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principle on which appellate jurisdiction from State
courts is allowed is to grant efficient and just means of
self protection. (Scott v. Jones, 5 How. 343.) The
Supreme Court's jurisdiction over inferior courts is strictly
appellate. (Gaines v. Relf, 15 Peters, 17.) The jurisdic-
tion on appeal must be conferred by Congress (Barry v.
Mercein, 5 How. 119; Ex parte McCardle, 7 Wall. 506;
U. S. v. New Bedford Br., 1 Wood. & M. 437; Livingston
v. Van Ingen, 9 Johns. 507; Marbury v. Madison, 1
Cranch, 137; Ex parte Bollman, 4 Cranch, 75; U. S. v.
Hamilton, 3 Dall. 17; Ex parte Kearny, 7 Wheat. 38;
Weston v. Charleston, 2 Peters, 449; Ex parte Crane, 5
Peters, 190), with such exceptions and under such regula-
tions as Congress may make (Scott v. Jones, 5 How. 374;
Ex parte McCardle, 7 Wall. 506; Ex parte Yerger, 8
Wall. 98; Darousseau v. U. S., 6 Cranch, 313; Ex parte
Vallandigham, 1 Wall. 252; U. S. v. Moore, 3 Cranch, 159;
Murdock v. Memphis, 20 Wall. 590; Martin v. Hunter,
1 Wheat. 304), and the action of Congress excludes State
legislation. (Houston v. Moore, 5 Wheat. 1; Prig v. Com-
monwealth, 16 Peters, 539.) All appellate jurisdiction
must be exercised in pursuance of positive statutes fully
within constitutional grants. (Wixart v. Dauchy, 3 Dall.
321; Clarke v. Bazadoue, 1 Cranch, 212; U. S. v. Moore,
3 Cranch, 159; Darousseau v. U. S., 6 Cranch, 307; Ex
parte Kearny, 7 Wheat. 38; Ex parte Watkins, 3 Peters,
193.) The power of the Supreme Court to issue a manda-
mus is in the exercise of an appellate jurisdiction only.
(Marbury v. Madison, 1 Cranch, 137; Ex parte Yerger,
8 Wall. 97.) So as to the writ of habeas corpus. (Ex parte
Bollman, 4 Cranch, 75.) The power to award this writ
by any court of the United States must be given by law.
(Ex parte Bollman, 4 Cranch, 75.) It exists in all cases
of commitment by the judicial authority of the United
States not expressly excepted by Congress. (Kane's Case,
14 How. 103; Ex parte Yerger, 8 Wall. 99.) It is only
when the proceedings below are entirely void that relief
may be given on review by habeas corpus. (Ex parte Parks,
93 U. S. 18.) The repeal of an act authorizing appeal in
cases of habeas corpus does not affect the jurisdiction an-
tecedently exercised. (Ex parte McCardle, 7 Wall. 506.)
An enactment of the Confederate States enforced as a law

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one of the States composing the confederacy is a statute such State, as to the jurisdiction of the Supreme Court er judgments and decrees in State courts. (Ford v. rget, 97 U. S. 594; Williams v. Bruffy, 96 U. S. 176.)

§ 206. Appeals from district and cirunit courts.-Hereafter, all appeals by writ of ror or otherwise from said district courts shall ly be subject to review in the Supreme Court of e United States, or in the circuit court of appeals ereby established, as is hereinafter provided, and e review, by appeal, by writ of error, or othwise, from the existing circuit courts shall be ad only in the Supreme Court of the United cates, or in the circuit courts of appeals hereby tablished according to the provisions of this act gulating the same. (26 U. S. Stats. sec. 2734.)

§ 207. Appeals direct to Supreme ourt from district and circuit courts.ppeals or writs of error may be taken from the strict courts, or from the existing circuit courts rect to the Supreme Court in the following cases: any case in which the jurisdiction of the court in issue; in such cases the question of jurisdicon alone shall be certified to the Supreme Court om the court below for decision. From the final ntences and decrees in prize causes. In cases of nviction of a capital or otherwise infamous ime. In any case that involves the construction application of the Constitution of the United ates.

In any case in which the constitutionality any law of the United States, or the validity or nstruction of any treaty made under its authority drawn in question. In any case in which the

constitution or law of a State is claimed to be in contravention of the Constitution of the United States. Nothing in this act shall affect the jurisdiction of the Supreme Court in cases appealed from the highest court of a State, nor the construction of the statute providing for review of such cases. (Act of March 3, 1891, 26 U. S. Stats. 827, sec. 5.)

