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, ADOPTION OF CONSTITUTION, history of, 33–58. AGE, qualifications of, 137. AGENTS, GOVERNMENTAL, have no powers but those held by 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- APPOINTMENT to office, power of, 425–440; — in whom vested, 425, 426; - 430; - OF OFFICE.) - - objections force of the word "advise," (See REMOVALS, TENURE APPRAISEMENT LAWS, nature of, 405. (See OBLIGATION, STAY APPROPRIATION, money to be drawn upon, 348. ARISTOCRACIES, what included in, 6. LAWS.) ARMS, right to bear, 144; prohibited, 152, 153. reasons for protecting, 152;- - abuse of (See MILITARY ARREST, members of Congress exempt from, 140. ARRESTS, MARTIAL LAW.) ARTICLES OF CONFEDERATION, 42-52; general character of, 43, 44; - powers of were directed against states, 49; - - - - AUSTIN, his division of Law, 1; - definition of Public Law, 2; - de- - BAIL, not to be excessive, 145. - cases BILL OF RIGHTS, none at first contained in the Constitution, 143 : unfortunate effects of this rule, 149; illustrations thereof, 150; - BILLS OF CREDIT, states forbidden to issue, 203, 204: definition, BLACKSTONE, his division of Law, 1: illogical division of rights, by, 384. BLOUNT, William, impeachment, 481. - BORROWING MONEY, power of Congress over, 198-202; 204. BRITISH CONSTITUTION, (See CONSTITUTION OF GREAT BRIT- BROWNSON, O. A., theory of the Constitution, 23. BURGH, the Saxon, 167. CALHOUN, theory of the Constitution, 25. CAPACITIES, distinguished from rights, 345, 346. -un- CAPITATION TAXES, 177. CENTRALIZATION, idea of, involved in the U. S. government, 100; CHARTERS of corporations, (See CONTRACTS, CORPORATIONS.) CITIZENS of U. S. entitled to protection at home, 149; difficulty of CITIZENSHIP of U. S., no idea of in Articles of Confederation, 48; CIVIL OFFICERS, what, 481. CIVIL POLITY of U. S. government, fundamental ideas of, 101–105. 263. necessity of, COLONIES, the American, political condition of, 34. COMMERCE, what is, 208; during the confederation, 209, 210; foreign, - COMMERCE, power over, 205-248; provisions concerning, 205, 206; COMPENSATION, of members of Congress, 140; private property not to be taken without, 144, 160; for private property taken for public 162. CONFEDERATION, history of period prior to, 33-40: political condi- |