[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 Commentaries, §§ 1590-1595.
[603] 1 Stat. 73, §§ 9-11.
[604] Ibid.