original question, he shout
think H1r. Phillips vas right, but, as it had bee
go many times decided the other way, his Vle'
would hardly prevail.
THE DEFICIENCY BILL.
The House Deficiency bill, reported to-day
appropriates 81, 500, 900, including $203, 600 &c
the payment Of the Abemarle prize money.