State v. Trustees of the University

Brooks, J.,

delivered the' opinion of the Court. The attention of the Court has not been invited to the question of j urisdietion in this case, by either the complainant or respondent, in their arguments. Yet, that is a question to be considered in the opinion of this Court, and the first properly demanding attention.

All the authority vested in the Courts of the United States to hear and determine causes, arises under the provisions of the Constitution of the United States, or acts of Congress.

By the provisions of the Constitution the Supreme Court of the United States is established, and its…