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327. But the Acts of Congress declare that this Court shall consist of the Chief Justice and six associate Judges, any four of whom constitute a quorum; and they also direct, that it shall hold one term annually, at the seat of the national Government, commencing on the first Monday in January:
328. Although the presence of four of the Judges is required for the general business of the Court; yet any one or more of them may make all necessary orders in a suit, preparatory to the hearing or trial ; and it is made the special duty of a particular associate Judge, to attend at Washington annually, on the first Monday in August, for that purpose.
, 329. The Constitution vests in the Supreme Court, original jurisdiction in all cases affecting Ambassadors, other public Ministers, and Consuls ; and in those in which a State may be a party; but the jurisdiction conferred in relation to suits and proceedings against foreign Ambassadors and Ministers, and their domestics, is only such as a Court of Law can exercise consistently with the Law of Nations. .
330. In all the other cases enumerated in the Constitution, it vests in the Supreme Court “ appellate jurisdiction, both as to the Law and the fact, with such exceptions, and under such regulations, as Congress shall make." . .
331. In suits and proceedings against-Ambassadors, or other public Ministers, or their domestics; and in all controversies of a civil nature, where a State can be made a party, except in suits by a State against one or more of its citizens, against citizens of other States, or against aliens, the original jurisdiction of the Supreme Court is rendered exclusive by Con. gress,
· 332. In suits brought by Ambassadors, or other public. Ministers, or in which a Consul or a Vice Consul is a party, and in suits by a State against one or more of its citizens, against citizens of other States, or against, aliens, its jurisdiction remains concurrent either with the inferior National Courts, or with the Courts of the several States.
333. It has been made a question, however, whether the whole original jurisdiction of the Supreme Court, was not intended to be exclusive, both of the inferior Courts of the United States, and of the State Courts. But if any portion of this original jurisdiction may, in the discretion of Congress, be shared with other Courts, it cannot be enlarged. · 334. Congress can neither invest the Supreme Court with original jurisdiction in those cases in which the Constitution declares that its jurisdiction shall be appellate, nor invest it with appellate jurisdiction in those cases in which the Constitution de clares that it shall be original..
. . 335. The cases in which a State is a party, to which the original jurisdiction of the Supreme Court extends, either exclusively or concurrently, must be cases in which a State is either nominally or substan. tially the party; and it is not sufficient that a State may be consequentially affected.
336. Although the Judicial Power of the Union extends to controversies between a State and foreign States, Citizens, or Subjects, and the Constitution gives to the Supreme Court original jurisdiction in all such cases; yet the Indian Tribes" are not considered “ foreign States," within the meaning of the Constitution.**
. . 337. The most usual modes of exercising appellate
jurisdiction are by Writ of Error, which is a Common Law process for the removal of a suit from an inferior Court, but which removes nothing for re-examination but the Law of the case; and by - Appeal, which is a proceeding of Civil Law origin, and removes a cause entirely, and subjects the facts, as well as the Law, to a review and re-trial,
338. Writs of Error are applicable only to suits at Law tried by a Jury; whilst Appeals are adapted to cases of Equity and Admiralty jurisdiction, and it is declared, by an amendment to the Constitution, that " in suits at Common Law, where the value in controversy shall exceed twenty. dollars, the right of trial by Jury shall be preserved : and no fact tried by a
Jury shall be otherwise re-examined in any Court of - the United States, than according to the rules of the
Common Law:" which is a prohibition to the National * Courts, to re-examinę facts tried by a Jury, in any other manner.
339. Final Judgments and decrees in Civil actions, and suits in Equity, in the Circuit Courts of the United States, whether brought there by original process, or removed thither either from the State Courts, or from the District Courts of the United States, in the enumerated cases of Federal cognizance, of which the Supreme Court has not the exclusive original juris diction, and where the matter in dispute exceeds the sum of two thousand dollars, may be re-examined, and reversed or affirmed in the Superior Court. .."
340. Final Judgments and decrees of the Circuit Courts, in cases of Admiralty and Maritime jurisdiction, and in prize causes, where the matter in dispute exceeds the same amount, may be reviewed on Appeal in the Supreme Court; and in Admiralty and prize causes new evidence is admitted on Appeals, conform,
ably with the general doctrines and usages of Appellate Courts of Admiralty.
341. A final Judgment or decree of the highest Court of Law or Equity in a State, may be brought up, on the allegation of error in point of Law, to the Supreme Court of the United States, in the following cases, viz: : í. If the validity of a Treaty, of an Act of Con
gress, or of an authority exercised under
the Government of the United States, was i drawn in question in the State Court, and
the decision was against that validity. 2. If the validity of any State Law or authority,
was drawn in question on the ground of its repugnancy to the Constitution, Treaties, or
Laws of the United States, and the decision - was in favour of its validity. 3. If the construction of any clause of the Con
stitution, or of a Treaty, or of a Statute of - the United States, or of a commission held
under them, was drawn in question, and the decision was against the title, right, privilege, or exemption specially claimed un
der the authority of the Union. i :: 342. But upon Appeals from a decision of a State Court, no other error can be assigned or regarded in the Supreme Court, than such as appears on the face of the record, and immediately respects the question of the validity or construction of the Constitution,
Treaty, Statute, commission, or authority in dispute. · 343. In case of a reversal of the Judgment or de
cree of the highest State Court, the cause may either be remanded to that Court, or the Supreme Court of the United States may, if the cause has once before been remanded, proceed to a final disposition of it, and award Execution accordingly.
344. If the highest Court in a State reverse the Judgment of a subordinate Court, and on Appeal the Judgment of the highest State Court be in its turn reversed in the Supreme Court of the United States, the latter Judgment so reversed, becomes a mere nullity, and the mandate for Execution may issue di- · rectly from the Supreme Court of the United States to the inferior State Court. . . . . - 345. The validity of this proceeding depends on the constitutionality of the 25th section of the Judiciary Act of 1789, which provides for the prosecution of Appeals from decisions of the highest State Courts in the cases enumerated; which provision has been declared by the Supreme Court to be warranted by the Constitution.
346. The grant of the Judicial Power in the Constitution was declared, on that occasion, to be abso- . lute ; and it was held to be imperative upon Congress to provide for the appellate jurisdiction of the Federal Courts, in all cases in which Judicial Power was exclusively granted by the Constitution, and not already given, by way of original jurisdiction, to the Supreme Court.
347. The Constitution intended that the Judicial Power, either in an original or appellate form, should extend absolutely to all cases in Law or Equity, arising under the Constitution and Laws of the United States, and the Treaties made under its authority ; to all cases affecting Ambassadors, other public Mi. nisters, and Consuls ; and to all cases of Admiralty and Maritime jurisdiction,- because these cases were · of vital importance to the sovereignty of the Union, entered into the national policy, and affected national rights.
348. But with respect to the other cases enumerat