Life of James Buchanan, Fifteenth President of the United States. v. 1 (of 2)Curtis, George Ticknor
History
Life of James Buchanan, Fifteenth President of the United States. v. 1 (of 2)
Curtis, George Ticknor
Buchanan, James, 1791-1868
It has of late years been contended that this section of the judicial
act was unconstitutional, and that Congress do not possess the power of
investing the Supreme Court with appellate jurisdiction in any case
which has been finally decided in the courts of the States. It has also
been contended that, even if they do possess this power, it does not
extend to cases in which a State is a party. On this branch of the
question, we would refer the House to the very able and conclusive
argument of the Supreme Court of the United States, in the cases of
Martin _vs._ Hunter’s Lessee (1st Wheaton, 304) and Cohens vs. the State
of Virginia (6 Wheaton, 264) by which the affirmative of these
propositions is clearly established. It may be proper, however, that we
should make a few observations upon this part of the question. Those who
have argued in favor of these positions, assert that the general words
of the Constitution, extending the judicial power of the Union “to all
cases, in law and equity,” arising under the Constitution and laws of
the United States, ought, by construction, to be restricted to such
cases in law and equity as may originate in the courts of the Union.
They would thus establish a limitation at war with the letter, and, in
our opinion, equally at war with the spirit of the instrument. Had such
been the intention of the framers of the Constitution, they well knew in
what language to express that intention. Had it been their purpose to
restrict the meaning of the general language which they had used in the
first clause of the section, they could have done so with much propriety
in the second. This clause, after providing “that, in all cases
affecting ambassadors, other public ministers, and consuls, and those in
which a State shall be a party, the Supreme Court shall have original
jurisdiction,” proceeds to declare “that, in all the other cases before
mentioned, the Supreme Court shall have appellate jurisdiction, both as
to law and fact, with such exceptions, and under such regulations, as
the Congress shall make.” On the supposition contended for, it is wholly
unaccountable that the framers of the Constitution did not limit the
natural effect of the words used in the first clause, by making the
second to read “that, in all the other cases before mentioned,” arising
in the inferior courts of the United States, “the Supreme Court shall
have appellate jurisdiction.” But no such restriction exists; and, from
the fair import of the words used in both clauses, the Supreme Court
possess the power of finally deciding “all cases, in law and equity,”
arising under the Constitution, the laws, and the treaties of the United
States, no matter whether they may have originated in a Federal or in a
State court, and no matter whether States or individuals be the parties.
Public-domain text, read in full here on John Shaqi.
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