21. The proceeding by bill and cross-bill is said to be the most appropriate where the question in dispute is one of boundary be `tween states ; and the court, in such cases, to execute its decree by the ap pointment of commissioners to run the line decided upon. 7 How. 660.
In consequence of the decision in the case Of Chisholm v. Georgia, where it was held that assumpsit might be maintained against a state by, a citizen of another state, the ele venth article of the amendments of the con stitution, cited 1, was adopted.
This article is retrospective, and not only prevents the bringing of new suits, but de prives the court of jurisdiction of all suits depending. at the time, wherever a state was sued by the citizens of another state, or by citizens or subjects of a foreign state. 3 Dall. 375.
22. The supreme court has also the power to issue writs of .habeas corpus, sere facias, and all other writs not especially provided for by statute, which may be necessary for the exercise of, its jurisdiction and agreeable to the Principles and usages of law ; and the justices have, individually, the power to grant writs of habeas corpus, of ne exeat, and of in junction. Act of 1789, c. 20, sects. 14, l5, 18, 33; Act of 1833, c. 57, sect. 7 ; Act of 1842, c. 527. It has also the ordinary powers exer cised by Courts.
in those cases in which original jurisdic tion is given to the supreme court, the judi cial power of the United States cannot be exercised in appellate form. With the exception of cases in which original juris diction is given to this court, there are none to which the judicial power extends, from Which the original jurisdiction of the inferior courts is excluded by the constitution.
23. Congress cannot vest in the supreme court original jurisdiction in a case in which the constitution his clea'rly not given that 'court original jurisdictiou ; and affirmative words in the constitution, declaring in what cases the supreme court shall have original jurisdiction, must be construed negatively as to all other cases, as otherwise the clause would be inoperative and useless. 1 Cranch, 137. See 5 Pet. 1, 284; 12 id. 657; 6 Wheat.
264; 9 id. 738.
24. The supreme court exercises appellate jurisdiction in the following different modes; By writ of error from the final judgment of the circuit courts, of the district courts exer cising the powers of circuit courts, and of the superior courts of the territories exercising the powers of circuit courts in certain cases. Ia tho case of the United Stites v. Goodwin, 7 Cranch, 108, it was held that a writ of error did not lie to the supreme court to reverse the judgment of a circuit court, in a ,civil action by writ of error carried from the district court to the circuit court. But now, by the set of July 4, 1840, c. 20, sect. 3, it is enacted that writs of error shall lie to the supreme court from all judgments of a circuit court, in cases brought there by writs of error from the dis trict court, in like manner and under the same regulations as are provided by law for writs of error for judgments rendered upon suits originally brought in the circuit court 25. It has jurisdiction by appeal from the final decrees of the circuit courts, of the dis trict courts exercising the powers circuit courts in certain cases. See 8 Cranch, 251; 6 Wheat. 448. Its appellate jurisdiction from the courts of the United States is specified in the first and second sections of the third article of the constitution, both of which have been cited at length, and by the act of 1789, c. 20, sects. 13, 22. To give jurisdiction over a mac which is removed from the circuit courts, the judgments or decrees in civil actions and suits in equity must be final ; the matter in dispute must exceed the sum or value of two thousand dollars, exclusive of costs ; and the right of appeal on a writ of error extends to cases whether they have been brought in the circuit court by original, process, or were re moved there from a state court, or removed there by appeal from a district court. Ap peals are allowed from the circuit court of the District of Columbia where the matter in dispute exceeds one thousand dollars.
The right of appeal from the territorial courts varies in the several territories, and will he noticed under the head of each.