The American JudiciaryBaldwin, Simeon E. (Simeon Eben)
History
The American Judiciary
Baldwin, Simeon E. (Simeon Eben)
Courts -- United States; Law -- United States -- History
The federal courts can lend their aid to carry into effect a
right arising wholly from the statute of a State, even if it
affect maritime interests and must be enforced, if at all,
through an admiralty court. Admiralty suits, it is true, can
only be brought in the courts of the United States, but that is
the very reason why, if such a suit gives the only remedy,
jurisdiction of it should be entertained in the only sovereignty
competent to give relief.[Footnote: The Lottawanna, 21 Wallace's
Reports, 558, 580.]
There are many civil cases which can be brought, at the option of
the plaintiff, either in a court of the United States or in a
State court. Some of these, if brought in a State court, the
defendant can, at his option, allow to remain there or remove for
trial into the Circuit Court of the United States. Criminal
prosecutions by a State may also be removed, under certain
conditions, to the Circuit Court of the United States, when the
defense is one arising under the laws of the United States.
In any cause tried in a State court, if the decision turns on a
claim of right, set up under the Constitution, laws or treaties
of the United States, and is against its validity, the losing
party, if unable to secure its reversal by appeal to a higher
court of the State, can ask such relief from the Supreme Court of
the United States.
It will be observed that it is the losing party only who has this
remedy. If the State court decides, however erroneously, that
the claim of a federal right is well grounded, this is conclusive
as respects the controversy in that suit. If all State courts in
which the validity of an unconstitutional Act of Congress was
contested should uphold it, the courts of the United States would
be powerless to right the wrong, unless they were called upon to
enforce the statute in some suit brought before them for original
trial.
Public-domain text, read in full here on John Shaqi.
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