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Town of South Ottawa v. Perkins 444, | United States v. Goodwin

57, 355

445

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A DIGEST

OF

STATUTES, RULES, AND DECISIONS.

Original Jurisdiction of the Supreme Court of the
United States.

SEC. 687. The Supreme Court shall have exclusive jurisdiction of all controversies of a civil nature where a state is a party, except between a state and its citizens, or between a state and citizens of other states, or aliens, in which latter cases it shall have original, but not exclusive, jurisdiction. And it shall have exclusively all such jurisdiction of suits or proceedings against embassadors, or other public ministers, or their domestics, or domestic servants, as a court of law can have consistently with the law of nations; and original, but not exclusive, jurisdiction of all suits brought by embassadors, or other public ministers, or in which a consul or vice-consul is a party. [See SS. 4063-4066.]

24 Sept., 1789, c. 20, s. 13, v. 1, p. 80.

SECTION 687. DECISIONS, 1-31.

1. (April, 1793.) Indictment of a consul from Genoa, for a misdemeanor; in the Circuit Court.

WILSON, Justice. I am of opinion, that although the Constitution vests in the Supreme Court an original jurisdiction, in cases like the present, it does not preclude the legislature from exercising the power of vesting a concurrent jurisdiction

in such inferior courts as might by law be established. And as the legislature has expressly declared, that the Circuit Court shall have "exclusive cognizance of all crimes and offences, cognizable under the authority of the United States," I think the indictment ought to be sustained.

PETERS, Justice, concurred. IREDELL, Justice, dissented. United States v. Ravara, 2 Dall. 297.

2. (Feb., 1798.) The court, on the day succeeding the argument, delivered a unanimous opinion, that the amendment being constitutionally adopted, there could not be exercised any jurisdiction, in any case, past or future, in which a state was sued by the citizens of another state, or by citizens or subjects of any foreign state. Hollingsworth v. Virginia, 3 Dall. 378, 382.

3. (Feb., 1799.) . . . A case which belongs to the jurisdiction of the Supreme Court, on account of the interest that a state has in the controversy, must be a case in which a state is either nominally, or substantially, the party. It is not sufficient that a state may be consequentially affected; for in such a case (as where the grants of different states are brought into litigation) the Circuit Court has clearly a jurisdiction. ... Fowler v. Lindsey, 3 Dall. 412-15.

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4. (Feb., 1809.) Although the claims of a state may be ultimately affected by the decision of a cause, yet if the state be not necessarily a defendant, the courts of the United States are bound to exercise jurisdiction. United States v. Judge Peters, 5 Cranch, 115.

5. (Feb., 1821.) An indictment under the Crimes Act of 1790 [IX.], s. 37, for infracting the law of nations by offering violence to the person of a foreign minister, is not a case "affecting ambassadors, other public ministers and consuls," within the second section of the third article of the Constitution of the United States. United States v. Ortega, 11 Wheat. 467.

6. The Circuit Courts have jurisdiction of such an offence,

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