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of course according to the rules and practice of the court." (2.) Criminal Jurisdiction of the Circuit Courts.
[ 53 ] The often cited 11th section of the act of the 24th of September, 1789, gives the circuit courts exclusive cognizance of all crimes and offences cognisable under the authority of the United States, except where that act otherwise provides, or the laws of the United States shall otherwise direct, and concurrent jurisdiction with the district courts of the crimes and offences cognisable therein. The jurisdiction of the circuit courts in criminal cases is confined to offences committed within the district for which those courts respectively sit when they are committed on land. Serg. Const. Law, 129. 2. of the District Courts.
[ 54 ] In treating of district courts, the same division which was made, in considering circuit courts, will here be adopted, by taking a view, 1, Of their organization; and 2, Of their jurisdiction. § 1. of the Organization of the District Courts.
[ 55 ] The United States are divided into districts, in each of which is a court called a district court, which is to consist of one judge, who is to reside in the district for which he is appointed, and to hold annually four sessions. Act of September 24, 1789. By subsequent acts of congress, the number of annual sessions in particular districts, is sometimes more and sometimes less; and they are to be held at various places in the district. There is also a district court in the District of Columbia, held by the chief justice of the circuit court of that district.
^,2. Jurisdiction of the District Courts.
[ 56 ] Their jurisdiction is either civil or criminal.
(L) Their civil jurisdiction ex
tends, 1. To admiralty and maritime causes: the admiralty and maritime jurisdiction, is either the ordinary jurisdiction, which comprehends prize suits; cases of salvage; actions for torts; and actions on contracts, such as seamen's wages, pilotage, bottomry, ransom, materials, and the like; or the extraordinary or expressly vested jurisdiction; which includes cases of seizures under the revenue laws, 6lc.; and captures within the jurisdiction of the United States. 2. To cases of seizure on land under the laws of the United States, and in suits for penalties and forfeitures, incurred under the laws of the United States. 3. To cases in which an alien sues for a tort, in violation of the laws of nations, or a treaty of the United States. 4. To suits instituted by the United States. 5. To actions by and against consuls. 6. To cases in bankruptcy. 7. To certain cases in equity.
[ 57 ] 1. The admiralty and maritime jurisdiction of the district court is ordinary or extraordinary.
1st. The ordinary jurisdiction is granted by the act of September 24th, 1789, § 9 ; it is there enacted, that the district court shall have exclusive original cognizance of all civil causes of admiralty and maritime jurisdiction. This jurisdiction is exclusive. Bee, 19; 3 Dall. 16; Paine, 111; 4 Mason, 139.
This ordinary jurisdiction is exercised in
[ 58 ] (1.) Prize suits. The act of September 24, 1789, § 9, vests in the district courts as full jurisdiction of all prize causes as the admiralty of England ; and this jurisdiction is an ordinary inherent branch of the powers of the court of admiralty, whether considered as prize courts or instance courts. 3 Dall. 16; Paine, Ill.
The act of Congress marks out not only the general jurisdiction of the district courts, but also that of the several courts in relation to each other, in cases of seizure on the waters of the United States, navigable, &c. When the seizure is made within the waters of one district, the court of that district has exclusive jurisdiction, though theoffence may have been committed out of the district. When the seizure is made on the high seas, the jurisdiction is in the court of the district where the property may be brought. 9 Wheat. 402; 6 Cranch, 281; 1 Mason, 360; Paine, 40.
When the seizure has been made within the waters of a foreign nation, the district court has jurisdiction, when the property has been brought into the district and a prosecution has been instituted there. 9 Wheat. 402; 9 Cranch, 102.
The district court has jurisdiction of seizures, and of the question who is entited to their proceeds, as informers or otherwise; and the principal jurisdiction is exclusive, the question as to who is the informer is also exclusive. 4 Mason, 139.
[ 59 ] (2.) Cases of salvage. Under the constitution and laws, this court has exclusive original cognisance in cases of salvage; and, as a consequence, it has the power to determine to whom the residue of the property belongs, after deducting the salvage. 3 Dall. 183.
[ 60 ] (3.) Actions arising out of torts and injuries. The district court has jurisdiction over all torts and injuries committed on the high seas, and in ports or harbours within the ebb and flow of the tide. Vide 1 Wheat. R. 304; 2 Gall. R. 389; 1 Mason, 96; 3 Mason, 242; 4 Mason, 330; 18 Johns. R. 257.
A court of admiralty has jurisdiction to redress personal wrongs committed on a passenger, on the high seas, by the master of a vessel, whetherthose wrongs be by direct force or consequential injuries. 3 Mason, 242.
The admiralty may decree damages for an unlawful capture of an American vessel by a French privateer, and may proceed by attachment in rem. Bee, 60. ,
It has jurisdiction in cases of maritime torts, in personam as well as in rem. 10 Wheat. 473.
