of the suit originally does not necessarily negative the power to decide upon it on an appeal, if it may originate in a different court. Ibid. 397.
101. In every case to which the judicial power extends, and in which original jurisdiction is not expressly given, that power shall be exercised in the appellate, and only in the appellate, form. The original jurisdiction of the Supreme Court cannot be enlarged, but its appellate jurisdiction may be exercised in every case, cognizable under the 3d article of the Constitution, in the federal courts, in which original jurisdiction cannot be exercised. Ibid.
102. Where a state obtains a judgment against an individual, and the court rendering such judgment overrules a defence set up under the Constitution or laws of the United States, the transfer of the record into the Supreme Court, for the sole purpose of inquiring whether the judgment violates the Constitution or laws of the United States, cannot be denominated a suit commenced or prosecuted against the state whose judgment is so far reëxamined, within the 11th amendment of the Constitution of the United States. Ibid.
103. The act of Kentucky, of February 27, 1797, concerning occupying claimants of land, whilst it was in force, was repugnant to the Constitution of the United States. It was, however, repealed by a subsequent act of January 31, 1812. This last act is also repugnant to the Constitution of the United States, being in violation of the compact between the states of Virginia and Kentucky, contained in the act of the legislature of Virginia, December 18, 1789, and incorporated into the Constitution of Kentucky. Green et Al. v. Biddle, 8 Wheat. 1.
104. The objection to a law, on the ground of its impairing the obligation of a contract, can never depend, on the extent of the change which the law may make in it; any deviation from its terms, by postponing or accelerating the period of performance which it prescribes, imposing conditions not expressed in the contract, or dispensing with the performance of those which are, however minute, or apparently immaterial in their effect upon the contract of the parties, impairs its obligation. Ibid.
105. The compact between the states of Kentucky and Virginia of 1789–1790, is valid and binding upon the parties, and has, within the meaning of the Constitution of the United States, received the assent of Congress, by act of February 4, 1791, ch. 78, (2 Bior. 191.) Ibid.
106. This compact is not invalid on the ground of its containing limitations, or a surrender of sovereign rights. Ibid.
107. A compact between two states is a contract within that clause of the Constitution which prohibits states from passing any laws impairing the obligation of contracts. Ibid.
108. The several acts of the legislature of the state of New York, granting and securing to Robert R. Livingston and Robert Fulton the exclusive right of navigating the waters within the jurisdiction of that state, with boats moved by fire or steam, for the periods therein specified, are in collision with a constitutional act of Congress, and so far repugnant to the Constitution of the United States, and void. Gibbons v. Ogden, 9 Wheat. 1, 209, 210.
109. The framers of the Constitution must be understood to have employed words in their natural sense, and to have intended what they have said: and in construing the extent of the powers which it creates, there is no other rule than to consider the language of the instrument which confers them, in connection with the purposes for which they were conferred. Ibid. 188, 189.
110. In the clause of the Constitution of the United States, which declares that "Congress shall have power to regulate commerce with foreign nations, and among the several states, and with the Indian tribes," the word "commerce" comprehends "navigation;" and a power to regulate navigation is as expressly granted as if that term had been added to the word "commerce." Ibid. 189, 193.
111. It is a rule of construction that exceptions from a power mark its extent. Ibid. 191.
112. The power to regulate commerce extends to every species of commercial intercourse between the United States and foreign nations, and among the several states. Ibid. 193.
