In the basement story of one of the wings of the Capitol is the hall of the Supreme Court of the United States. It is by no means a large or handsome apartment; and the lowness of the ceiling, and the circumstance of its being under ground, give it a certain cellar-like aspect, which is not pleasant. This is perhaps unfortunate, because it tends to create in the spectator the impression of justice being done in a corner; and, that while the business of legislation is carried on with all the pride, pomp, and circumstance of glorious debate, in halls adorned with all the skill of the architect, the administration of men's rights is considered an affair of secondary importance.

Though the American law courts are no longer contaminated by wigs, yet the partiality for robes would appear not yet to be wholly extinct. The judges of the Supreme Court wear black Geneva gowns; and the proceedings of this tribunal are conducted with a degree of propriety, both judicial and forensic, which leaves nothing to be desired. I certainly witnessed none of those violations of public decency, which in the State Courts are matters of ordinary occurrence. There was no lounging either at the bar or on the bench; nor was it, apparently, considered necessary to sink the gentleman in the lawyer, and assume a deportment in the discharge of professional duty which would not be tolerated in private society.

The Supreme Court consists of seven judges, removable only by impeachment, and possesses a federal jurisdiction over the whole Union. It sits annually in Washington for about two months, and is alone competent to decide on questions connected with the constitution or laws of the United States. Though possessing original jurisdiction in a few cases, its chief duties consist in the exercise of an appellate

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jurisdiction from the Circuit Courts, which are held twice a-year in the different States.

It would be tedious to enumerate the various cases in which the Federal Courts, in their three gradations of Supreme, Circuit, and District, exercise an exclusive or concurrent jurisdiction. It is enough that it should be generally understood that the Supreme Court is the sole expounder of the written constitution; and when we consider how open this important instrument has been proved to diversity of interpretation, what opposite meanings have been put upon its simplest clauses, and, in short, that the Constitution is precisely whatever four judges of this court may choose to make it, it will be seen how vitally important is the power with which it has been intrusted, and how difficult must be its exercise.

But the difficulties of the Supreme Court do not end here. Its jurisdiction extends not over a homogeneous population, but a variety of distinct communities, born under different laws, and adopting different forms in their administration.

Causes before the State Courts, in which the laws of the United States are even collaterally involved,

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are removable by writ of error to the Supreme Federal Court, and the decision of the State Court may be affirmed or reversed. In the latter case, a mandate is issued directing the State Court to conform its judgment to that of the Supreme Court. But the State tribunal is at perfect liberty to disregard the mandate, should it think proper; for the principle is established, that no one court can command another, but in virtue of an authority resting on express stipulation, and it is the duty of each judicature to decide how far this authority has been constitutionally exercised.

Then the legislatures of different States have found it occasionally convenient to pass laws for the purpose of defrauding their foreign creditors, while, in the case of Great Britain at least, the federal government is bound by express treaty that no lawful impediment shall be interposed to the recovery of the debts due by American citizens to British subjects. Under such circumstances, the Federal Court, backed by the whole honest portion of the people, certainly succeeded in putting a stop to the organized system of State swindling adopted by

Kentucky after the late war; but awkward circumstances occurred, and the question may yet be considered practically undecided, whether the State legislatures possess a controlling power over the execution of a judgment of the Supreme Court.

Should a case occur, as is far from improbable, in which the federal legislature and judiciary are at variance, it would, no doubt, be the duty of the latter to declare every unconstitutional act of the former null and void. But under any circumstances, the Court has no power of enforcing its decrees. For instance, let us take the Indian question, and suppose, that in defiance of treaties, Georgia should persist in declaring the Creek and Cherokee Indians subject to the State laws, in order to force them to migrate beyond the Mississippi. The Indians appeal to the Supreme Court, and demand protection from unprincipled violence. The Court recognises their rights, and issues its mandate, which is just so much waste paper, unless the Government choose to send a military force along with it, which neither the present Congress nor executive would be inclined to do.