་ diction. JUDICIAL POWER OF THE UNITED STATES. The Constitution says that the judicial power shall Extent of Juris- extend to all cases in law and equity arising under the Constitution, the laws of the United States, and treaties made under the authority of the United States. This includes civil and criminal cases. Law and The phrase "law and equity" refers to two distinct kinds of judicial procedure. The first includes all cases that can be settled by the direct application of statutes or the principles of the common law. Equity jurisdiction is intended to reach a large class of cases for which the common-law courts furnish no remedy. The two differ materially in the mode of proof used, and the modes of affording remedy. Classes of Three classes of cases are spoken of: first, those whose settlement depends upon an interpretation of some provision of the Constitution of the United States; second, those which arise from violation of some law of Congress; third, those whieh arise from violation of some treaty stipulation between the United States and a foreign nation. Division of While all cases arising in the three classes just mentioned come within the jurisdiction of the courts of the United States, the Constitution has restricted certain kinds of cases to the supreme court, leaving others to the inferior courts, or to be begun in them and finished in the supreme court. The supreme court has original jurisdiction in two classes of cases only, those affecting ambassadors, Original Jurisdiction of Supreme Court. other public ministers, and consuls; and those in which a State is a party. The latter include controversies between two or more States; between a State, and citizens of another State; between a State, and foreign nations, citizens, or subjects; between the citizens of a State, and foreign nations, citizens, or subjects. The eleventh amendment prohibits any suit against a State either by a citizen of another State, or by a citizen or subject of a foreign nation. The supreme court has appellate jurisdiction both as to law and fact, with such exceptions and Appellate Jurisunder such regulations as Congress shall diction. make, in all cases of admiralty and maritime jurisdiction; in controversies in which the United States is a party; in controversies between citizens of different States; in controversies between citizens of the same State claiming lands under grants of different States. Admiralty and maritime jurisdiction includes all suits originating on the high seas, such as those Admiralty and concerning captures by naval forces in Maritime Cases. time of war, and those growing out of the relations between the owners, officers, and crews of vessels. Of these cases the district and circuit courts have original jurisdiction; but they may be carried to the supreme court for final adjustment. The supreme court may not only re-examine cases from the inferior courts of the United States, but also from the State courts in cases which involve the interpretation of the Constitution or laws of the United States, or of treaties made under them. CHAPTER XXXI. PROVISIONS RESPECTING STATES. PROHIBITIONS UPON THE STATES. THE States are absolutely forbidden by the ConstituConcerning For- tion to enter into any treaty, alliance, or eign Relations. confederation; or to grant letters of marque and reprisal; they are also forbidden to keep troops or ships of war in time of peace, without the consent of Congress; nor may they without such consent enter into any agreement or compact with another State or foreign power, or engage in war, unless actually invaded, or in such imminent danger as will not admit of delay. The States, as such,, have no relation to foreign powers. They assumed this as a fundamental principle of their Union, when they refused to treat separately with Great Britain just before the war for independence. During the war, the Continental Congress represented the United States in their intercourse with other nations. Next, the same powers were vested in the Congress of the confederation; and now the principle is embodied in the Constitution. If each State were free to engage in war, and to negotiate privately with foreign governments, there would be no security for the permanence of the Union, or for the continuance of the liberties of the people. The States must stand or fall together. Concerning Interests. The States are forbidden to coin money, to emit bills of credit, to make any thing but gold and silver coin a tender in payment of debts. They are also forbidden to lay any duty of tonnage without the consent of Congress; nor may they lay duties on imports or exports except for special purposes, and under the control of Congress. It will be remembered that the immediate cause which led to the formation of the Constitution was the trouble arising from State legislation respecting commerce. Inequality of taxation of imports produced ill feeling between the States, and checked the commercial prosperity of all. Hence the propriety of giving to the general government exclusive power in this direction. Tonnage duties— that is, charges upon vessels in proportion to their carrying capacity are forbidden for the same reason. These duties are not now levied by Congress. The general government, too, has exclusive control of the currency. Corporations within the States, as banks, have been allowed to issue bills of credit, that is, notes designed to circulate as money; but these were not legal tender, and the holders might at any time demand gold or silver coin for them. The States are forbidden to pass any law impairing the obligation of contracts. In the days Concerning Pri of the Roman republic, the State repeat- vate Rights. edly made general laws for the relief of debtors, freeing them entirely or partly from their obligations. Such laws, and all involving the same principle, are forbidden. No State may pass any bill of attainder, or ex post facto law. Congress is also forbidden to pass such laws. The phrase, "bill of attainder," refers to those features of English law by which persons convicted of treason suffer forfeiture of property, and lose the power to transmit to their descendants, so that the children suffer with the parent. An ex post facto law is a law made to punish acts previously committed, and which were not punishable, or not punishable in the same manner, by any preceding law. The fourteenth and fifteenth amendments to the Constitution lay certain prohibitions upon the Concerning Freedmen. States, designed especially to protect the colored people who have become citizens by the abolition of slavery. No State may make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor may any State deprive any person of life, liberty, or property without due process of law, nor deny to any person within its jurisdiction the equal protection of its laws. No State may deny or abridge the right of any citizen of the United States to vote, on account of race, color, or previous condition of servitude. PROTECTION OF STATE RIGHTS. In the clause giving to Congress power to admit new States into the Union, it is declared that no new State may be formed within the jurisdiction of another State, nor any State be formed by the junction of two or more States or parts of States, without the consent of the legislatures of the States concerned, as well as of Congress. By this provision, the States secure their continued existence as distinct individuals. But it makes division possible, as in the separation of Maine from Massachusetts, and of West Virginia from Virginia. When the Constitution was formed, the small States were induced to accept it by giving them equal |