 [ Hudson ] having been made without argument , and by a majority only of the court , I hope that it is not an improper course to bring the subject again in review for a more solemn decision , as it is not a question of mere ordinary import , but vitally affects the jurisdiction of the courts of the United States ; a jurisdiction which they cannot lawfully enlarge or diminish . I shall submit , with the utmost cheerfulness , to the judgment of my brethren , and if I have hazarded a rash opinion , I have the consolation to know , that their superior learning and ability will save the public from an injury by my error . 
