Page:Federal Reporter, 1st Series, Volume 5.djvu/916

FEDERAL REPORl'EB. �its provisions are as much the supreme law of the land as any line or word in the original instrument. �The clause now under consideration only forbids a state to act towards individuals in disregard of what are generally deemed fundamental principles. So far, then, it is a bulwark against local tyranny and opression, and therefore ought to be considered and enforced as a provision intended and calcu- lated to maintain and promote right and justice between the state and its inhabitants. �Article 7 of the constitution of the state provides sub- stantia,lly as follows: Thç judicial power shall be vested in a supreme, circuit, and county courts. Section 1. The su- preme court shall consist of four justices, "to be chosen in districts by the electors thereof," but the number may be inçreased to seven. Section 2. Vacancies in this of&oe must be filled by election, but the governor may fill a vacancy until the next election. Section e. The supreme court shall have only appellate jurisdiction, £^nd shall hold.a term at the seat of gpvernment annually. Sections 6, 7. The circuit court shall be held in each county by one of the justices of the supreme court, and shall have ail judicial power not otherwise vested. Sections 8, 9. Section 10 provides : "When the white population of the state shall amount to 200,000, the legis- lative assembly may provide for the election of supreme and circuit judges in distinct classes, one of which classes shall consist of three justices of the supreme court, who shall not perform circuit duty, and the other shall consist of the neces- sary number of circuit judges, who shall hold full terms with- out allotment, and who shall take the same oath as the supreme judges." �The petitioner claims that the act under which the persons who were appointed judges of the court in which his case was tried and heard was unconstitutional and void, because : (1) The act does not declare or find that there was 200,000 pop- ulation in the state when it was passed, nor was there any census, election return, or other record or public writing, or record tending to establish that fact, but the contrary; (2) that the provision of the constitution authorizing the legisla- ����