Melville Fuller

“ Section 6 is as follows: 'That hereafter, in all cases of conviction of crime, the punishment of which provided by law is death, tried before any court of the United States, the final judgment of such court against the respondent shall, upon the application of the respondent, be re-examined, reversed, or affirmed by the supreme court of the United States upon a writ of error, under such rules and regulations as said court may prescribe. Every such writ of error shall be allowed as of right, and without the requirement of any security for the prosecution of the same or for costs. ”

“ The supreme court sitting at special term and the supreme court sitting in general term are the same tribunal, but the court in general term exercises appellate powers, and is an appellate court, although it may also exercise jurisdiction in hearing matters in the first instance, (Rev. St. D. C. §§ 770, 800;) and the final judgments or decrees which may be brought here by appeal or writ of error are those rendered by the general term. ”

“ Unless, therefore, as is indeed not disputed, this writ of error comes within the act of congress of February 6, 1889, entitled 'An act to abolish circuit court powers of certain district courts of the United States, and to provide for writs of error in capital cases, and for other purposes,' (25 St. p. 655,) it cannot be maintained. ”