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A writ of error does not lie from the fupreme court of the U. States to the general court for the Terri

THIS was a writ of error iffued from this court

to the general court for the territory north-west of the river Ohio, to reverse a judgment rendered in that court against Clarke, the plaintiff in error, in favor of Bazadone, on a tory north-west foreign attachment for 12,200 dollars damages, and 95 of the Ohio. dollars, and 30 cents cofts.

The general court of the North-western Territory was eftablished by the ordinance of the old congrefs, under the confederation, and the principal queftion was, whe ther a writ of error would lay from this court to the ge. neral court of that Territory.

There was no appearance for the defendant in error.

Mafon, for plaintiff in error, contended,

ift. That this court poffeffes a general fuperintending power over all the other courts of the United States, refulting from the nature of a fupreme court, independent of any exprefs provifions of the conftitution or laws of the United States.

2d. That this court has the power under the conftifution of the United States.

ift. It is a general principle that the proceedings of an inferior tribunal are to be corrected by the fuperior, unlefs the latter is exprefsly reftrained from exercifing such a control. This is a principle of the laws of that country from which we derive most of our principles of juris prudence, and is fo intimately connected with them that it is difficult to separate them.

In the Saxon times, the Wittenagemote was the fupreme court, and had the general fuperintendance.

But in the time of William the conqueror, the aula regis was cftablished as the fovereign court of the king

ย.

dom, and to that court devolved all the former judicial CLARKE power of the Wittenagemote; the power of fuperintending the other courts was derived from the principle of BAZADONE. fupremacy. 1 Crompton's practice, 3, 5, 12, 21, 22, 26, 27, 28. 1 Bac. ab. 553. 2 Bac. ab. 187. A writ of er for is a commiffion to judges of a fuperior court, by which they are authorized to examine the record, upon which a judgment was given in an inferior court, and on fuch examination to reverfe or affirm the fame, according to law.

2. Bac. ab. 213. The court of king's bench fuper intends the proceedings of all other inferior courts, and by the plenitude of its power, corrects the errors of those courts; hence it is that a writ of error lies in that court, of a judgment given in the king's bench in Ireland. And upon a judgment in Calais, when under the subjection of the king of England, a writ of error lay in the king's bench, 4 Inft. 282. A writ of error would have laid to the king's bench from thefe colonies, before the revo lution, but for the particular provifions of charters, &c. 2 Bac ab. 194. Wherever a new jurifdiction is erected by act of parliament, and the court acts as a court of record, according to the course of the common law, a writ of error lies on their judgments.

The power is inherent in every fuperior court, to revife the judgments of its inferior.

2d. By the conftitution of the United States, art. 3, fec. 1, 2, the judicial power is vested in one fupreme court and fuch inferior courts as congrefs fhall, from time to time, ordain and establish; and fhall extend to all cafes arifing under the conftitution, and laws of the United States, and to controverfies in which the United States fhall be a party. And the fupreme court is to have appellate jurifdiction in all these cafes, with fuch exceptions and under fuch regulations as congrefs fhall make. Congrefs has made no exception of the prefent cafe; and no regulation of congrefs was neceffary to give this court the appellate power. It derives it from the conftitution itself.

This is a cafe arifing under the laws of the United States.

CLARKE

2.

The very existence of the court whofe judgment is complained of, is derived from the United States. The laws BAZADONE. adopted for the North-western Territory derive their whole obligatory effect from the ordinance of the old congress, and are in fact, laws of the United States, although copied from state laws. All power and authority exercised in that territory have emanated from the United States; and all offences there committed are against the authority of the United States.

HOOE & CO.

v.

GROVER

MAN.

If then this is a cafe by the conftitution cognizable by the judicial authority of the United States; if by the conftitution, this court has appellate jurifdiction in all fuch cafes, and if this cafe is not within any exception made by the conftitution or by any act of congress, nothing is wanting but to devife a mode to bring the caufe before this court. The writ of error is the common and well known procefs in like cafes, and by the fourteenth section of the judiciary act of 1789, every court of the United States is exprefsly authorized "to iffue writs of feire facias, "habeas corpus, and all other writs not specially provided "for by ftatute, which may be necessary for the exercife of "their respective jurifdictions, and agreeable to the princi"ples and ufages of law." If then the court has juris diction, no difficulty can occur as to a mode of exercifing it.

