536
CONSTITUTION OF THE U. STATES.
[BOOK III.
conflict of their laws, and the most serious dangers of perpetual controversies with foreign nations. In short, the peace of the Union would be constantly put at hazard by acts, over which it had no control; and by assertions of right, which it might wholly disclaim.[1]
§ 1668. The next clause extends the judicial power "to controversies, to which the United States shall be a party."[2] It scarcely seems possible to raise a rea-- ↑ It has been made a question, whether the admiralty jurisdiction can be exercised within the territories of the United States by the judges of the territorial courts, appointed under the territorial governments, as they are appointed for a limited term only, and not during good behaviour. The decision has been in favour of the jurisdiction, upon the ground, (already suggested,) that congress have the exclusive power to regulate such territories, as they may choose; and they may confer on the territorial government such legislative powers, as they may choose. The courts appointed in such territories are not constitutional courts, in which the judicial powers conferred by constitution on the general government can be deposited. They are merely legislative courts; and the jurisdiction, with which they are invested, is not a part of the judicial power, defined in the third article of the constitution. The American Insurance Company v. Canter, 1 Peters's Sup. R. 511.
- ↑ Mr. Tucker, distinguishes between the word "cases," used in the preceding clauses, and the word "controversies," here used. The former he deems to include all suits, criminal as well as civil. The latter, as including such only, as are of a civil nature. As here applied, controversies "seem" (says he) "particularly appropriated to such disputes, as might arise between the United States, and any one or more states, respecting territorial or fiscal matters; or between the United States and their debtors, contractors, and agents. This construction is confirmed by the application of the word in the ensuing clauses, where it evidently refers to disputes of a civil nature only, such, for example, as may arise between two or more states, or between citizens of different states, or between a state and the citizens of another state, &c." 1 Tucker's Black. Comm. App. 420, 421. Mr. Justice Iredell, in his opinion in Chisholm v. Georgia, 2 Dall. R. 419, 431, 432, gives the same construction to the word "controversies," confining it to such as are of a civil nature.
In the original draft of the constitution, this clause, "controversies to which the United States shall be a party," was omitted. It was add-
