Gordon

delivered the opinion of the Court.

The defendant, upon the allegation that he is an alien, moved the Court below to transfer the case to the District Court of the United States, which the Court refused to do, and this refusal is assigned as error. This is the only assignment of error, which requires a serious consideration. With this question we will also consider the application made to this Court, in the case of Eldridge v. Cowell, ante 80, for a writ of error to this Court from the Supreme Court of the United States, which was refused from the Bench.

The question of power between the Federal and State Judiciary, has been fully discussed on both sides, by some of the ablest intellects which our country has produced.

*369 In approaching the subject, therefore, after much consultation, we think that little else is left for us to do, but to adopt the opinions of the one side or the other.

At an early period, Hamilton, in the Federalist, and after-wards Story and Johnson, in the case of Martin's heirs v. *Hunter's lessee, have given us the argument [369] in favor of the extent of power claimed for the Federal Judiciary. This was followed by the same reasoning in the former…