ss derives the power to transfer to Federal tribunals
certain classes of cases embraced in this section. The
Constitution expressly declares that the judicial power of
the United States 'shall extend to all cases in law and
equity arising under this Constitution, the laws of the
United States, and treaties made, or which shall be made,
under their authority; to all cases affecting embassadors,
other public ministers, and consuls; to all cases of
admiralty and maritime jurisdiction; to controversies to
which the United States shall be a party; to controversies
between two or more States, between a State and citizens of
another State, between citizens of different States, between
citizens of the same State claiming land under grants of
different States, and between a State, or the citizens
thereof, and foreign States, citizens, or subjects.'

"Here the judicial power of the United States is expressly
set forth and defined; and the act of September 24, 1789,
establishing the judicial courts of the United States, in
conferring upon the Federal courts jurisdiction over cases
originating in State tribunals, is careful to confine them
to the classes enumerated in the above recited clause of the
Constitution. This section of the bill undoubtedly
comprehends case, and authorizes the exercise of powers that
are not, by the Constitution, within the jurisdiction of the
courts of the United States. To transfer them to those
courts would be an exercise of authority well calculated to
excite distrust and alarm on the part of all the States; for
the bill applies alike to all of them--as well to those that
have as to those that have not been engaged in rebellion.

"It may be assumed that this authority is incident to the
power granted to Congress by the Constitution, as recently
amended, to enforce, by appropriate legislation, the article
declaring that 'neither slavery nor involuntary servitude,
except as a punishment for crime whereof the party shall
have been duly convicted, shall exist within the United
States, or any place subject to their jurisdiction.' It can
not, however, be justly claimed that, with a view to the
enforcement of this article of the Constitution, there is,
at present, any necessity for the exercise of all the powers
w