etween a State and its citizens, and, perhaps every case in
which a State is enforcing its penal laws. In such cases, therefore, the
Supreme Court cannot take original jurisdiction."

[590] Ohio ex rel. Popovici _v._ Agler, 280 U.S. 379 (1930).

[591] 3 Dall. 321 (1796). Justice Wilson dissented from this holding and
contended that the appellate jurisdiction, as being derived from the
Constitution, could be exercised without an act of Congress or until
Congress made exceptions to it.

[592] Durousseau _v._ United States, 6 Cr. 307 (1810).

[593] 6 Wall. 318 (1868); 7 Wall. 506 (1869).

[594] 15 Stat. 44 (1868).

[595] 7 Wall. 506, 514. The Court also took occasion to reiterate the
rule that an affirmation of appellate jurisdiction is a negative of all
other and stated that as a result acts of Congress providing for the
exercise of jurisdiction had "come to be spoken of as acts granting
jurisdiction, and not as acts making exceptions to * * * it." It
continued grandly: "* * * judicial duty is not less fitly performed by
declining ungranted jurisdiction than in exercising firmly that which
the Constitution and the laws confer." Ibid. 513, 515.

[596] _See_ especially the parallel case of Ex parte Yerger, 8 Wall. 85
(1869). For cases following Ex parte McCardle, _see_ Railroad Co. _v._
Grant, 98 U.S. 398, 491 (1878); Kurtz _v._ Moffitt, 115 U.S. 487, 497
(1885); Cross _v._ Burke, 146 U.S. 82, 86 (1892); Missouri _v._ Missouri
Pacific R. Co., 292 U.S. 13, 15 (1934); Stephan _v._ United States, 319
U.S. 423, 426 (1943). _See also_ United States _v._ Bitty, 208 U.S. 393,
399-400 (1908), where it was held that there is no right to appeal to
the Supreme Court except as an act of Congress confers it.

[597] 105 U.S. 381 (1882).

[598] Ibid. 386. _See also_ Barry _v._ Mercein, 5 How. 103, 119 (1847);
National Exchange Bank _v._ Peters, 144 U.S. 570 (1892); American
Construction Co. _v._ Jacksonville T. & K.W.R. Co., 148 U.S. 372 (1893);
Colorado Central Consol. Min. Co. _v._ Turck, 150 U.S. 138 (1893); St.
Louis, I.M. & S.R. Co. _v._ Taylor, 210 U.S. 281 (1908); Luckenbach S.S.
Co. _v._ United States, 272 U.S. 533 (1926).

[599] 1 Wheat. 304 (1816).

[600] Ibid. 374.

[601] Ibid. 331. This recognition, however, is followed by the statement
that "the whole judicial power of the United States should be at all
times, vested either in an original or appellate form, in some courts
created under its authority."

[602] 2