The American Judiciary | Page 3

People v. Hoffman People v. Olcott People v. Webb People, Johnson v.
People, McFarland v. Pepin v. Lachenmeyer Perkins, United States v.
Perry v. Bush, Peters, Wheaton v. Pollock v. Farmers' Loan and Trust
Co. Prigg v. Pennsylvania Pritschau, Cleveland, Painesville and Eastern
R. R. Co. v.
Radcliffe, Grover & Baker Sewing Machine Co. v. Rand v. Mather
Raub, Eakin v. Rawitzer, Lennon v. Reese, United States v. Regents v.
Williams Rhode Island Co., Dyson v. Rice, Exchange Bank v. Rich,
Upshur County v. Ripley, McVeigh v. Robbins' Case Robertson v.
Baldwin Robinson, Ex parte Royall, Ex parte Rumsey v. New York
and New England R. R. Co. Russell, Christmas v. Rutgers v.
Waddington
Sanderson v. Penn. Coal Co. Sandford, Dred Scott v. Saunders, Ogden

v. Scott v. Sandford Seligman, Burgess v. Shepherd, State v. Sheve, U.
S. v. Siebold, Ex parte Sims' Case Slaughter, Groves v. Smith, Fish v.
Smith, Hill v. Smith, U. S. v. Smyth v. Ames Social Mfg. Co.,
Merriman v. South Bethlehem, Myers v. Sparf v. U. S. St. Louis Transit
Co., Eckrich v. Stack v. New York, New Haven and Hartford R. R. Co.
Stanley v. Colt Stanley, U. S. v. Stanton, Georgia v. Starr v. Pease State
v. Baxter State v. Bulkley State v. Cunningham State v. Houser State v.
Johnson State v. Judges State v. Lee State v. Main State v. Morrill State
v. Shepherd State v. Travelers' Insurance Co. State v. Ward State v.
Worden State, Brooks v. Stephens, petitioner Stifle, Drehman v. Stone,
Irvine v. Stonington, Goshen v. Swift v. Tyson
Tacoma Railway and Power Co., Coler v. Tassel's Case Taylor v.
Beckham Tennessee, Coleman v. Terry v. McDaniel Thayer, Boyd v.
The Genesee Chief The Grapeshot The La Ninfa The Lottawanna The
Moses Taylor The Schooner Little Charles, U. S. v.
The Thomas
Jefferson Thomas Jefferson, The Thompson, Kilbourn v. Topeka, Loan
Association v. Trademark Cases Travelers' Insurance Co., State v.
Trevett v. Weeden Tua v. Carriere Turner, City of South Bend v. Tyson,
Swift v.
Union River Logging Co., Noble, v. United States v. Debs United
States v. Griswold United States v. Joint Traffic Association United
States v. Klein United States v. Nash United States v. Perkins United
States v. The Schooner Little Charles United States v. Reese United
States v. Robbins United States v. Sheve United States v. Smith United
States v. Sparf United States v. Stanley United States v. Wilson United
States v. Worrall United States, Boyd v. United States, Coffin v. United
States, Dorr v. United States, Kepner v. United States, Mormon Church
v. United States, Northern Securities Co. v. Upshur County v. Rich
Vanhorne's lessee v. Dorrance Vincent v. Mutual Reserve Fund Life
Association Virginia, Cohens v. Virginia, Paul v. Voorhies, M'Kim v.
Waddington, Rutgers v. Walkinshaw, Katz v. Walton, Holmes v. Ward
v. Conn. Pipe Mfg. Co., Ward, State v., Warmoth, Kellogg v.,
Waterbury, French v., Webb, People
v., Weeden, Trevett v., Western
Union Telegraph Co. v. Call Publishing Co., Wheaton v. Peters,

Wheeler, Ohio and Mississippi R. R. Co., v., Wheeler's Appeal, Wilcox
v. Heywood, Wilcox, Griffin v., Williams, Blair v., Williams, Regents
v., Wilson, U. S. v., Woleott, Diggs v., Woodward, Dartmouth College,
v., Worcester v. Georgia, Worden, State v., Worrall, U. S. v.
Additional cases cited in Second edition.
Janvrin v. Revere Water Co., Revere Water Co., Janvrin, v., O'Brien's
Petition, Seery v. Waterbury, Waterbury, Seery v.
* * * * *



PART I
THE NATURE AND SCOPE OF THE
JUDICIAL POWER IN THE UNITED STATES
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CHAPTER I
ENGLISH ORIGIN AND EARLY DEVELOPMENT OF THE
AMERICAN JUDICIARY
No government can live and flourish without having as part of its
system of administration of civil affairs some permanent human force,
invested with acknowledged and supreme authority, and always in a
position to exercise it promptly and efficiently, in case of need, on any
proper call. It must be permanent in its character. Only what is

permanent will have the confidence of the people. It must always be
ready to act on the instant. The unexpected is continually happening,
and it is emergencies that put governments to the test.
The judiciary holds this position in the United States. The institutions
which underlie and characterize it, both of the United States and of
each of the States, considered by itself,[Footnote: I do not except
Louisiana, for trial by jury and other institutions derived from the
common law have profoundly affected her whole judicial system.] are
the outgrowth of those of the thirteen English colonies on the Atlantic
coast, which declared their independence in 1776.
The colonial charters, whether of the proprietary, provincial or
republican type, were all equally charters for Englishmen, based on the
common law of the English people. So far as they granted legislative
power,