Samuel Blatchford

“ It is true that in one or two cases we have intimated a distinction between the extent of jurisdiction given in the first and that given in the second sections of the act of 1875; but that distinction, if well founded, does not affect the present case, since they arise under the second section, which has been supposed to be the broader of the two, and, in any event, the ground of distinction is not here involved.
Now, a mandamus, which was originally a prerogative writ only, has come to be in many cases, and in most states, a private suit, brought for the purpose of enforcing a private right. ”

“ It was one of the declared purposes of the constitution that the judicial power of the United States should extend to certain cases enumerated, one of which was 'to controversies between citizens of different states;' and it was declared that this power should be vested in one supreme court, and in such inferior courts as the congress might from time to time ordain and establish,-thus making it the duty of congress to establish such tribunals. If congress fails in this constitutional duty, the citizens have no redress but the ballot-box. ”

“ Now, if, as has always been held, 'original cognizance,' under section 11 of the act of 1789, did not exist, of proceedings like those before us, founded on citizenship, it must necessarily follow that original cognizance cannot exist, under section 1 of the act of 1875, of such a proceeding, founded on citizenship. If so, it is impossible to see how, with legally identical language in section 2 with that in section 1, jurisdiction by removal can exist, under section 2 of the act of 1875, of proceedings like those before us, founded on citizenship. ”