The Pulaski citizen. [volume] (Pulaski, Tenn.) 1866-current, 1872-02-08

-uE ISL ann "a DC%ttutts u tLaI otA
Article Of tie Constitution Of the
United States, as it now stands, and
as it existed ct tie time ofthe pass
age Of these several internal reye-
nue acts. Section Ist Of the
article referred to provides that
{" Che Judicial power Of the United
States shall be vested in one Su
preme Court and such inferior
Courts as Congress may from time
to time erdain and establish. The
2d section Of the same article pro
vides that ethe Judicial power shall
extend to all eases, in lay and>
equity, arising under the Constitu-
tion, the laws Of the United States
and treaties made, or which shall BE
made, under the authority" etc.
The first section of this article erea-
ates the Judiciary, ana the second
the jurisdiction upon the
Court thereby created, and then to
be ordained and established by
Congress the power and authority
to adjudicate ali cases and ques-
tions in law or equity arising upon
Che construction Of the provis-
ions of that instrument, or
:. the laws Of the United States
the acts Of Congress passed there
under, and in pursuance thereof.
The power Of adjudicating ques-
tons Of Law, eqaity AID fact are
expressly limited and restricted BY
these sections to the judicial de-
partment Of the general govern
ment These sections do give the
adjudication Of such matters TO the
other coordinate departments of
the government; nor do they au-
thorize Congress to delegate such
power and authority to the exeeu-
tive department or any member
thereof; nor do they authorize
Congress to appoint commissioners
and clothe them with sach func-
tions. The supreme Court IS the
creation Of the Constitution, the IN
ferior Courts are the creatures of
CongYess-deriYe their existence in
the acts of that body, and when
thus created are each clothed with
power and authority to hear and de
teFmine all questions of law and
eqnity originating in and growing
out Of the Constitution and the
acts of Congress, passed in pursu-
ance thereof
The language Of the It'll Article
to the amended Constitution Of the
UnitedsStates proposed by the first
Congress that convened after the
independence Of the Colonies, and
which was 1879, reads thus: SIN
suits at common law, when the val
ne in controversy shall exceed
twenty dollars, the right of trial by
jury shall be preserved and no fact
tried by jury, shall be otherwise
rc-examined in any Court of the
United States than according to
the rules Of the common law"
This right of trial BY jury was
one of the antilles of the Magma
Charta-one OF the provisions Of
the Bill of Rights-that the barons
sword in hand, extorted from John
King Of England, in the year 1915
and under the rules of the common
law that was founded upon thi.
great provision of the Bill Of Rights
the English subject was entitled te
the right Of trial BY jury without re
gard to the value in controversy
but this article of the Federal Con
stitution has innovated the rule o.
the common law, and restricted the
provision as it originally existed ii
the Bill Of Rights, relative to tho
subject matter of the litigation
touching and restricting the juris
diction Of the Federal Courts tt
sums exceeding twenty dollars 81
value Notwithstanding this change
OF the rule of the common law in
the Federal Courts, the right o.
trial by jury, where the sum in
volved is less than twenty dollars il
value, is still preserved. The Jus
tees of the Peace Of the different
States have exclusive jurisdiction
Of sums of less value than twenty
dollars. and if either party is dis
satisfied with the Judgement of th'
Justice, he has right Of appeal t
a court Of superior Jurisdiction
when a jury viii be empanuelled t.
determine the rights Of the parties
litigant.
The origin Of this boosted RICH
is not exactly known. Historians
and w-writers are not agreed OF
the question. Some claim for it +.
beginning with the Romans, Will,
/ others assert that its birthplace
was England, in the reign OF ALFRED
! the Great, It has considerable an
tiquity, and has been, in every ag'
since its incorporation in the Blag
ina Charta, esteemed with great fa
vor as one Of the safeguards anC
defenders Of the citizen, in person
AID propesty. both in Great Britain
and America; and it has been TIT
policy OF the State and Fedora
legislation Of this country to pro
serve and perpetuate this right ant
protection of Of the citizeEs and i
has been rashly violated, and in NJ
act SO palpably and 6agrantly as il
the passage Of the Intseaal Revenue