The Supreme Court has an original jurisdiction in all cases affecting ambassadors, other public ministers, and consuls, and in those to which a state shall be a party. This original authority cannot be abridged, nor, on the other hand, can it

be extended, by the legislature.1

In all other cases mentioned in Article III. Section II., the Supreme Court has appellate jurisdiction, "with such exceptions and under such regulations as Congress shall make." All appellate jurisdiction must therefore be exercised in pursuance of positive statutes which must themselves fall within the constitutional grants. In fact, the legislation of Congress has fallen far short of the limits set by the organic law.2

In all cases excepting those affecting foreign representatives, and those in which a state is a party, the original jurisdiction is therefore given to "such inferior courts as Congress may, from time to time, ordain and establish." The legislature has complete discretion in the creation of these subordinate tribunals; it may allot powers and distribute jurisdiction at will; it may confer upon them all the authority permitted by the Constitution to be given, or may grant but a small portion thereof. As a matter of fact, Congress has been very unwilling to clothe the national courts with all the functions which the Constitution recognizes as appropriate for them. The following principle results from these facts: The inferior courts possess no powers whatever except those included in the terms of statutes passed in pursuance of the Constitution. If the power invoked cannot be found in the statute, it does not exist, even though it plainly falls within some general clause of Article III. Section II. If the power be statutory, it is still a nullity if it transcends the scope of the constitutional grant.3 The same principle has been applied to jurisdiction over criminals. There are no common law crimes within the authority 1 Marbury v. Madison, 1 Cranch's R. 137.

2 Wiscart v. Dauchy, 3 Dallas' R. 321: Clarke v. Bazadone, 1 Cranch's R. 212: United States v. Moore, 3 Cranch's R. 159: Durousseau v. United States, 6 Cranch's R. 307: Ex parte Kearney, 7 Wheaton's R. 38: Ex parte Watkins, 3 Peters' R. 193.

3 Mossman v. Higgenson, 4 Dallas' R. 12: Hodgson v. Bowerbank, 5 Cranch's R. 303: Bank of U. S. v. Deveaux, 5 Cranch's R. 61.

of the national courts; they must go to statutes of Congress alone as guides to determine what constitutes an offence against the United States.1

1 Ex parte Bollman, 4 Cranch's R. 75: United States v. Hudson, 7 Cranch's R. 32: United States v. Coolridge, 1 Wheaton's R. 415: United States v. Bevans, 3 Wheaton's R. 336.

THE END.

INDEX.

ABSOLUTE GOVERNMENT, what, 6.

ADMIRALTY, extent of as to place, 275, 276: nature and extent of,
513 is exclusive in U. S. courts, 513.

ADOPTION OF CONSTITUTION, history of, 33-58.

AGE, qualifications of, 137.

AGENTS, GOVERNMENTAL, have no powers but those held by
their principals, 65.

AMBASSADORS, cases affecting, 512, 513.

AMENDMENT, power of, 72–76; -no limit upon, 72, 73;

-

-

mode

of exercising, 74-76: proposed fourteenth, 151: tenth, 67, 68: thir-
teenth, abolishing slavery, 76-79; - effect of on representation, 124,
125, 134-136; proposed remedies, 134–136.
AMENDMENTS TO CONSTITUTION, cannot be vetoed by Pres-
ident, 114 limiting the general government, 144: the first eight do
not apply to the states, 147-149; apply to the three departments
alike, 151, 152 ; — require no legislation to make them binding, "152;
their meaning and object, 152–164. (See BILL OF RIGHTS, LIMIT-
ATIONS ON U. S. GOVERNMENT.)
AMNESTIES, general, (See PARDONS.)
ANGLO-SAXON, (See SAXONS.)

APPOINTMENT to office, power of, 425-440;
426;exercise of depends upon prior

to, 428; - objections answered, 428;
430;

- functions of Senate in, 429, 430;
429, 430; whether includes power to

--

-

in whom vested, 425,
legislation, 426; objections
nature and extent of, 429,
- force of the word "advise,"
remove, 430-435; - to fill va-

-

cancies, 435-437; abuse of, 437-440. (See REMOVALS, TENURE
OF OFFICE.)

APPRAISEMENT LAWS, nature of, 405. (See OBLIGATION, STAY
LAWS.)

APPROPRIATION, money to be drawn upon, 348.

ARISTOCRACIES, what included in, 6.

ARMS, right to bear, 144;

prohibited, 152, 153.

reasons for protecting, 152;— abuse of

ARREST, members of Congress exempt from, 140. (See MILITARY
ARRESTS, MARTIAL LAW.)

-

-

45–47;

-

not a law

ARTICLES OF CONFEDERATION, 42-52; when adopted, 42;
general character of, 43, 44; — abstract of,
but a league, 47; — leading ideas of, 47–51;- -no idea of a nation
or of citizenship, 47, 48; — formative elements of were states, 48 ; –

powers of were directed against states, 49;
power, 49, 50;- Congress the sole organ of,
conferred by, 50, 51; steps to change, 53, 54.
ATTAINDER, (See BILLS OF ATTAINDER.)

