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Updated: June 12, 2025
This decision did not affect the limited suffrage law, which gave women the right to vote for Presidential electors; all State officers not expressly named in the constitution, including Attorney General and Judges of the Appellate, Superior, Criminal, Probate and Juvenile Courts; all city, township and county officers not named in the constitution.
Peace must be made at any cost with Alexander, and he would accept no peace from which the Lombards were excluded. Frederic yielded to the inevitable with a good grace. In form there was a compromise. The cities, while retaining the regalia and the free election of their consuls, recognised their allegiance to the Emperor and his appellate jurisdiction.
If competent men will not ordinarily go on the bench of an appellate court, unless by way of promotion, until they have accumulated a sufficient fortune to make them comfortable in old age, then as competent men will usually, in one way or another, be selected, and as few of these are men who from their youth have been occupying judicial positions, the judges will usually be possessed of some independent means.
In cases where a state or a foreign minister is a party the supreme court has original jurisdiction, in other cases it has appellate jurisdiction, and "any case which involves the interpretation of the Constitution can be taken to the supreme court, however small the sum in dispute."
Counsel may endeavor to procure a reconsideration of the question, but they cannot ask the jury to adopt a different view from that taken by the judge. Their only remedy is by a motion for a new trial, after the verdict, or proceedings in error before a higher court. Trial courts generally sit during a greater number of hours in the day than appellate courts.
There is the question whether a military man, educated in a military school, accustomed to supreme command, unaccustomed to the administration of civil law among a free people, is to be intrusted with these appellate jurisdiction over the courts of the country; whether he can in any way, whether he ought in any way, to be intrusted with such a power.
In addition to these, the General government is clothed with the treaty-making power, and the whole charge of the foreign relations of the country; with power to admit new States into the Union; to dispose of and make all needful rules and regulations concerning the territory and all other property belonging to the United States; to declare, with certain restrictions, the punishment of treason, the constitution itself defining what is treason against the United States; and to propose, or to call, on the application of the legislatures of two-thirds of all the states, a convention for proposing amendments to this constitution; and is vested with supreme judicial power, original or appellate, in all cases of law and equity arising under this constitution, the laws of the United States, and treaties made or to be made under their authority, in all cases affecting ambassadors, other public ministers, and consuls, in all cases of admiralty and maritime jurisdiction, in all controversies to which the United States shall be a party, all controversies between two or more States, between a State and citizens of another State, between citizens of different States, between citizens of the same State claiming lands under grants of different States, and between a State or the citizens thereof and foreign states, citizens, or subjects.
But it is certain, that to the defendant and his friends he declared his confidence of a final acquittal, if the cause were transferred to the appellate court; and John Breckenridge was not a man to boast emptily, or to hold out hopes which he knew could never be realized.
Original cognizance of legal matters belonged to the municipal courts, appellate jurisdiction to the supreme tribunal, in which the judges were appointed by the sovereign. The liberty of the citizen against arbitrary imprisonment was amply provided for. The 'jus de non evocando', the habeas corpus of Holland, was re-established.
We have seen that he retired from the active employment of the bar in his 45th or 46th year, merely following up afterwards to the appellate courts some important cases which he had discussed in the lower.
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