Supreme Court of Pennsylvania

“ The amendment to the constitution proposed by Pennsylvania seems to be founded upon the idea that the federal judiciary will, from a lust of power, enlarge their jurisdiction to the total annihilation of the jurisdiction of the state courts, that they will exercise their will instead of the law and the constitution. This argument, if it proves anything, would operate more strongly against the tribunal proposed to be created which promises so little, than against the Supreme Court, which for reasons given before had every thing connected with their appointment calculated to ensure confidence. ”

“ The powers of a court of equity, vested by this constitution, in the tribunals of Congress; powers which do not exist in Pennsylvania, unless so far as they can be incorporated with jury trial would, in this state, greatly contribute to this event. The rich and wealthy suitors would eagerly lay hold of the infinite mazes perplexities and delays, which a court of chancery, with the appellate powers of the supreme court in fact as well as law would furnish him with, and thus the poor man being plunged in the bottomless pit of legal discussion, would drop his demand in despair. ”

“ If the Supreme Court of Pennsylvania was, as a matter of State law, authorized to disallow the appeal because the claim was not formulated with adequate particularity, a federal question is wanting and our writ, being without proper foundation, should e dismissed. ”

“ The supreme court of Pennsylvania has decided that an injunction cannot be granted to restrain a municipal officer from exercising an office which he has vacated by accepting another office, or from entering upon an office under an appointment by a town council, alleged to be illegal; but that the only remedy in either case is at law by quo warranto. ”

“ By the constitution of Pennsylvania, art. 1, § 1, the whole legislative power of the commonwealth is vested in the general assembly. In the creation of tribunals for the exercise even of judicial powers, the legislature are under no restraint. They may place it where they please, and in themselves, if they see fit. 'The judicial power of this commonwealth shall be vested in a supreme court, &c., and in such other courts as the legislature may from time to time establish.' Art. ”

“ The Federal courts in cases of which they have jurisdiction will doubtless continue to follow the rule of the Hart Case, but the highest court of Pennsylvania may administer the common law according to its understanding and interpretation of it, being only amenable to review in the Federal Supreme Court where some right, title, immunity, or privilege, the creation of the Federal power, has been asserted and denied. ”

“ This language is comparable, on the state level, to the language in the federal Act. If Congress was protecting a public, as opposed to a purely private, interest, the same could be said of the Pennsylvania Legislature. The State Supreme Court has not said otherwise. [23] The court opinion, of course, did not analyze in detail the state law basis for injunction in this case because it found lack of state jurisdiction, and the dissenting opinion discussed the jurisdictional aspect of the case and did not reach the merits. ”

“ And here it is contended, that, prior to the constitution under which we now live, the state of Pennsylvania was governed by a council of safety, and committees. But to this, it is answered, that until laws were passed by a competent legislative power, no government could be said to exist; and, as the act of the 28th of January 1779, for the revival of the laws, virtually declares that they were suspended from the 14th May, 1776, till the 11th February, 1777, it is inferred, that during that period, no allegiance was due and no treason could be committed. ”

“ It is not a little remarkable, that in 1810 the legislature of Virginia thought very differently, and then deemed the supreme court a fit and impartial tribunal. [a 14] Pennsylvania at the same time, though she did not deny the court to be, under the constitution, the appropriate tribunal, was desirous of substituting some other arbiter. ”

“ Neville, 74 Pa. 52, by the supreme court of Pennsylvania, per Agnew, J., in delivering the opinion of that court. The same principle is held in Wyeth Hardware & Mfg. Co. v. H. F. Lang & Co. 127 Mo. 242, 247, 27 L. R. A. 651, 48 Am. St. Rep. ”

“ In Pennsylvania, a supreme court judge holds office twenty-one years, a county judge ten years. Age limit prevails in some States. In a democracy, it is not surprising to find the doctrine sometimes asserted that juries in criminal cases are judges both of law and fact. In certain civil cases, the jury is a crude but powerful engine for holding corporations to strict responsibility for the citizens’ safety, although excessive or unfounded verdicts are to be deplored. ”

“ Has not a citizen of New York a right to hold lands, or any other kind of property under the laws of Pennsylvania? And if that state were to attempt to deprive him of the same rights as her own citizens enjoy, would it not be a violation of this clause of the constitution? The truth is, a citizen of New York is, so far as all his civil rights and privileges are concerned, a citizen of Pennsylvania. See Mr Justice Story's Commentaries 674, 675.
An author's copyright at common law exists in Pennsylvania. ”

“ Like the hall, the Supreme Court chamber is Doric with fluted pilasters instead of engaged columns, and walls entirely paneled up. There are three windows at each end and two back of the judge's bench with its paneled platform and rail, and balustraded staircases at each end. In this room the convention to form a new constitution for Pennsylvania met July 15, 1776, and unanimously approved the Declaration of Independence, and pledged the support of the State. Delegates to Congress were elected who were signers of the Declaration. ”

“ To the Republicans in Pennsylvania: It may now be taken for granted that Governor Pennypacker will say nothing publicly upon the proposition that the Republican party shall nominate and elect him to the Supreme Court judgeship. But something should be said by some one to wash away the existing misrepresentation. I am fully informed, better informed than Governor Pennypacker, of the facts surrounding the proposition, and in view of the recent publications, anonymous and judicial, it seems to be proper that they should be enlightened. Their criticisms upon the Governor are unwarranted. ”

“ The doctrine of perpetual allegiance to be found in the books, applies only to established and settled government, not to the case of withdrawing from an old government, and erecting a distinct one. Then every member of the community has a right of election, to resort to which he pleases; and even after the new system is formed, he is entitled to express his dissent; and, dissenting from a majority, to retire with impunity unto another country. Upon this principle, it was asserted that the prisoner never was a subject of the State of Pennsylvania ”

“ Third. The fourth and fifth special grounds of demurrer assert that the supreme court of the District of Columbia had no jurisdiction to define boundaries in the state of Pennsylvania, or to remove a cloud upon title to land in that state. ”