laws of the United States, and treaties made, or which shall be made under their authority" — and to all cases between parties therein enumerated, without reference to the nature of the question in litigation. The third enumerates certain cases, in which the Supreme Court shall have original jurisdiction, and then provides, that "in all others before mentioned, it shall have appellate jurisdiction, both as to law and fact, with such exceptions and under such regulations as the Congress shall make."
The question is thus narrowed down to a single point — Has Congress the authority, in carrying this power into execution, to make a law providing for an appeal from the courts of the several States, to the Supreme Court of the United States?
There is, on the face of the two clauses, nothing whatever to authorize the making of such a law. Neither of them names or refers, in the slightest manner to the States, or to the courts of the States; or gives the least authority, apparently, to legislate over or concerning either. The object of the former of these two clauses, is simply to extend the judicial power, so as to make it commensurate with the other powers of the government; and to confer jurisdiction over certain cases, not arising under the constitution, and laws of the United States, or treaties made under their authority. While the latter simply provides, in what cases the Supreme Court of the United States shall have original, and in what, appellate jurisdiction. Appellate stands in contradistinction to original jurisdiction, and as the
