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case. 12 Wheat.117,129 ; 6 Wheat. 598; 3 Cranch, 268 ; 4 Wheat. 311; 7 Wheat. 164; 2 Peters, 449; 2 Pet. 241; 11 Pet. 167; 1 Pet. 655; 6 Pet. 41 ; 5 Pet. 248. When the judgment of the highest court of law of a state, deciding in favour of the validity of a statute of a state drawn in question, on the ground of its being repugnant to the constitution of the United States, it is not a final judgment within the twenty-fifth section of the judiciary act; if the suit has been remanded to the inferior court, where it originated, for further proceedings, not inconsistent with the judgment of the highest court. 12 Wheat. 135. The words "matters in dispute" in the act of congress, which is to regulate the jurisdiction of the supreme court, seem appropriated to civil causes. 3 Cranch, 159. As to the manner of ascertaining the matter in dispute, see 4 Cranch, 216; 4Dall.22; 3 Pet. 33; 3 Dall. 365; 2 Pet. 243; 7 Pet. 634; 5 Cranch, 13; 4 Cranch, 316.

[14] (4.) The supreme court has jurisdiction by certificate from the circuit court that the opinions of the judges are opposed on points stated, as provided for by the 6th section of the act of April 29th, 1802. The provisions of the act extend to criminal as well as to civil cases. See 2 Cranch, 33; 10 Wheat. 20; 2 Dall. 385; 4 Hall's Law Journ. 462; 5 Wheat. 434; 6 Wheat. 542; 12 Wheat. 212; 7 Cranch, 279.

[ 15 ] (5.) It has also jurisdiction by mandamus, prohibition, habeas corpus, certiorari, and procedendo.

[ 16 ] 2. The criminal jurisdiction of the supreme court is derived from the constitution and the act of September 24th, 1789, s. 13, which gives the supreme court, exclusively, all such jurisdiction of suits or proceedings against ambassadors, or other public ministers, or their domestics, as a court of law can have

or exercise consistently with the law of nations. But it must be remembered that the act of April 30th, 1790, sections 25 and 26, declares void any writ or process whereby the person of any ambassador, or other public minister, their domestics or domestic servants, may be arrested or imprisoned.

Art. 2. The local courts.

[ 17 ] The local courts of the United States are, circuit courts, district courts, and territorial courts. 1. The circuit courts.

[18] In treating of circuit courts, it will be convenient to consider, 1st, Their organization; and, 2dly, Their jurisdiction.

[ 19 ] § 1. Of the organization of the circuit courts. The circuit courts are the principal inferior courts established by congress. There are nine circuit courts, composed of the districts which follow, to wit:

1. The first circuit consists of the districts of New Hampshire, Massachusetts, Rhode Island, and Maine. It consists of a judge of the supreme court and the district judge of the district where such court is holden. See Acts 29 April, 1802; March 26, 1812; and March 30, 1820.

2. The second circuit is composed of the district of Vermont, Connecticut and New York. Act of 3 March, 1837.

3. The third circuit consists of the districts of New Jersey, and eastern and western Pennsylvania. Act of 3 March, 1837.

4. The fourth circuit is composed of Maryland, Delaware, and Virginia. Act of Aug. 16, 1842.

5. The'fifth circuit is composed of Alabama and Louisiana. Act of Aug. 16, 1842.

6. The sixth circuit consists of the districts of North Carolina, South Carolina, and Georgia. Act of Aug. 16, 1842.

7. The seventh circuit is composed of Ohio, Indiana, Illinois, and Michigan. Act of 3 March, 1837, $ 1.

8. The eighth circuit includes Kentucky, East and West Tennessee, and Missouri. Act of March 3,1837, § 1. By the act of April 14, 1842, ch. 20, § 1, it is enacted that the district court of the United States at Jackson, in the district of West Tennessee, shall in future be attached to, and form a part of the eighth judicial district of the United States, with all the power and jurisdiction of the circuit court held at Nashville, in the middle district of Tennessee.

9. The ninth circuit is composed of the districts of Alabama, the eastern district of Louisiana, the district of Mississippi, and the district of Arkansas. Act of March 3, 1837, § 1.

[ 20 ] In several districts of the United States, owing to their remoteness from any justice of the supreme court, there are no circuit courts held. But in these, the district court there is authorized to act as a circuit court, except so far as relates to writs of error or appeals from judgments or decrees in such district court.

[ 21 ] The act of March 3, 1837, provides, "That so much of any act or acts of congress as vests in the district courts of the United States for the districts of Indiana, Illinois, Missouri, Arkansas, the eastern district of Louisiana, the district of Mississippi, the northern district of New York, the western district of Virginia, and the western district of Pennsylvania, and the districts of Alabama, or either of them, the power and jurisdiction of circuit courts, be, and the same is hereby, repealed; and there shall hereafter be circuit courts held for said districts by the chief or associate justices of the supreme court, assigned or allotted to the circuit to which such districts may respectively belong, and the district judges of such districts severally and respectively, either of whom shall con

stitute a quorum; which circuit courts, and the judges thereof, shall have like powers, and exercise like jurisdiction as other circuit courts and the judges thereof; and the said district courts, and the judges thereof, shall have like powers and exercise like jurisdiction, as the district courts, and the judges thereof, in the other circuits. From all judgments and decrees, rendered in the district courts of the United States for the western district of Louisiana, writs of error and appeals shall lie to the circuit court in the other district in said state, in the same manner as from decrees and judgments rendered in the districts within which a circuit court is provided by this act."

