The powers conferred by this order, it will be seen, are as great as can
be conferred by sovereignty itself,--"to hear, try, and determine all
causes, civil and criminal, including causes in law, equity, revenue,
and admiralty, * * * his judgment to be final and conclusive." Under
this commission, Judge Peabody proceeded to organize his court by
appointing his prosecuting attorney, marshal, and clerk. Thus organized
in New York, the court proceeded, by government transport, to New
Orleans, and commenced business. It was immediately filled with causes
of the first magnitude, and continued throughout its existence to
attract almost all of that class of business. The court held that it had
jurisdiction not only of cases originating in it, but that it had power
to review on appeal cases originating in other courts. It also ordered
causes pending and undecided in other courts transferred to itself, and
there decided and ended them. A cause pending in the circuit court of
the United States, on appeal from the district court of the United
States, was transferred by order of this court and decided. (The
Grapeshot. 9 Wallace 129). Mr. Seward, as he and Chief-Justice Chase
were dining with Judge Peabody, speaking of the supreme court of the
United States, said for the ear of the chief-justice: "His court has
some power in time of peace, no doubt, but none in time of war. It is
limited to a small class of cases, and in those usually to appellate
jurisdiction, and in all cases it is bound by law prescribed for its
guidance; in none of which respects was Peabody's court under any
limitation;" and (turning to Judge Peabody) he added: "Why, Peabody, all
the power of his court is not a circumstance to what you had in
Louisiana."
Public-domain text, read in full here on John Shaqi.
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