fore, can only demand that his rights shall be secured according to a just view of the local law from which those rights are claimed to flow. The single duty of the national judges is to secure those rights according to their best understanding of that law; they cannot insist that their interpretation and their judgments shall be taken as a guide by the state tribunals in any subsequent cases. As a practical consequence of this principle there need not be, indeed there cannot be, any uniformity in the decisions of the United States judiciary made under this branch of their general authority. As there is great diversity in the state legislation, and as the courts of the nation simply expound and apply that legislation, there must be a similar diversity in the results of their labor. The practice of the Supreme Court of the United States is therefore firmly settled, that in all controversies falling within this department of their jurisdiction, they will follow the statutes and authoritative decisions of the local courts which have defined and established the law of the commonwealth where the cause of action arose.1

§ 759. It is not in accordance with my plan to describe the various national courts and the distribution of powers among them. A few important and general rules, however, which seem to form a part of our Constitutional Law, may well be stated.

The broad principle which lies at the bottom of these rules, and which was not established without a very vigorous dissent from many able jurists and statesmen, is, that the national courts have no common law jurisdiction whatever, and that all the powers they possess must be referred to the grants of the Constitution, or to these grants and laws of Congress passed in pursuance thereof.

1 See Luther v. Borden, 7 Howard's R. 1: Phalen v. Virginia, 8 Ib. 163 Webster v. Cooper, 14 Ib. 504: Beauregard v. New Orleans, 18 Ib. 497 Gelpcke v. Dubuque, 1 Wallace's R. 175. It has been held, however, that upon questions depending upon general commercial law, or upon general equity jurisprudence, the court will not be bound by the decisions of the state courts. This rule seems to be inconsistent with the principles which should guide the court in this branch of its jurisdiction. See Swift v. Tyson, 16 Peters' R. 1: Watson v. Tarpley, 18 Howard's R. 517, 520: Neves v. Scott, 13 Ib. 268: Nichols t. Levy, 5 Wallace's R. 433.

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.

THE

CONSTITUTION OF THE UNITED STATES.

WE, the People of the United States, in order to form a more perfect union, establish justice, ensure domestic tranquillity, provide for the common defence, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of America.

ARTICLE I.

Section 1.-1. All legislative powers herein granted, shall be vested in a Congress of the United States, which shall consist of a senate and house of representatives.

Section 2.1. The house of representatives shall be composed of members chosen every second year by the people of the several states; and the electors in each state shall have the qualifications requisite for electors of the most numerous branch of the state legislature.

2. No person shall be a representative who shall not have attained to the age of twenty-five years, and been seven years a citizen of the United States, and who shall not, when elected, be an inhabitant of that state in which he shall be chosen.

3. Representatives and direct taxes shall be apportioned among the several states which may be included within this Union, according to their respective numbers, which shall be determined by adding to the whole number of free persons, including those bound to service for a term of years, and excluding Indians not taxed, three fifths of all other persons. The actual enumeration shall be made within three years after the first meeting of the Congress of the United States, and within every subsequent term of ten years, in such manner as they shall by law direct. The number of rep. resentatives shall not exceed one for every thirty thousand, but each state shall have at least one representative; and until such

enumeration shall be made, the State of New-Hampshire shall be entitled to choose three; Massachusetts, eight; Rhode Island and Providence Plantations, one; Connecticut, five; New-York, six; New-Jersey, four; Pennsylvania, eight; Delaware, one; Maryland, six; Virginia, ten; North-Carolina, five; South-Carolina, five; and Georgia, three.

4. When vacancies happen in the representation from any state, the executive authority thereof shall issue writs of election to fill such vacancies.

5. The house of representatives shall choose their speaker and other officers, and shall have the sole power of impeachment.

Section 3. - 1. The senate of the United States shall be composed of two senators from each state, chosen by the legislature thereof, for six years; and each senator shall have one vote.

2. Immediately after they shall be assembled in consequence of the first election, they shall be divided as equally as may be into three classes. The seats of the senators of the first class shall be vacated at the expiration of the second year, of the second class at the expiration of the fourth year, and of the third class at the expiration of the sixth year, so that one third may be chosen every second year; and if vacancies happen, by resignation or otherwise, during the recess of the legislature of any state, the executive thereof may make temporary appointments until the next meeting of the legislature, which shall then fill such vacancies.

3. No person shall be a senator who shall not have attained the age of thirty years, and been nine years a citizen of the United States, and who shall not, when elected, be an inhabitant of that state for which he shall be chosen.

4. The vice-president of the United States shall be president of the senate, but shall have no vote unless they be equally divided.

5. The senate shall choose their other officers, and also a president pro tempore in the absence of the vice-president, or when he shall exercise the office of president of the United States.

6. The senate shall have the sole power to try all impeachments. When sitting for that purpose, they shall be on oath or affirmation. When the president of the United States is tried, the chief justice shall preside and no person shall be convicted without the concurrence of two thirds of the members present.

7. Judgment in cases of impeachment shall not extend further than to removal from office, and disqualification to hold and enjoy