ed, the Constitution seems designedly to have dropped the word " all," so as not absolutely to extend the jurisdiction of the Federal Judiciary to "all controversies," but merely to "controversies," in which the United States are a party, or between two or more States, or between citizens of different States, &c. and has left it to Congress to qualify the jurisdiction, whether original or appellate, in such manner as public policy may dictate.

349. Whatever weight is due to this distinction, it is manifest that the Judicial Power is, in some cases, unavoidably exclusive of all State authority, and in all others enumerated in the Constitution, may be made so at the election of Congress; and the Judiciary Act accordingly assumes that, in all the cases to which the Judicial Power of the United States extends, Congress may rightfully vest exclusive jurisdiction in the national Courts.

350. The Criminal and the Admiralty jurisdiction, are necessarily exclusive; and it is only in those cases where, previously to the Constitution, the State tribunals possessed jurisdiction independently of national authority, that they can now exercise a concurrent jurisdic

tion.

351. The exercise of appellate jurisdiction is not limited by the Constitution to the Supreme Court. Congress may create a succession of inferior tribunals, in each of which it may vest appellate, as well as original, jurisdiction. But in all cases where a concurrent original jurisdiction is vested in the Supreme Court by the Constitution, it must possess an appellate power over the decisions of those Courts upon which Congress confer, in the same cases, concurrent jurisdiction, whether in its original or appellate form.

352. The appellate jurisdiction of the Supreme Court is alone declared by the Constitution, to be subject to such exceptions and regulations as Congress may prescribe; so that, in cases falling within that jurisdiction, it alone remained in the discretion of Congress, to provide for the exercise of the Judicial Power in all the various forms of Appeal.

353. The appellate Power of the National Judiciary is not limited to cases pending in the Courts of the United States; for if it had been so limited, the jurisdiction of the Federal Courts must have been exclusive of the State Courts, in all the cases enumerated in the Constitution.

354. As the Judicial Power of the United States extends to all cases arising under the Constitution, Laws, and Treaties of the Union, and to all cases of Admiralty and Maritime jurisdiction, &c. the State Courts cannot, consistently with the express grant of the Constitution, entertain any jurisdiction without the right of appeal; otherwise the appellate jurisdiction of the Supreme Court, as to those cases, would be defeated, contrary to the manifest intent of the Constitution.

355. The appellate Power of the Federal Courts must, therefore, extend to the State Courts, so long as the latter entertain any concurrent jurisdiction over any of the cases which the Constitution has declared to be within the Judicial cognizance of the United States.

356. The Constitution contemplated that such cases would arise in the State Courts, not only in the ordinary exercise of their concurrent jurisdiction; but that those tribunals would incidentally take cognizance of questions under the Constitution, Laws, and

Treaties of the United States, of which the National Courts have exclusive jurisdiction; and as the Judicial Power of the Union embraces both classes of cases, by the very terms of the Constitution it extended the appellate jurisdiction of the Supreme Court to the State tribunals, by making it attach upon every case comprised within the Judicial Power of the General Government.

357. This appellate jurisdiction is required, to give efficacy to the power of deciding in all cases of conflict between the several States, or of collision between the powers claimed by a State, and those claimed by the United States; and to maintain the supremacy of the Constitution, Laws, and Treaties of the Union, over the Constitutions and Laws of the several States, as well as to preserve uniformity of decision throughout the United States, upon all subjects embraced by the Federal Constitution.

358. The appellate Power of the Federal Judiciary over the State tribunals, extends to a final judg ment in a State Court, in a case within the cognizance of the Union, although a State be a party; and the amendment declaring that the Judicial Power of the United States is not to be construed to extend to any suit in Law or Equity, commenced or prosecuted against a State by an individual, does not apply to a Writ of Error, as it is not a suit against a State, within the meaning of the Constitution.

-359. Jurisdiction is given to the Courts of the United States in two classes of cases; in the first, it depends on the character of the cause, whosoever may be the parties; and in the second, it depends entirely upon the character of the parties, and it is then immaterial what may be the subject of controversy

360. In an ordinary case of a controversy between a State and one of its citizens, an Appeal does not lie from the State to the Federal Courts, for, in such a case, the jurisdiction is determined by the character of the parties; but when, in a suit between a State and one of its citizens, the validity of an act of Congress is drawn in question, and the decision is against its validity, the appellate Power of the Supreme Court extends to it, because, in all cases arising under the Constitution, the Jurisdiction of that Court may be exercised in an appellate form, whoever may be the parties.

361. Neither does it make any difference in cases arising under the Constitution, Laws, and Treaties of the Union; whether the cause in which the appellate jurisdiction of the Supreme Court is exercised, be a criminal prosecution, or a civil controversy; as the parties are not less interrested in the operation of an unconstitutional Law, nor less entitled to the protection of the Constitution, when the judgment of the State Court inflicts a disgraceful punishment, than when it merely affects their property.

362. The Supreme Court is, moreover, clothed with that superintending authority over the inferior Courts of the United States, which is requisite and proper in the highest tribunal, and last resort for justice, of the people of the United States; and consequently it has power to issue prohibitory and mandatory writs in cases warranted by the principles and usages of Law, to any Courts appointed, or persons holding office, under the United States.

363. All the Courts of the United States have power to issue all writs not specially provided by statute, which may be necessary for the exercise of their respective jurisdictions, and agreeable to the

principles and usages of law; and the individual Judges may, by writ of Habeas Corpus, relieve the citizen from all manner of unjust imprisonment occurring under, or by colour of, the authority of the United States.

364. Under the power granted to Congress, to erect tribunals inferior to the Supreme Court, Circuit Courts are established in each of the Judicial Districts (with some few exceptions) of the seven Circuits, into which the United States are by Law divided.

365. Some Districts are not embraced within any Circuit, and have merely District Courts; which, however, exercise the powers of a Circuit Court, within their respective districts, except in cases of error and appeal; and writs of Error and Appeals lie from their decisions, directly to the Supreme Court, under the same regulations that apply to the Circuit Courts of other Districts.

366. In the District of Columbia, (which comprises the Territory ceded to the United States for the seat of the General Government, and is under the exclusive jurisdiction of Congress,) there is a Circuit Court composed of a Chief Justice, and two Associate Judges.

367. In each Judicial District comprehended with in the seven Circuits, two sessions of the Circuit Court are annually held by one of the Judges of the Supreme Court, and the Judge of the District Court; and to each Circuit respectively, a particular Judge of the Supreme Court is assigned by Law. But the Supreme Court, in cases where special circumstances in their judgment render it necessary, may assign two Judges of the Supreme Court to attend a Circuit Court.