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tract mentioned in the instrument. They are generally attached to certificates of loan, where the interest is payable at particular periods, and, when the interest is paid, they are cut offund delivered to the payor.

COURSE. The direction in which a line runs in surveying. When there are no monuments, (q. v.) the land must be bounded by the courses and distances mentioned in the patent or deed. 4 Wheat. 444; 3 Pet. 96; 3 Murph. 82; 2 Har. & John. 267; 5 Har. & John. 254; when the lines are actually marked, they must be adhered to, though they vary from the course mentioned in the deeds. 2 Overt. 304; 7 Wheat. 7. See 3 Call, 239; 7 Monr. 333. Vide Boundary; Line.

COURT, practice, a court is an incorporeal political being, which requires for its existence, the presence of the judges, or a competent number of them, and a clerk or prothonotary, at the time during which, and at the place where it is by law authorised to be held; and the performance of some public act, indicative of a design to perform the functions of a court. In another sense, the judges, clerk or prothonotary, counsellors and ministerial officers, are said to constitute the court. According to Lord Coke, a court is a place where justice is judicially administered. Co. Litt. 58, a. The judges alone, are also called the court. Vide 6 Vin. Ab. 484; Wheat. Dig. 127; Merl. R^p. h. t.; 3 Com. Dig. 300; 8 Id. 386; Dane's Ab. Index, h. t.

Courts are of various kinds; when considered as to their powers, they are of record and not of record, Bac. Ab. Courts, D; when compared to each other, they are supreme, superior, and inferior, Id.; when examined as to their original jurisdiction, they are civil or criminal; when viewed as to their territorial jurisdiction, they are central, or local; when

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divided as to their object, they are courts of law, courts of equity, courts martial, admiralty courts, and ecclesiastical courts. They are also courts of original jurisdiction, courts of error, and courts of appeal. Vide Open Court.

COURT OF ARCHES, eccles. law, is the most ancient consistory court belonging to the archbishop of Canterbury for the trial of spiritual causes. It is so called, because it was anciently held in the church of Saint Mary le Bow; which church had that appellation from its steeple, which was raised at top with stone pillars, in the manner of an arch or bow. Termes de la Ley.

COURT, INSTANCE. Vide Instance Court.

COURT MARTIAL, is a court authorised by the articles of war, for the trial of all offenders in the army or navy, for military offences. Article 64, directs that general courts-martials, may consist of any number of commissioned officers, from five to thirteen, inclusively; but they shall not consist of less than thirteen, where the number can be converted, without manifest injury to the service. Vide Gord. Dig. Laws U. S., art. 3331 to 3357; 2 Story, L. U. S. 1000; and also the Treatises of Adye, Delafon, Hough, J. Kennedy, M. V. Kennedy, McArthur, McNaghteii, Simmons and Tyler on Courts Martial.

COURT OF INQUIRY. A court constituted by authority of the articles of war, invested with the power to examine into the nature of any transaction, accusation or imputation against any officer or soldier; the said court shall consist of one or more officers, not exceeding three, and a judge advocate, or other suitable person, as a recorder, to reduce the proceedings and evidence to writing, all of whom shall be sworn to the performance of their duty. Art. 91. Gord. Dig. Laws U. S., art. 3558 to 3560.

COURT, PRIZE. Vide Prize Court.

COURTS OF THE UNITED STATES. The judiciary of the United States is established by virtue of the following provisions, contained in the third article of the constitution, namely:

"§ 1. The judicial power of the United States shall be vested in one Supreme Court, and in such inferior courts as Congress may, from time to time, ordain and establish. The judges, both of the supreme and inferior courts, shall hold their offices during good behaviour, and shall, at stated times, receive for their services a compensation, which shall not be diminished during their continuance in office."

"§ 2. (1) The judicial power shall extend to all cases in law and equity arising under this constitution, the laws of the United States, and treaties made, or which shall be made, under their authority; to all cases affecting ambassadors, other public ministers and consuls; to all cases of admiralty and maritime jurisdiction; to controversies to which the United States shall be a party; to controversies between two or more states, between a state and citizen of another state, between citizens of different states, between citizens of the same state claiming lands under grants of different states, and between a state, or the citizens thereof, and foreign states, citizens or subjects.

"(2) In all cases affecting ambassadors, other. public ministers and consuls, and those in which a state shall be party, the supreme court shall have original jurisdiction. In all the other cases before mentioned, the supreme court shall have appellate jurisdiction, both as to law and fact, with such exceptions, and under

such regulations, as congress shall make.

"(3) The trial of all crimes, except in cases of impeachment, shall be by jury; and such trial shall be held in the state where the said crimes shall have been committed; but when not committed within any state, the trial shall be at such place or places as congress may by law have directed."

