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Thomas Hamilton v. James Russell U.S. 309 (1803)

handle is hein.slavery/ussccases0054 and id is 1 raw text is: FEBRUARY, i80.3. 309 proceed upon the faid bond. This is true, if there be STUAPtR no fatutable provifion to diredl and authorize fuch pro- IV. ceeding. congress have conflitutional authority to efta- LAIRD. blifh from time to time fuch inferior tribunals as they may think proper; and to transfer a caufe from one fuch tri- bunal to another. In this laft particular, there are no words in the conftitution to prohibit or reftrain the exer- cife of legiflative power. The prefent is a cafe of this kind. It is nothing more than the removal of the fuit brought by Stuart againft Laird from the court of the fourth circuit to th, court of the fifth circuit, which is authorized to proceed upon and carry it into full effed. This is apparent from the ninth fedion of the a& entitled, an adt to amend the judicial 99 fyftem of the United States, paffed the 29th of April, 1802. The forthcoming bond is an appendage to the caufe, or rather a component part of the proceedings. 2d. Another reafon for reverfal is, that the judges of the fupreme court have no right to fit as circuit judges, not being appointed as fuch, or in other words, that they ought to have diftin& commiffions for that purpofe. To this objeffion, which is of recent date, it is fuflicient to obferve, that pratice and acquiefcence under it for a period of feveral years, commencing with the organization of the judicial fyftem, affords an irrefiftable anfwer, and has indeed fixed the conftruaion. It is a contemporary interpretation of the moft forcible nature. This praftical expofition is too ftrong and obftinate to be fhaken or con- trolled. Of courfe, the queftion is at reft, and ought not now to be difturbed. Judgment ajrmed, THOMAS HAMILTON V/. JAMES RUSSELL. ____HAM I LT D, r0. ERROR from the circuit court of the diftri t RuSSE'L L. of Columbia fitting at Alexandria.

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