-

conferred no coercive
50; - limited powers

AUSTIN, his division of Law, 1; - definition of Public Law, 2; de-
scription of sovereignty, 6, 8; classification of governments, 7;
error in defining nation and sovereignty, 28.

BAIL, not to be excessive, 145.

-

-

-in Congress or

BANKRUPT LAWS, power to enact, 252 – 262;
states, 252, 253;- when power of states is suspended, 253: extent
of, 254-262; meaning of, 255-257; in England, 255, 256; what laws
Congress may enact, 256, 257: statute of 1841, 257, 258; cases
under, 258, 259 general policy of, 260-262: advantages of, 260–262.
BANKS, National, established under power to borrow money, 167;
power to establish, 169, 200.

BILL OF RIGHTS, none at first contained in the Constitution, 143:
supplied by amendments, 143: contained in state constitutions, 145:
in the first eight amendments, upon whom restrictive, 145–152; - not
upon the states, 146;-only upon the general government, 147, 148 ;
unfortunate effects of this rule, 149; illustrations thereof, 150;
- proposed remedy, 151: need the aid of no legislation, 155: pro-
visions, meaning, nature and object of, 152-164: intent and force of,
164; how far affected by military necessity, 164: applies to the govern-
ment of territories, 311, 312.

BILLS OF ATTAINDER, prohibited, 319-329; both to Congress
and the states, 319: definition of, 319, 320: reasons for prohibiting,
321 cases involving, 321–328; whether statutes requiring test oaths
are bills of attainder, 328, 329: provisions of Missouri constitution of
1865, 328, 329. (See TEST OATHS.)

BILLS OF CREDIT, states forbidden to issue, 203, 204: definition,
204.

BLACKSTONE, his division of Law, 1: illogical division of rights, by,

384.

-

BLOUNT, William, impeachment, 481.
BORROWING MONEY, power of Congress over, 198–202; — unlim-
ited, 199; methods of exercise, 167-169, 199; - by indirect means,
167-169, 200, 201; - through national banks, 200; - legal tender
notes, validity of, 201, 202: power of states over, 202–205; — limited
in means, but not in extent, 202; reasons for this limitation, 203,

204.

-

BRITISH CONSTITUTION, (See CONSTITUTION OF GREAT BRIT-

AIN.)

BROWNSON, O. A., theory of the Constitution, 23.
BURGH, the Saxon, 167.

CALHOUN, theory of the Constitution, 25.

CAPACITIES, distinguished from rights, 345, 346.

CAPITATION TAXES, 177.

-

of Admiralty, 513.

-

CAPTURES, meaning of, 288, 289; power of Congress over, 288-291.
CASES, meaning of, 97: arising under the Constitution, 507-510; un-
der laws of U. S., 510, 511; under treaties, 511, 512; — affecting
ambassadors, 512, 513;
CENTRALIZATION, idea of, involved in the U. S. government, 100;
contrasted with local government, 100; history and source of, 101,102;
advocates of, 101; proper relation to local government, 101, 102;
effect of abandoning, 102; idea of in formation of House of Represen-
tatives, 121, 122.

CHARTERS of corporations, (See CONTRACTS, CORPORATIONS.)
CHASE, Judge, impeachment of, 486, 487.

CITIZENS of U. S. entitled to protection at home, 149; difficulty of
affording complete protection against state acts, 150; proposed 14th
amendment to remedy this difficulty, 151.

CITIZENSHIP of U. S., no idea of in Articles of Confederation, 48;
status of, 68, 69; does not include the right of suffrage, 132, 133; a
qualification for office, 137.

CIVIL OFFICERS, what, 481.

CIVIL POLITY of U. S. government, fundamental ideas of, 101–105.
COASTING VESSELS, regulations concerning, 237.

COINING MONEY, power of Congress over, 262–264; — necessity of,

263.

COLONIES, the American, political condition of, 34.

COMMANDER-IN-CHIEF, powers of, 470-480; Congress has no such,
470, 471; nature and extent of powers of Congress over the military,
470, 471; nature of powers of commander in peace, 471;-in war,
472, 473; distinction between power to execute laws and powers of
commander, 471, 472: what additional powers in war, 473-480. (See
HABEAS CORPUS, MILITARY LAW, MARTIAL LAW, MILITARY Gov-
ERNMENT, WAR POWERS.)

COMMERCE, what is, 208; during the confederation, 209, 210; foreign,
what, 220; among the states, what, 243.

COMMERCE, power over, 205-248; provisions concerning, 205, 206;

these liberally construed, 166; — judicial construction of, 170,
171 why intrusted to U. S. government, 206: nature of, 206-242 :
whether exclusive or concurrent, 206-208: limited, 209: why vested in
Congress, 209-211: what possessed by the states, 211-219, 231, 234:
extent of possessed by Congress, 215-220, 242-248; extends to means
and instruments, 245;— to subject-matter, 247; to places where
carried on, 244; to liabilities of parties engaged in, 247.
COMMON DEFENCE, meaning of, 174-176.
COMPENSATION, of members of Congress, 140; private property not

to be taken without, 144, 160; for private property taken for public
use, 161; whether U. S. may ever take private property without, 161,

162.

CONFEDERATION, history of period prior to, 33-40: political condi-
tion of period prior to, 34; period of, 40; sentiment of nationality dur-