THE JUDICIAL POWER OF THE UNITED STATES.

In whom vested.

317. The judicial power of the United States is vested in one Supreme Court, and in such inferior courts as Congress may, from time to time, ordain and establish.

318. The object of the Constitution was to constitute three great departments of government: the legislative, the executive, and the judicial department. The first is to pass laws, the second to approve and execute them, and the third to expound and enforce them.

The Supreme Court.

319. The Supreme Court was instituted by the Constitution itself; but its organization was left to Congress. As at present organized, it consists of a Chief Justice and eight Associate Justices, any six of whom make a quorum, and it holds one term annually, at the seat of government, and such adjourned or special terms as it may find necessary for the despatch of business, commencing, formerly, on the first Monday of December; but now on the second Monday

of October of each year. The salary of the Chief Justice is ten thousand five hundred dollars per annum, that of the Associate Justices ten thousand dollars per annum.

320. The importance of a supreme tribunal, in which may meet and terminate appeals from inferior judicatures, is very obvious. Uniformity of decision is thus secured, and the inferior courts kept within the limits of their jurisdiction.

Inferior Courts.

321. While the Constitution imperatively requires that there shall be one Supreme Court, it is left to Congress to determine the number of inferior courts which they will establish. They are bound to create some inferior courts, because the Constitution contemplates cases of which only such courts can, in the first instance, take cognisance; but whether one or more, Congress must, in their discretion, decide.

Circuit Courts.

322. In the exercise of this discretion, Congress have established Circuit and District Courts. Circuit Courts are established in each of the nine great circuits into which the United States are divided. Each circuit is composed of a certain number of districts; the states of Rhode Island, Massachusetts, New Hampshire, and Maine, for example, being districts, and together constituting the first circuit.

323. In each of these districts there are annually held two Circuit Courts, which consist of a judge of the Supreme Court, a judge of the Circuit Court, and as a judge of the District Court. The judge of the SuOpreme Court, however, is not obliged to attend more than one term of the Circuit Court in any district of his circuit during any period of two years. The circuit judge resides in his circuit, and possesses the same power and jurisdiction therein as the justice of the Supreme Court allotted to the circuit. The powers of the justices of the Supreme Court, as judges of the Circuit Court, are unaffected by the act (April 10, 1869) creating the circuit judges, except that the latter have the appointment of the clerks of said court.

Jurisdiction of the Circuit Courts.

324. The jurisdiction of the federal courts depends exclusively on the Constitution and laws of the United

States. And as Congress have the power to establish inferior courts, they have, as a necessary consequence, the right to define their respective jurisdictions. Congress, accordingly, have vested the Circuit Courts with original jurisdiction, concurrently with the courts of the several states, of all suits of a civil nature, where the matter in dispute exceeds five hundred dollars, exclusive of costs, and the United States are plaintiffs, or an alien is a party, or the suit is between a citizen of the state where the suit is brought, and a citizen of another state. They have, too, original jurisdiction of all suits arising under any law of the United States relative to copyrights, and the rights growing out of inventions and discoveries.

325. They have also exclusive jurisdiction of all crimes and offences against the United States, the punishment of which is capital, and concurrent jurisIdiction with the District Courts of all such crimes and offences where the punishment is not capital. And they have appellate jurisdiction from all final decrees and judgments in the District Courts, where the matter in dispute, exclusive of costs, exceeds fifty dollars.

Jurisdiction, cius clip

Jurisdiction-Original - Exclusive — Concurrent-Appellate.

326. By original jurisdiction is meant the right vested in a court to hear and determine a cause in be an exclusive or con

This may

the first instance. current right. It is exclusive when the particular cause can only be brought before the particular court; and concurrent when it may be brought in any one of two or more courts. By appellate jurisdiction is meant the right vested in a court to hear and determine appeals from the judgment of another court. The Circuit Courts, it will be observed, exercise jurisdiction of each description, that is, exclusive, concurrent, and appellate.

District Courts.

327. The United States are at present divided into forty-five districts, in each of which is established a District Court. These districts, for the most part, consist of an entire state, though in several of the states it has been found necessary to constitute two or more districts. A District Court is composed of a single judge, who holds annually four stated terms, and also special courts, in his discretion. In districts where the business of the court may require it to be done for the purposes of justice, the judges