[ 22 ] In all cases where the day of meeting of the circuit court is fixed for a particular day of the month, if that day happen on Sunday, then, by the act of 29th April, 1802, and other acts, the court shall be held the next day.

[ 23 ] The act of 29th April, 1802, § 5, further provides, that on every appointment which shall be hereafter made, of a chief justice, or associate justice, the chief justice and associate justices shall allot among themselves the aforesaid circuits, as they shall think fit, and shall enter such allotment on record.

[ 24 ] The act of March 3, 1837, § 4, directs that the allotment of the chief justice and the associate justices of the said supreme court to the several circuits shall be made as heretofore.

And by the act of August 16, 1842, the justices of the supreme court of the United States, or a majority of them, are required to allot the several districts among the justices of the said court.

[ 25 ] And in case no such allotment shall be made by them, at their sessions next succeeding suchappointment, and also, after the appointment of any judge as aforesaid, and before any other allotment shall have been made, it shall and may be lawful for the President of the United States, to make such allotment as .he shall deem proper—which allotment, in either case, shall be binding until another allotment shall be made. And the circuit courts constituted by this act shall have all the power, authority and jurisdiction, within the several districts of their respective circuits, that before the 13th February, 1801, belonged to the circuit courts of the United States.

[ 26 ] The justices of the supreme court of the United States, and the district judge of the district where the circuit is holden, compose the judges of the circuit court. The district judge may alone hold a circuit court, though no judge of the supreme court may be allotted to that circuit. Pollard v. Dwight, 4 Cranch,421.

[ 27 ] The act of September 24th, 17H9, § 6, provides, that a circuit court may be adjourned from day to day, by one of its judges, or if none are present, by the marshal of the district, until a quorum be convened. By the act of May 19th, 1794, a circuit court in any district, when it shall happen that no judge of the supreme court attends within four days after the time appointed by law, for the commencement of the sessions, may be adjourned to the next stated term, by the judge of the district, or, in case of his absence also, by the marshal of the district. But by the 4th section of the act of 29th April, 1802, where only one of the judges thereby directed to hold the circuit courts shall attend, such circuit court may be held by the judge so attending.

By the act of March 2d, 1809, certain duties are imposed on the justice of the supreme court, in case of the disability of the district judge to hold a district court. Sect. 2, enacts, that

in case of the disability of the district judge of either of the district courts of the United States, to hold a district court, and to perform the duties of his office, and satisfactory evidence thereof being shown to the justice of the supreme court allotted to that circuit, in which such district court ought, by law to be holden, and on application of the district attorney, or marshal of such district, in writing, to the said justice of the supreme court, said justice of the supreme court shall, thereupon, issue his order in the nature of a certiorari, directed to the clerk of such district court, requiring him forthwith to certify unlo the next circuit court, to be holden in said district, all actions, suits, causes, pleas, or processes, civil or criminal, of what nature or kind soever, that may be depending in such district court, and undetermined, with all the proceedings thereon, and all files, and papers relating thereto, which said order shall be immediately published in one or more newspapers, printed in said district, and at least thirty days before the session of such circuit court, and shall be deemed a sufficient notification to all concerned. And the said circuit court shall, thereupon, have the same cognisance of all such actions, suits, causes, pleas, or processes, civil or criminal, of what nature or kind soever, and in the like manner, as the district court of said district by law might have, or the circuit court, had the same been originally commenced therein, and shall proceed to hear and determine the same accordingly; and the said justice of the supreme court, during the continuance of such disability, shall, moreover, be invested with, and exercise all and singular the powers and authority, vested by law in the judge of the district court in said district. And all bonds and recognisances taken for, or returnable to, such district court, shall be construed and taken to be to the circuit court to be holden thereafter, in pursuance of this act, and shall have the same force and effect in such court as they would have had in the district court to which they were taken. Provided, that nothing in this act contained shall be so construed, as to require of the judge of the supreme court, within whose circuit such district may lie, to hold any special court, or court of admiralty, at any other time than the legal time for holding the circuit court of the United states in and for such district. Sect. 2, provides, that the clerk of such district shall, during the continuance of the disability of the district judge, continue to certify as aforesaid, all suits or actions, of what nature or kind soever, which may thereafter be brought to such district court, and the same transmit to the circuit court next thereafter to be holden in the same district. And the said circuit court shall have cognisance of the same, in like manner as is hereinbefore provided in this act, and shall proceed to hear and determine the same. Provided, nevertheless, that when the disability of the district judge shall cease, or be removed, all suits or actions then pending and undetermined in the circuit court, in which by law the district courts have an exclusive original cognisance, shall be remanded, and the clerk of the said circuit court shall transmit the same, pursuant to the order of the said court, with all matters and things relating thereto, to the district court next thereafter to be holden in said district, and the same proceedings shall be had therein, as would have been, had the same originated or been continued in the said district court. Sect. 3, enacts, that in case of the district judge in any district being unable to discharge his duties as aforesaid, the district clerk of such district shall be authorized and empowered, by leave or order of