By the amendments to the constitution, the following alteration has been made:

"Art. 11. The judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by citizens of another state, or by citizens or subjects of any foreign state."

This subject will be considered by taking a view of 1, the central courts; and 2, the local courts. Art. 1. The Central Courts of the United States [ 2 ] The central courts of the United States are, the senate for the trial of impeachments, and the supreme court. The territorial jurisdiction of these courts extends over the whole country.

1. of the Senate of the United
States.

[ 3 ] 1. The constitution of the United States, art. 1, § 3, provides that the Senate shall have the sole power to try all impeachments. When sitting for that purpose, the senate shall be on oath or affirmation. When the president of the United States is tried, the chief justice shall preside; and no person shall be convicted without the concurrence of two-thirds of the members present.

[ 4 ] It will be proper here to consider, 1. The organization of this extraordinary court; and, 2. Its jurisdiction.

§ 1. Its organization differs according as it has or has not the president of the United States to try. For the trial of an impeachment of the president, the presence of the chief justice is required. There must also be a sufficient number of senators present to form a quorum. For the trial of all other impeachments, it is sufficient if a quorum be present.

§ 2. The jurisdiction of the senate as a court for the trial of impeachments extends to the following officers, namely, the president, vice-president, and all civil officers of the United States, art. 2, § 4, when they shall have been guilty of treason, bribery, and other high crimes and misdemeanors. Ib. The constitution defines treason, art. 3, § 3, but recourse must be had to the common law for a definition of bribery. Not having particularly mentioned what is to be understood by "other high crimes and misdemeanors," resort, it is presumed, must be had to parliamentary practice and the common law, in order to ascertain what they are. Story, Const. § 795.

2. Of the Supreme Court.

[ 5 ] The constitution of the United States directs that the judicial power of the United States shall be vested in one supreme court; and in such inferior courts as congress may, from time to time, ordain and establish. It will be proper to consider, 1st, Its organization; 2dly, Its jurisdiction.

[ 6 ] \ 1. Of the organization of the supreme court. Under this head will be considered, 1. The appointment of the judges; 2. The number necessary to form a quorum; 3. The time and place of holding the court.

1. The judges of the supreme court are appointed by the president, by and with the advice and consent of the senate. Const. art. 2, § 2.

They hold their office during good behaviour, and receive for their services a compensation, which shall not be diminished during their continuance in office. Const. art. 3, § 1. They consist of a chief justice and eight associate justices. Act of March 3, 1837, § 1.

2. Five judges are required to make a quorum, Act of March 3, 1837, § 1; but those attending on the day appointed for holding a session of the court, although less than four, have authority to adjourn the court from day to day, for twenty days, after the time appointed for the commencement of said session, unless five justices shall sooner attend; and the business shall not be continued over till the next session of the court, until the expiration of the said twenty days. Act of January 21, 1829. By the same act, if, after the judges shall have assembled, on any day less than five shall assemble, the judge or judges so assembling shall have authority to adjourn the said court, from day to day, until a quorum shall attend, and, when expedient and proper, may adjourn the same without day.

3. The supreme court is holden at the city of Washington; Act of April 29,1802 ; the session commences on the second Monday of January, in each and every year; Act of May 4, 1826; the first Monday of August in each year is appointed as a return day. Act of April 29,1802. In case of a contagious sickness, the chief justice or his senior associate may direct in what other place the court shall be held, and the court shall accordingly be adjourned to such place. Act of February 25,1799, § 7. The officers of a court are a clerk, who is appointed by the court, a marshal, appointed by the president, by and with the advice and consent of the senate, crier, and other inferior officers.

[ 7 ] §2. Of the jurisdiction of the supreme court. The jurisdiction of the supreme court is either civil or criminal.

1. The civil jurisdiction is either original or appellate.

(1.) The provisions of the constitution that relate to the original jurisdiction of the supreme court, are contained in the articles of the constitution already cited.

[ 8 ] By the act of September 24th, 1769, § 13, the supreme court shall have exclusive jurisdiction of all controversies of a civil nature where a state is a party, except between a state and its citizens; and except also, between a state and citizens of other states or aliens, in which latter case it shall have original, but not exclusive jurisdiction. And shall have, exclusively, all such jurisdiction of suits or proceedings against ambassadors or other public ministers, or their domestics or domestic servants, as a court of law can have or exercise consistently with the law of nations. And original, but not exclusive jurisdiction of all suits brought by ambassadors or other public ministers, or in which a consul or viceconsul shall be a party. And the trial of issues in fact, in the supreme court, in all actions at law, against citizens of the United States, shall be by jury.

