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§ 334. “With Respect to any of the Matters Mentioned in the Last Two Sections.”

This section supplements the legislative powers given to the Parliament by the last section with respect to conferring jurisdiction on federal and State courts and limiting the concurrent jurisdiction of the State Courts. By these preliminary words the whole operation of the section is limited to the nine classes of matters enumerated in secs. 75 and 76. The cases in which jurisdiction may be given to the inferior federal courts and to the courts of the States are precisely the same as the cases in which original jurisdiction has been given, or may be given, to the High Court. It is to be observed, however, that the jurisdiction which may be given under this section is not restricted to “original jurisdiction.” The matters in which jurisdiction may be given are those enumerated in the “original jurisdiction” clauses; but the jurisdiction which may be given in these matters, under this section, is apparently either original or appellate. (See Martin v. Hunter's Lessee, 1 Wheat. 304; Kent, Comm. i. 319; Story, Comm. § 1732.) It is thus possible that the inferior courts created by the Parliament may come to play a very important part in the federal judiciary. There may be established, not only courts of original jurisdiction corresponding to the District Courts of the United States, but also courts of appellate as well as original jurisdiction, corresponding to the Circuit Courts of the United States.

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