The Camden journal. [volume] (Camden, S.C.) 1866-1891, 1878-09-19

rant, and given, either expressly, o
by necessary implication. ~ Kent
CON-, 313. "Any act Of Congres
X which is repug
nant to the Constitution of the UnitS'
States, is necessarily '"-Ib, 314
The Constitution of the United State
Cart. 3, sec. 2,) defines and limits tn
juaicial power conferred by it in thi
language;
"The judicial power shall extend t
all cases in law and equity, arising unde
this Constitution, the laws Of the United
States, and the treaties made or which
shall be made under their authority; tt
all cases affecting ambassadors, otho1
public ministers and consuls; to all cases
of admiralty and maritime jurisdiction
to controversies to which the United
Statee shall be party; to controversies
between two or more States; between {
State and citizens of another Stat
between citizeus Of the same State
claiming lands under grants Of different
States; and between a State, or the
citizens thereof, and foreign States, citi.
zens or subjects"
It is clear that the United States
Courts have no jurisdiction of the mat
ter involved in this controversy BY
reason Of the character of the parties
1t is q case between the State of South
Carolina and citizons thereof, of which,
as such, there is no grant of jurisdic-
ton. It must arise, then, if at all, unde,
the clause affecting the subject matter
of the case, to wit: that which declares
that the judicial power shall extend to
oil cases in law and equity arising under
the constitution and laws of the United
States. "a case in the sense of the
constitution" says Mr.. Justice Story,
"is suit at law or equity, and arises
when some subject touching the consti-
tuition, laws or treaties Of the United
States is submitted to the Courts by a
party who asserts his rights in the form
provided by law."-Com. on Con-, Sd
VOL, p. 5O7.
Says Oh Kent, upon the case Of U.
S. vs.. Worrall, 2 Dallas, 384: "a case
arising under law, must mean n case
depending on the exposition Of law, in
respect to something which the law
prohibits or enjoins, and if it were sufi-
cient in order to vest q jurisdiction to
try crime, or sustain an action, that a
Federal officer was concerned and affect.
ed by the aot, source of Jurisdiction
would he opened which would destroy
all barriers between the judicial authori.
ties Of the.Stases and the general gov
.Ar4pnapt.""+1 p Comm. 322. 2
counsel, that the term "all cases in Law
and equity" employed in the constitu'
ton, do not import, in legal parlance,
criminal Jurisdiction. But. it has been
uniformly held, that it included al
offenses against the laws and coustitu.
ton of the United States, and that the
Fedora! Courts had such jurisdiction in
all cases of that character, where Con
gress has expressly conferred the juris'
diction and provided the punishment
Congress has nowhere exercised any
such power by couferring Jurisdiction
on any Court Of the United States, o.
the crime of homicide committed within
the limits of the State, where by reason
of the ccssion of territory and jurisdic'
ton. the United States had exclusive
authority. But, it is claimed, that un
der this Section CAB of the Revised
Statutes of the United States, providing
for the transfer of all cases in which off,
GERS of the revenue department are callee
in question, for an act done under color
of Office, or the authority of the revenue
laws, the jurisdiction is conferred b.
implication. This would be true, i
the United States courts were courts o.
general common law jurisdiction, but
as has already been said, they have nj
powers, even within the constitutions
grant. except such as are conferred
upon them BY. statute, defining tn
crime and prescribing punishment.
Now, the act done by these prisoner
gave rise to an indictment for murde
in the State Courts. 1t is contende'
that the act of Congress cited author
ICES the transfer to the Circuit Court o
the United States "tor trial." The Gil
cult Court could not, under the constr
tuition, entertain jurisdiction of the cas-
when transferred, unless it was a cas-
arising under the constitution of tn
United States, as has been alread
shown; and this case is not one so aris
ing. Referring to the definition quote
from c Chancellor Kent, it is not cas-
depending on the exposition of the cor
stitution or laws cf the United State:
| iu respect to something which the la'
prohibits or enjoins. 1t is case c
homicide, arising within the limits 9
the State, and to bo determined who'll
upon the principle of the common laV
and cannot depend upon the ezposltlo
of any law Of the United States, const'
tuition or statute. 1t is not therefore
case included in the judicial power
conferred by the Constitution, an
hence the United States Courts coul
not entertain jurisdiction. It cannt
be justified BY Art. Sec. 8, Clause l
of the constitution, which confers upo
Congress the power ''to make all Law
which shall be necessary to carry I'M
o,ecut;on the foregoing powers" b,