of a state by its highest court is binding on the courts of the United States as a rule of decision. Gray, J., in Post v. Supervisors of Amoskeag Bank, 105 U. S. 667, affirming Town of South Ottawa v. Perkins, 94 U. S. 260. If differ ent constructions have been given by the state court, and rights have been acquired under the former, the federal courts incline to follow the earlier decisions. Fairfield v. County of Gallatin, 100 U. S. 47. One exception exists to the rule that a construction of a state court upon a state statute is concurrent with the United States court; and that is when a state court has interpreted the statutes of a state, though they have been made in the forms of law, or through the authorized functionaries of a state acting in conformity with state legislation. Wright v. Nagle, 101 U. S. 791.

§ 760. 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.

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 excepequity 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 Pet. 1; Watson v. Tarpley, 18 How. 517, 520; Neves v. Scott 13 Ibid. 268; Nichols v. Levy, 5 Wall. 433.

1 Marbury v. Madison, 1 Cranch, 187.

tions 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 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 See, accordingly, The Francis Wright, 105 U. S. 381; The Abbotsford, 98 U. S. 440. And see Bank v. Skelly, 1 Black, 436; Burgess v. Seligman, 107 U. S. 20. ED.

2 Wiscart v. Dauchy, 3 Dall. 321; Clarke v. Bazadone, 1 Cranch, 212; United States v. Moore, 3 Cranch, 159; Durousseau v. United States, 6 Cranch, 307; Ex parte Kearney, 7 Wheat. 38; Ex parte Watkins, 3 Pet. 193.

8 Mossman v. Higgenson, 4 Dall. 12: Hodgson v. Bowerbank, 5 Cranch, 303; Bank of U. S. v. Deveaux, 5 Cranch, 61.

4 Ex parte Bollman, 4 Cranch, 75; United States v. Hudson, 7 Cranch, 32; United States v. Coolridge, 1 Wheat. 415; United States v. Bevans, Wheat. 446.

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 representatives 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

any office of honor, trust or profit under the United States: but the party convicted shall, nevertheless, be liable and subject to indictment, trial, judgment and punishment, according to law.

Section 4. 1. The times, places, and manner of holding elections for senators and representatives shall be prescribed in each state by the legislature thereof; but the congress may at any time, by law make or alter such regulations, except as to the places of choosing senators.

2. The congress shall assemble at least once in every year; and such meeting shall be on the first Monday in December, unless they shall by law appoint a different day.

Section 5. - 1. Each house shall be the judge of the elections, returns and qualifications of its own members, and a majority of each shall constitute a quorum to do business; but a smaller number may adjourn from day to day, and may be authorized to compel the attendance of absent members, in such manner and under such penalties as each house may provide.

2. Each house may determine the rule of its proceedings, punish its members for disorderly behavior, and with the concurrence of two thirds, expel a member.

3. Each house shall keep a journal of its proceedings, and from time to time publish the same, excepting such parts as may in their judgment require secrecy; and the yeas and nays of the members of either house on any question, shall, at the desire of one fifth of those present, be entered on the journal.

4. Neither house, during the session of congress, shall, without the consent of the other, adjourn for more than three days, nor to any other place than that in which the two houses shall be sitting.

Section 6. 1. The senators and representatives shall receive a compensation for their services, to be ascertained by law, and paid out of the treasury of the United States. They shall, in all cases except treason, felony, and breach of the peace, be privileged from arrest during their attendance at the session of their respective houses, and in going to and returning from the same; and for any speech or debate in either house, they shall not be questioned in any other place.

2. No senator or representative shall, during the time for which he was elected, be appointed to any civil office under the authority of the United States, which shall have been created, or the emoluments whereof shall have been increased during such time; and