the circuit judge of the circuit in which such district is included, to take, during such disability of the district judge, all examinations, and depositions of witnesses, and to make all necessary rules and orders, preparetory to the final hearing of all causes of admiralty and maritime jurisdiction. See 1 Gall. 337; 1 Cranch, 309; note to Hayburn's case, 3 Dall. 410. If the disability qf the district judge terminate in his death, the circuit court must remand the certified causes to the district court. Ex parte United States, 1 Gall. 337.

[ 28 ] By the first section of the act of 3d March, 1821, in all suits and actions in any district court of the United States in which it shall appear that the judge of such court is any ways concerned in interest, or has been of counsel for either party, or is so related to, or connected with either party as to render it improper for him, in his opinion, to sit on the trial of such suit or action, it shall be the duty of such judge, on application of either party, to cause the fact to be entered on the records of the court, and also an order that an authenticated copy thereof, with all the proceedings in such suit or action, shall be forthwith certified to the next circuit court of the district, and if there be no circuit court in such district, to the next circuit court in the state, and if there be no circuit court in such state, to the most convenient circuit court in an adjacent state; which circuit court shall, upon such record being filed with the clerk thereof, take cognisance thereof, in like manner as if such suit or action had been originally commenced in that court, and shall proceed to hear and determine the same accordingly, and the jurisdiction of such circuit court shall extend to all such cases to be removed, as were cognizable in the district court from which the same was removed.

[ 29 ] And the act of February 28, 1839, § 8, enacts, "That in all suits and actions in any circuit court of the United States in which it shall appear that both the judges thereof, or the judge thereof, who is solely competent by law to try the same, shall be any ways concerned in interest therein, or shall have been of counsel for either party, or is, or are so relatted to, or connected with, either party as to render it improper for him or them, in his or their opinion, to sit in the trial of such suit or action, it shall be the duty of such judge or judges, on application of either party, to cause the fact to be entered on the records of the court; and, also to make an order that an authenticated copy thereof, with all the proceedings in such suit or action, shall be certified to the most convenient circuit court in the next adjacent state, or in the next adjacent circuit; which circuit court shall, upon such record and order being filed with the clerk thereof, take cognisance thereof in the same manner as if such suit or action had been rightfully and originally commenced therein, and shall proceed to hear and determine the same accordingly ; and the proper process for the due execution of the judgment or decree rendered therein, shall run into and may be executed in the district where such judgment or decree was rendered; and, also, into the district from which such suit or action was removed."

[ 30 ] The judges of the supreme court are notappointed as circuit court judges, or in other words, have no distinct commission for that purpose: but practice and acquiescence under it for many years, were held to afford an irresistible argument against this objection to their authority to act, when made in the year 1803, and to have fixed the construction of the judicial system. The court deemed the contemporary exposition to be of the most forcible nature, and considered the question at rest, and not to be

disturbed then. Stuart v. Laird, 1 Cranch, 308. If a vacancy exist by the death of the justice of the supreme court to whom the district was alloted, the district judge may under the act of congress, discharge the official duties, (Pollard v. Dwight, 4 Cranch, 428. See the fifth section of the act of 29th April, 1802,) except that he cannot sit upon a writ of error from a decision in the district court. United States v. Lancaster, 5 Wheat. 434.

[ 31 ] It is enacted by the act of February 28, 1839, § 2, that all the circuit courts of the United States shall have the appointment of their own clerks; and in case of disagreement between the judges, the appointment shall be made by the presiding judge of the court.

[ 32 ] The marshal of the district is an officer of the court, and the clerk of the district court is also clerk of the circuit court in such district. Act of September 24th, 1789, § 7.

[ 33 ] In the District of Columbia, there is a circuit court established by particular acts of congress composed of a chief justice and two associates. See act of February 27, 1801; 12 Pet. 524; 7 Pet. 203; 7 Wheat. R. 534; 3 Cranch, 159; 8 Cranch, 251; 6 Cranch, 233.

§ 2. Of the Jurisdiction of the Circuit Courts. [ 34 ] The jurisdiction of the Circuit Courts is either civil or criminal. (1.) Civil Jurisdiction. The civil jurisdiction is either at law or in equity.

Their civil jurisdiction at law is, 1st, original; 2d, by removal of acI tions from the state courts; 3d, by writ of mandamus; 4th, by appeal.

1st. The original jurisdiction of the circuit courts at law, may be considered first, as to the matter in controversy; second, with regard to the parties litigant.

(1.) The Matter in Dispute. [ 35 ] By the act of September

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