§ 208. From Indian Territory.-Appeals and writs of error may be taken and prosecuted from the decision of the United States courts in the Indian Territory to the Supreme Court of the United States, or to the circuit court of appeals in the eighth circuit, in the same manner and under the same regulations as from the circuit or district courts of the United States, under this act. (26 U. S. Stats. 829, sec. 13.)

§ 209. Appeals in prize causes.-An appeal shall be allowed to the Supreme Court from all final decrees of any district court in prize causes, where the matter in dispute, exclusive of costs, exceeds the sum or value of two thousand dollars; and shall be allowed, without reference to the value of the matter in dispute, on the certificate of the district judge that the adjudication involves a question of general importance. And the Supreme Court shall receive, hear, and determine such appeals, and shall always be open for the entry thereof. (Rev. Stats. sec. 695.) [See sec. 1009.]

Appeals in prize cases.-A new claim cannot be introduced in the Supreme Court, but inay be filed in the circuit court when the cause is remanded. (The Societe, 9 Cranch. 209; The Harrison, 2 Wheat. 298.) Where the

facts did not show it to be a prize case, but a case of forfeiture, the case will be remanded. (U. S. v. Weed, 5 Wall. 62; The Watchful, 6 Wall. 91.) If the district court in a prize case wrongfully allows or denies the order for further proof, and objection is taken, the Supreme Court can administer the proper relief (The Pizarro, 2 Wheat. 227); so if a claim is dismissed, claimant may appeal Withenbury v. U. S., 5 Wall. 819); but a party who does not appeal can raise no objection, although another party ppeals. The Amiable Nancy, 3 Wheat. 546.) Where the bjection that the libel is not brought in the name of the United States is not raised by the pleadings, it will not be ntertained. (Jecker v. Montgomery, 18 How. 111.) A ase carried into a circuit court before the Act of 1863 is roperly here on appeal from the circuit court. (The dmiral, 3 Wall. 603.) Appeal lies from a final decree in prize cause, and the whole matter in controversy can be sposed of, leaving nothing to be litigated between the arties. (Withenbury v. U. S., 5 Wall. 819.) Where there as no order, decree, or judgment, it will be dismissed. The Alicia, 7 Wall. 571.)

$ 210. Appeals in prize causes remainng in circuit courts.—An appeal shall be alwed to the Supreme Court from all final decrees of y circuit court in prize causes depending therein the thirtieth day of June, eighteen hundred and xty-four, in the same manner and subject to the me conditions as appeals in prize causes for the strict courts. (Rev. Stats. sec. 696.)

§ 211. Transcripts on appeal.-Upon e appeal of any cause in equity, or of admiralty d maritime jurisdiction, or of prize or no prize, ranscript of the record as directed by law to be de, and copies of the proofs and of such entries

papers on file as may be necessary on the ring of the appeal, shall be transmitted to the preme Court; provided, that either the court

FED. PROCc.—42.

below or the Supreme Court may order any original document or other evidence to be set up, in addition to the copy of the record, or in lieu of a copy of a part thereof. And on such appeal no new evidence shall be received in the Supreme Court, except in admiralty and prize causes. [See sec. 750.] (Rev. Stats. sec. 698; 18 U. S. Stats. 316; 1 Sup. Rev. Stats. 135.

Records. The certificate of the clerk is prima facie evidence that the record is complete (The Rio Grande, 19 Wall. 178); and his certificate to a deposition contained in the record that it was filed after trial of the cause is of equal validity as if forming part of his original certificate (The Samuel, 1 Wheat. 9); but his certificate cannot be received as evidence that papers were used in the court below and have been lost. (The Grapeshot, 9 Wall. 129; 7 Wall. 563.) The Supreme Court hears the cause in the first instance upon the evidence transmitted (The London Packet, 2 Wheat. 371); and if the proof is deficient, the cause may be continued with leave to produce further proof. (The Samuel, 1 Wheat. 9.)

§ 212. diction

Cases where question of juris. only reviewed, without reference to amount.-That in all cases where a final judgment or decree shall be rendered in a circuit court of the United States in which there shall have been a question involving the jurisdiction of the court, the party against whom the judgment or decree is rendered shall be entitled to an appeal or writ of error to the Supreme Court of the United States to review such judgment or decree without reference to the amount of the same; but in cases where the decree or judgment does not exceed the sum of five thousand dollars, the Supreme Court shall not review any question raised

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