delivered the opinion of the court.

It was decided at the last term in Ex parte Tom Tong, 108 U. S. 556, that this court could not take jurisdiction of a certificate of division in opinion between the judges of a Circuit Court *386 in proceedings under a writ of babeas, corpus until final judgment bad been rendered in accordance with tbe opinion-of tbe presiding justice or judge. Tbis is sucb a case, and it is consequently remanded to tbe Circuit Court for further proceedings according to law.