Mayor v. Cooper
Supreme Court of the United States
( Error to the Circuit Court for the Middle District of Tennessee; the case being thus: The Constitution of the United States ordains, that “the judicial power of the United States shall be vested in one Supreme Court, and in such inferior courts as Congress may from time to time ordain and establish ,” and that this power “ shall extend to all cases, in law and equity, arising under this Constitution and the laws of the United States.”
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( Error to the Circuit Court for the Middle District of Tennessee; the case being thus: The Constitution of the United States ordains, that “the judicial power of the United States shall be vested in one Supreme Court, and in such inferior courts as Congress may from time to time ordain and establish ,” and that this power “ shall extend to all cases, in law and equity, arising under this Constitution and the laws of the United States.” With this provision in force as fundamental, Congress, having in 1789 established Circuit Courts, inferior to the Supreme Court, passed, during the late…
1Opinion of the CourtJustice Swayne
It does not appear that any question was raised in the court below as to the regularity of the proceedings by which the case was removed from the Circuit Court of the State to the Circuit Court of the United States. Nor does it appear to have been denied that the acts of Congress referred to embraced the case, and if valid, gave the right to have the transfer made. We are therefore relieved from the necessity of considering those subjects. We have found nothing in the record, and nothing in the statutes which, as we think, authorizes a doubt or objection as to either point.
The judgment of the…
2Cases cited1 opinion
- United States v. PetersSupreme Court of the United States · 1809
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