[ 9 ] In consequence of the decision of the case of Chisholm v. Georgia, where it was held that assumpsit might be maintained against a state by a citizen of a different state, the 1*1 th article of the amendments of the constitution above quoted, was adopted. In those cases in which original jurisdiction is given to the supreme court, the judicial power of the United States cannot be exercised in its appellate form. With the exception of those cases in which original jurisdiction is given to this court, there is none to which the judicial power ex

tends, from which the original jurisdiction of the inferior courts is excluded by the constitution. The constitution establishes the supreme court and defines its jurisdiction. It enumerates the cases in which its jurisdiction is original and exclusive, and defines that which is appellate. See 11 Wheat. 467. Congress cannot vest in the supreme court original jurisdiction in a case in which the constitution has clearly not given that court original jurisdiction; and affirmative words in the constitution, declaring in what cases the supreme court shall have original jurisdiction, must be construed negatively as to all other cases, or else the clause would be inoperative and useless. 1 Cranch, 137. See 5 Pet. 1; 5 Pet. 284; 12 Pet. 657; 9 Wheat. 738; 6 6 Wheat. 264.

[ 10 ] 2. The supreme court exercises appellate jurisdiction in the following different modes:

(1.) By writ of error from the final judgments of the circuit courts; of the district courts, exercising the powers of circuit courts; and of the superior courts of the territories, exercising the powers of circuit courts, in certain cases. A writ of error does not lie to the supreme court to reverse the judgment of a circuit court, in a civil action by writ of error carried from the district court to the circuit court. The United States v. Goodwin, 7 Cranch, 108. But now, by the act of July 4, 1840, c. 20, § 3, it is enacted that writs of error shall lie to the supreme court from all judgments of a circuit court, in cases brought there by writs of error from the district court, in like manner and under the same regulations, as are provided by law for writs of error for judgments rendered upon suits originally brought in the circuit court.

[11] (2.) The supreme court has jurisdiction by appeals from the final decrees of the circuit courts; of the district courts exercising the powers of circuit courts; and of the superior courts of territories, exercising the powers of circuit courts in certain cases. See 8 Cranch, 251 ; 6 Wheat. 448.

[ 18 1 (3.) The supreme court has also jurisdiction by writ of error from the final judgments and decrees of the highest courts of law or equity in a state in the cases provided for by the twenty-fifth section of the act of September 24th, 1789, which enacts that a final judgment or decree, in any suit in the highest court of law or equity of a state, in which a decision in the suit could be had, where is drawn in question the validity of a treaty, or statute of, or an authority exercised under, the United States, and the decision is against their validity; or where is drawn in question the validity of a statute of, or an authority exercised under any state, on the ground of their being repugnant to the constitution, treaties, or laws of the United States, and the decision is in favour of such their validity; or where is drawn in question the construction of any clause of the constitution, or of a treaty, or statute of, or commission held under the United States, and the decision is against the title, right, privilege, or exemption specially set up or claimed by either party, under such clause of the said constitution, treaty, statute, or commission, may be re-examined, and reversed or affirmed in the supreme court of the United States, upon a writ of error, the citation being signed by the chief justice or judge, or chancellor of the court rendering or passing the judgment or decree complained of, or by a justice of the supreme court of the United States, in the same manner, and under the same regulations, and the writ shall have the same effect as if the judgment or decree complained of had

been rendered or passed in a circuit court; and the proceeding upon the reversal shall also be the same, except that the supreme court, instead of remanding the cause for a final decision as before provided, may, at their discretion, if the cause shall have been once remanded before, proceed to a final decision of the same, and award execution. But no other error shall be assigned or regarded as a ground of reversal, in any such case as aforesaid, than such as appears on the face of the record, and immediately respects the before mentioned questions of validity, or construction of the said constitution, treaties, statutes, commissions, or authorities in dispute.

[ 13 ] The appellate jurisdiction of the supreme court extends to all cases pending in the state courts; and the twenty-fifth section of the judiciary act, which authorizes the exercise of this jurisdiction in the specified cases by writ of error, is supported by the letter and spirit of the constiution- 1 Wheat. 304. When the construction or validity of a treaty of the United States is drawn in question in the state courts, and the decision is against its validity, or the title specially set up by either party under the treaty, the supreme court has jurisdiction to ascertain that title, and to determine its legal meaning. 1 Wheat. 358; 5 Cranch, 344; 9 Wheat. 738; 1 Pet. 94; 9 Pet. 224; 10 Pet. 368; 6 Pet. 515. The supreme court has jurisdiction although one of the parties is a state, and the other a citizen of that state. 6 Wheat. 284. Under the twentyfifth section of the judiciary act, when any clause of the constitution or any statute of the United States is drawn in question, the decision must be against the title or right set up by the party under such clause or statute; otherwise the supreme court has no appellate jurisdiction of the

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