Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1875-10-27
Nafrhnan & Journal
WEDNESDAY, OCTOBER 27, 1875.
for the watchman
The Federal Courts-.-The Laws They
Recognize.


ny 1onS N. srEARSs, cotSsrttoR A. LAW
The Declaration of Independence makes a
profert Of principles affecting the rights Of
man, the object and ends Of government, the
essential franchises of free state, and in
what bodies and individuals these ought
to be vested. Thus far, this document is a
part of the public law Of the land, and as
modified and set out aud elaborated ia the
constitution of the United States, is re.
spected by our highest courts
Then the acts of Congress, where no local
| jurisdiction is prescribed within them, are
TO be construed and enforced under the eN-
elusive jurisdiction Of the federal courts.
But in the construction aud application Of
acts Of Congress, they are neither aided nor
restricted by any thing extrinsic TO their
language aud provisions
The intendments Of the laws Of the United
States are 10 be found intrinsic in each and
every OF those laws, and not to be affected or
modified by antecedent theories or precc.
dents. But fair aud full force is to be given
TO the language of these laws that they may
need no extrinsic aid TO realize their objects
aud office. "The force Of the statute ia such
case made and provided fills the entire
scope Of these laws aud their powers. IN
adjudications nnder these laws the decisions
Of the federal courts are the only binding
authority. The federal courts have exclu.
sive jurisdiction ia the construction Of
treaties with foreign governments though
it has happened that state courts have some
times, under writs Of haJeds corpus, or other
wise, assumed to investigate the claims for
the extradition of alleged criminals under
treaty stipuations but the federal courts, or
United States commissioners, are the proper
tribunals for such an enquiry. As between
state and state the surrender is made by the
executive, under such inquisition as may be |
thought proper
The construction Of treaties can only be |
aided by prior treaties--if any existed-or 1
by protocols that entered into their negoiia- I
tom and such construction must be para
mount 10 local or general domestic law. In .
cases Of admiralty aud maritime law, the |
customs recognized between commercial ma
tions, in the absence OF treaties, must deter |
mine the controversy. The only common /
law jurisdiction recognized by the consttu- .
ton is Ia the eases Of criminal trials
though trials by jury, in some civil cases,
are allowed, unless waived by the parties.
In the several classes Of cases named, the .
jurisdiction of the federal courts would end, /
We're it not for the jurisdiction given to cir
cult courts Of the United States to try all is- .
sues joined between citizens of different /
states, though the controversy arose under |
local laws, and by such laws the adjudica. /
ton must be controlled Then, where /
parties lidgant in state courts belong to diff |
lerent states, or one party is corporation |
whose franchises extend to more than one
state, or the matter OF the action is one in |
which the federal aud state courts have con- |
current jurisdiction. or the constitution and
laws OF the United States come in question, |
a writ of error may be certified from the al /
iudication OF the highest state courts 10 the /
Supreme Court OF the United States, for |
final determination. In all such eases the |
law Of the state where the suit arose must |
govern the final determination of the case. /
In states where the common law has been
adopted, aud cases happening under that |
and the statutes Of the state come 10 the /
United States Supreme Court these local |
laws must follow it to the end. But in ease |
the Wi; Of error is certified from the highest /
court Of the state Of louisiana where the |
common law has not been adopted, but the |
civil Law is the basis Of local Jurisprudence, /
aud where peculiar local laws, or that of |
" bIHHe," have grown up indigenous to the /
country. the local laws so prevailing, and as |
settled by local jurisprudence, must control |
the United States supreme Court in its final |
judgments
Thus the Chief Justice OF the United |
States, aud his Associated Judges compos- /
ing the Supreme Court, are forced to become |
familiar not ouly with the body of laws and |
preeedents peculiar 10 matters pertaining to |
the exclusive jurisdiction Of the United /
States Courts, cases arising under the con
stitution aud laws of the United States, and |
treaties with foreign governments in eases
Of admiralty and maritime law, or that are |
affected by the law of nations; but they
must be posted in the local laws and juris-
prudence of every state, territory and dis
trict embraced in the nation. True, the
briefs of counsel are expected to bring be-
fore the court the peculiar laws and author
tiles affecting each case under consideration
but this does not relieve the judges from the
exercise of judicial discrimination, and
severe analysis of the laws sought to bo APP
piled in determining controversies.