6. Act of March 3, 1863 (12 Stat. 766, ch. 92, sec. 5).
Provision for an appeal from the Court of Claims to the Supreme Court—there being, at the time, a further provision (sec. 14) requiring an estimate by the Secretary of the Treasury before payment of final judgments, held to contravene the judicial finality intended by the Constitution, article III.
Gordon v. United States, 2 Wallace 561 (March 10, 1865). (Case was dismissed without opinion; the grounds upon which this decision was made were stated in a posthumous opinion by Chief Justice Taney printed in the appendix to volume 117 of the U.S. Reports at p. 697.)
7. Act of June 30, 1864 (13 Stat. 311, ch. 174, sec. 13).
Provision that "any prize cause now pending in any circuit court shall, on the application of all parties in interest * * * be transferred by that court to the Supreme Court * * *", as applied in a case where no action had been taken in the Circuit Court on the appeal from the District Court, held to propose an appeal procedure not within article III, section 2.
The "Alicia", 7 Wallace 571 (January 25, 1869).
8. Act of January 24, 1865 (13 Stat. 424, ch. 20).
Requirement of a test oath (disavowing actions in hostility to the United States) before admission to appear as attorney in a Federal court by virtue of any previous admission, held invalid as applied to an attorney who had been pardoned by the President for all offenses during the Rebellion—as ex post facto (art. I, sec. 9, clause 3) and an interference with the pardoning power (art. II, sec. 2, clause 1).
Ex parte Garland, 4 Wallace 333 (January 14, 1867).
9. Act of July 13, 1866 (14 Stat. 138), amending act of June 30, 1864 (13 Stat. 284, ch. 173, sec. 122).