Meaning of Case.

336. A case, in the sense of the Constitution, is a controversy between parties which has taken a shape for judicial decision. Cases in law mean cases in which relief is sought according to the principles and practice of the common law; cases in equity mean cases in which relief is sought according to the principles and practice of equity jurisprudence. A case is said to arise under the Constitution, or a law, or a treaty of the United States, when its correct decision depends upon the construction of either.

The several Descriptions of Cases.

337. It will be observed that the Constitution extends the judicial power to eleven descriptions of

cases:

First, To all cases arising under the Constitution. Second, To all cases arising under the laws of the United States.

Third, To all cases arising under treaties made by their authority.

Fourth, To all cases affecting ambassadors or other public ministers, and consuls.

Fifth, To all cases of admiralty and maritime jurisdiction. Admiralty and maritime jurisdiction

relates to acts or injuries done upon the high sea, or within the ebb and flow of the tide, or upon the navigable lakes and rivers of the United States; and to contracts, claims, and services appertaining to commerce and navigation. In civil suits of admiralty and maritime jurisdiction the proceedings are conducted according to the course of the civil law, and without a jury. Congress may, however, give to either party the right of trial by jury, or make such other change in the mode of proceeding as it deems proper.

338. Sixth, To controversies to which the United States shall be a party. The United States may sue, but they cannot be sued.

Seventh, To controversies between two or more

states.

Eighth, To controversies between a state, when plaintiff, and citizens of another state, or foreign citizens and subjects. As the Constitution originally stood, a state might be sued by a citizen of another state. But the states deemed this derogatory to their dignity, and the Constitution was therefore amended, so that the states may sue; but cannot be sued by individuals, whether they be citizens of another state, or citizens or subjects of any foreign state.

Ninth, To controversies between citizens of different states. Citizenship, when spoken of in the Constitution, in reference to the jurisdiction of the

courts of the United States, means nothing more than residence. But it has been held by the Supreme Court that a free negro of the African race, whose ancestors were brought to this country and sold as slaves, is not a citizen within the meaning of the Constitution, nor entitled to sue in that character in the federal courts.

Tenth, To controversies between citizens of the same state claiming lands under grants of different states.

Eleventh, To controversies between a state or the citizens thereof and foreign states, citizens, or subjects. A foreign state cannot be sued; she can only appear in the federal courts as plaintiff.

Original Jurisdiction of the Supreme Court.

339. In all cases affecting ambassadors, other public ministers, and consuls, and those in which a state shall be a party, the Supreme Court has original jurisdiction.

340. The original jurisdiction of the Supreme Court is founded entirely on the character of the parties: the nature of the controversy is not contemplated by the Constitution. And this jurisdiction Congress have no power to extend; but whether it is both original and exclusive, or may be exercised by the subordinate federal courts, has never been authoritatively determined. The Act of Congress, however, organizing the Supreme Court, does not regard it as

exclusive. On the contrary, it declares, for example, that in all suits or proceedings against ambassadors, or other public ministers or their domestics, or domestic servants, the jurisdiction shall be exclusive; but not exclusive when the suit is brought by an ambassador or other public minister, or where a consul or vice-consul is a party.

Appellate Jurisdiction.

341. In all the other cases before mentioned (sec. 335), the Supreme Court has appellate jurisdiction, both as to law and fact, with such exceptions and under such regulations as Congress may make.

342. Of the eleven descriptions of cases to which the judicial power extends, the Supreme Court, it will be observed, has original jurisdiction of but two, namely, cases affecting ambassadors, other public ministers, and consuls; and cases in which a state shall be a party. The other nine it can only decide by way of appellate jurisdiction; that is, they must, in the first instance, be brought in a lower court, and the judgment of such lower court may then be re-examined and reversed, or affirmed in the Supreme Court.

343. The rule established by Congress, under their power to make exceptions and regulations respecting the appellate jurisdiction of the Supreme Court, pro

vides that the Circuit Courts may re-examine, reverse, or affirm the final decrees and judgments of the District Courts in civil actions when the matter in dispute exceeds fifty dollars, exclusive of costs; and that the Supreme Court may re-examine, reverse, or affirm the final judgments and decrees of the Circuit Courts when the matter in dispute exceeds, exclusive of costs, two thousand dollars.

Appeals from the State Courts.

344. The appellate jurisdiction of the Supreme Court is not limited to the inferior courts of the United States. It is the case, and not the court, that gives the jurisdiction. It extends, therefore, to the state courts as well as to the subordinate courts of the United States. Congress have accordingly provided that a final judgment or decree, in any suit in the highest court of law or equity of a state, may be re-examined and reversed or affirmed in the Supreme Court in three descriptions of cases: First, When the validity of a treaty, or statute of, or authority exercised under the United States is drawn in question, and the decision is against its validity. Secondly, When the validity of a statute of, or an authority exercised under any state is drawn in question on the ground of their being repugnant to the Constitution, treaties, or laws of the United States,