delivered the opinion of the court:
This сase was brought up by appeal from the Circuit Court of Mon-?oe County. The plaintiff in his declaration demands of the defendant
The Constitution of this State, chap. 4, sec. 2, No. 1, of Thompl son’s Digest, page 50, declares that the Supreme Court, except in cases otherwise dirеcted in this Constitution, shall have appellate jurisdiction only — which shall be co-extensive with the State, under such restrictions and regulations not repugnant to this Constitution, as may, from time to time, be prescribed by law.”
The act of the General Assembly of July 25th, 1845, 1 Pamphlet Laws, page 12, Thompson’s Digest, sec. 2, no. 5, pages 50, 51, prescribes that “ thе Supreme Court of this State shall have and exercise appellate jurisdiction in all cases brought up by appeal or writ of error from the several Cirсuit Courts, when the matter in controversy exceeds in amount or value fiity dollars.” This act limits the jurisdiction of this court, and must govern its proceedings in this case, unless it is repugnant tо and conflicts with the provision of the Constitution above cited.
It is contended by the counsel for the appellant that it does so conflict ; at least we understand the argument to be, that a strict construction of the article of the Constitution before referred to, would make it thus conflict; that the words of that article, “ thе Supreme Court shall have appellate jurisdiction, under such restrictions and regulations,” ought not and cannot properly be construed to authorize the Legislature to debar the party of his right of appeal, however small the sum or value in controversy may be. Those words, it is argued, apply only to the modes and forms of proceeding in taking and prosecuting appeals. To this proposition, as thus laid down, we cannot yield our assent. The word restriction is defined by the best lexicographers to mean limitation, confinement within hounds, and would seem, as used in the Constitutiоn, to apply to the amount and to the time within which an appeal might be taken, or a writ of error sued out. The word regulation has a different signification— it means method, and is defined by Webster in his Dictionary, folio 3d, page 929, to be “ a rule or order prescribed by a superior for the management of some business, or for the government of а company or society.” This more properly perhaps applies to the mode and form of proceeding in taking and prosecuting appeals and writs of
It is farther argued that “If the Legislature can restrict appeals to cases where the amount claimed is over fifty dollars, it can rеstrict them to the highest amounts, and may exclude questions on the construction of statutes it may pass.” But it is not to be presumed that the General Assembly would thus abuse the authоrity which, by the clause of the Constitution above cited has been conferred upon it.— The same argument would hold as to any discretionary power. All such powers may be misused ; but courts of justice cannot act upon the presumption that they will be, or because they may, determine that they have not been given. These were mоre properly matters ibr the consideration of the Convention that formed the Constitution and the people who adopted it. The Constitution of the United Statеs (Art. 3, Sec. 2,) provides that “ The judicial power shall extend to all cases in law and equity arising under this Constitution, the laws of the United States, and treaties made, or which shall be made under their authority; to all cases affecting ambassadors, other public ministers and consuls ; to all cases of admiralty and maritime jurisdiction; to controversies between two or mоre States ; between a State and citizens of another State ; .between citizens of different States; between citizens of the same State claiming lands under grаnts of different States ; and between a State, or the citizens thereof, and foreign States, citizens or subjects.” In all cases affecting ambassadors, other public ministers and consuls and those in which a State shall be a party, the Supreme Court shall have original jurisdiction. In all other cases, before mentioned, the Supreme Court shall have appellatе jurisdiction, both as to law and fact, with such exceptions and under such regulations as Congress shall make. 1st United States Statutes at large, 18. Thompson’s Digest, App. 561. Under the рower conferred by this Article, Congress (by the Act of 24th September, 1789, 1st U. S. Statutes at large, 80,) provided that “ Final judgments and decrees in civil actions and suits in equity in a circuit court, brоught there by original process, or removed there
Now it may as well be said that, if the Congress of the United States can restrict appеals and writs of error to the Supreme Court to civil cases where the matter in dispute exceeds the sum or value of two thousand dollars, exclusive of costs, it may rеstrict them to the highest amount; or that, if it may except one class of cases, it may except all or, at least, so large a portion as to render that high tribunal almost entirely useless. We have seen that the judicial power extends to all cases in law and equity, yet the Supreme Court of the United States has no appellate jurisdiсtion in criminal cases, and cannot revise the judgments of the circuit courts by writ of error or habeas corpus, in any case where a party has been convicted of a public offеnce. Ex parte Kearney,
Per curiam,.