710
Blackmun, J., concurring in judgment
undertook an extensive review and discussion of the statutory bases for its jurisdiction over the appeal. It expressly recognized that its appellate jurisdiction was confined to "those cases, and those cases only, at law or in equity." 175 U. S., at 167 (emphasis added).3 Nevertheless, the Court in Simms did not find the "common law or equity" limitation to be a bar to jurisdiction.4 The Court distinguished Barber, not on grounds that the jurisdictional statute in Barber was limited to cases in law and equity while that in Simms was not—indeed, it could not be so distinguished. The Court distinguished Barber on grounds that it involved domestic relations matters in the States rather than in the Territories. It reasoned that the whole subject of domestic relations "belongs to the laws of the State, and not to the laws of the United States," while "[i]n the Territories of the United States, Congress has the entire dominion and sovereignty, national and local." 175 U. S., at 167-168. Today the Court infers an interpretation of Barber that the Court in Simms plainly rejected.
The second decision undermining the Court's interpretation of Barber is De la Rama v. De la Rama, 201 U. S. 303 (1906), in which the Court took jurisdiction over an appeal
3 The Court stated: "[T]he appellate jurisdiction of this court to review and reverse or affirm the final judgments and decrees of the Supreme Court of a Territory includes those cases, and those cases only, at law or in equity, in which 'the matter in dispute, exclusive of costs, shall exceed the sum of five thousand dollars.' " 175 U. S., at 167.
See also id., at 166 (citing the Act of Mar. 3, 1885, ch. 355, 23 Stat. 443, limiting appellate jurisdiction from the territorial courts to "any suit at law or in equity").
4 The Court concluded it could not review the question of divorce, because it involved "no matter of law, but mere questions of fact" and because, contrary to the statutory amount-in-controversy requirement, it involved "a matter the value of which could not be estimated in money." 175 U. S., at 168-169. It modified and affirmed the alimony award. Id., at 172.
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