The court quafhed the writ of error,

On the ground that the act of congrefs had not authorized an appeal or writ of error, from the general court of the North-western Territory, and therefore, although from the manifeft errors on the face of the record, they felt every difpofition to support the writ of error, they were of opinion they could not take cognizance of the cafe,

HOOE AND CO. v. GROVERMAN,

ERROR from the circuit court of the district

of Columbia, in an action of covenant by Groverman, owner of the brig Nancy, against Hooe and co.

v.

the freighters, for demurrage, at the port of Falmouth, Hooe & co in England, from the 19th of June to the 11th of September, 1798, at the rate of £.6 6 o fterling per diem. GROVER

The declaration alleged the breach of the covenant in not paying the demurrage, and the cause went to trial in the court below, upon the iffue of covenants performed. The jury found the following special verdict, viz.

"We, of the jury, find that the defendants and plain"tiff made and executed the charter-party hereunto an"nexed, in these words, to wit: "This charter-party "indented," &c. "witneffeth that the faid Groverman "hath granted, and to freight letten to the faid R. T. "Hooe and company the brig, whereof he is owner, "called the Nancy, commanded by James Davidson, a "citizen of the United States aforefaid, now lying in "the port of Alexandria, of the burthen of 197 tons or "thereabouts; and for and in confideration of the cove"nants herein after mentioned, doth grant, and to freight "let unto the faid R. T. Hooe and co. the whole tonnage of "the aforefaid veffel, called the Nancy, from the port of "Alexandria in Virginia, to the port of Havre de Grace "in France, and back to the faid port of Alexandria; " in a voyage to be made by the faid R. T. Hose and co. with "the faid brigantine, in manner after mentioned, that is "to fay; to fail, with the firft fair wind and weather "that shall happen after she is fully and completely laden, "from the faid port of Alexandria, with a cargo of to"bacco, to be shipped by the faid R. T. Hooe and co. "to the faid port of Havre de Grace; and there deliver "faid cargo to Meffrs. Andrews and co. of that town, "merchants, or to their affigns, in good order, the dan"ger of the feas only excepted. And at the faid port of "Havre de Grace to take on board a full freight or lading "of fuch goods as the said Andrews and co. may think tr proper to put on board said brig, as a return cargo; "with which faid veffel is to make the beft of her way "directly back to the port of Alexandria, and there fafe"ly deliver fuch cargo, the danger of the feas only ex"cepted, to the faid R. T. Hooe and co. And the faid "Groverman doth further covenant and agree to and with "the faid R. T. Hooe and co. their executors, &c. that "the faid brig new is, and at all times during the faid

MAN.

v.

GROVER

Hoor & co. " voyage fhall be, to the best endeavours of him the faid "Groverman, and at his own proper coft and charges, in "all things made and kept tight, ftiff, ftaunch, ftrong, " and well apparelled, furnished and well provided, as "well with men and mariners fufficient and able to fail,

MAN.

guide and govern the faid veffel, as with all manner of "rigging, boats, tackle and apparel, furniture, provi"fions and appurtenances fitting and neceffary for the 66 voyage aforefaid. And the faid Groverman doth further "covenant and agree to and with the faid R. T. Hooe "and co. that he will allow them twenty-five running "days from the date hereof for the lading on board the "faid veffel, the aforefaid cargo of tobacco at the port of "Alexandria; ten working days for discharging faid car66 go at the port of Havre de Grace, to be computed from "the day after the comes to her moorings at the faid port; "and twenty days more after the said ten days run out, "for lading on board the aforefaid return cargo; alfo ten "working days after faid veffel arrives back and is per"mitted to an entry at the custom house at Alexandria "for receiving her inward cargo, which is to be delivered at the wharves of faid R. T. Hooe and co.

"In confideration whereof the faid R. T. Hooe and co. "doth covenant, promise and grant to and with the faid "W. Groverman, his executors &c. by thefe prefents; "that they, the faid R. T. Hooe and co. or their con"fignee, fhall and will pay to the said W. Groverman, or "his affigns, at the port of Havre de Grace, the fum of "21,000 livres, tournois, in hard money, on discharge of "the cargo of tobacco aforefaid; alfo 7,200 livres, in "hard money, on fhipment of the return cargo aforefaid, "s and further, that they, the faid R. T. Hooe and co. "fhall and will pay, or caufe to be paid, to him the faid "W. Groverman, or his affigns, the fum of £8. 8. 9. "current money of Virginia, day by day, and for every "day's demurrage, if any there fhould be by default of "them the faid R. T. Hooe and co. at the port of Alex"andria. And the fum of 150 livres, in hard money, day "by day, and for every day's demurrage, if any there "fhould be by default of them the faid R. T. Hooe and "co. or their affignee, at the port of Havre de Grace. And "the faid R. T. Hooe and co. doth further covenant to and with the faid W. Groverman, and the aforefaid

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