This court has also jurisdiction of petitory suits to reinstate owners of vessels who have been displaced from their possession. 5 Mason, 465. It exercises jurisdiction of all torts and injuries committed on the high seas, and in ports or harbours within the flow or ebb of the tide. 2 Gain's. 398; Bee, 51.
A father, whose minor son has been tortiously abducted and seduced on a voyage on the high seas, may sue in the admiralty in the nature of an action per quod, &c, also for wages earned by such son in maritime service. 4 Mason, 380,
[ 61 ] (4.) Suits on contracts. As a court of admiralty, the district court has a jurisdiction, concurrent with the courts of common law, over all maritime contracts, wheresoever the same may be made or executed, or whatsoever be the form of the contract. 2 Gallis. 398. It may enforce the performance of charterparties for foreign voyages, and by proceeding in rem, a lien for freight under them. 1 Sumn. 551; 2 Sumn. 589. It has jurisdiction over contracts for the hire of seamen, when the service is substantially performed on the sea, or on waters within the flow and reflow of the tide. 10 Wheat. 428; 7 Pet. 324; Bee, 199; Gilp. 529. But unless the services are essentially maritime, the jurisdiction does not attach. 10 Wheat. 428; Gilp. 529.
The master of ,a vessel may sue in the admiralty in personam for his wages; and the mate who on his death succeeds him has the same right, 1 Sumn. 157; 9 Mason, 161; 4 Mason, 196. But when the services for which he sues have not been performed by him as master, they cannot be sued for in admiralty. 3 Mason, 161.
The jurisdiction of the admiralty attaches when the services are performed on a ship in port where the tide ebbs and flows. 7 Pet. 324; Gilp. 529.
Seamen employed on board of steamboats and lighters engaged in trade or commerce on tide water are within the admiralty jurisdiction. But those in ferry boats are not so. Gilp. 632; Gilp. 203.
Wages may be recovered in the admiralty by the pilot, deck-hands, engineer, and firemen on board of a steamboat. Gilp. 505.
But unless the service of those employed contribute in navigating the vessel, or to its preservation, they cannot sue for their wages in the admiralty; musicians on board of a vessel, who are hired and employed as such, cannot therefore enforce a payment of their wages by a suit in rem in the admiralty. Gilp. 516.
[ 62 ] 2d. The extraordinary jurisdiction of the district court, as a court of admiralty, or that which is vested by various acts of congress, consists of
(1.) Seizures under the laws of impost, navigation, or trade of the United States. It is enacted by the act of September 24, 1789, § 9, that the district court shall have exclusive original cognizance of all civil causes of admiralty and maritime jurisdiction, including all seizures under laws of impost, navigation, or trade of the United States, when the seizures are made on waters which are navigable from the sea, by vessels of ten or more tons burden, within their respective districts, as well as upon the high seas, saving to suitors, in all cases, the right of a common law remedy, when the common law is competent to give it.
Causes of this kind are to be tried by the district court, and not by a jury. 4 Cranch, 438; 5 Cranch, U81; 1 Wheat. 9, 20; 7 Cranch, 112; 3Dall. 297.
It is the place of seizure and not the committing of the oflence, that, under the act of September 24,1789, gives jurisdiction to the court, 4 Cranch, 443; 5 Cranch, 304; for until there has been a seizure, the forum cannot be ascertained. 9 Cranch, 289.
When the seizure has been voluntarily abandoned, it loses its validity, and no jurisdiction attaches to any court unless there be a new seizure. 10 Wheat. 325; 1 Mason, MI.
[ 63 ] (2.) The admiralty jurisdiction expressly vested in the district court embraces also captures made within the jurisdictional limits of the United States. By the act of April 20, 1818, § 7, the district court shall take cognizance of complaints, by whomsoever instituted, in cases of captures made within the waters of the United States, or within a marine league of the coasts and shores thereof.
[ 64 ] 2. The civil jurisdiction of the district court extends to cases of seizure on land under the laws of the United States, and in suits for penalties and forfeitures incurred under the laws of the United States.
The act of September 24, 1789, § 9, gives to the district court exclusive original cognisance of all seizures made on land, and other waters than as aforesaid, (that is, those which are navigable by vessels of ten or more tons burden, within their respective districts, or on the high seas,) and of all suits for penalties and forfeitures, incurred under the laws of the United States.
In all cases of seizure on land, the district court sits as a court of common law, and its jurisdiction is entirely distinct from that exercised in case of seizure on waters navigable by vessels of ten tons burden and upwards. 8 Wheat. 395.
Seizures of this kind are triable by jury; they are not cases of admiralty and maritime jurisdiction. 4 Cranch, 443.
[ 65 ] 3. The civil jurisdiction of the district court extends also to cases in which an alien sues for a tort, in violation of the law of nations, or a treaty of the United States.
The act of September 24, 1789, § 9, directs that the district court shall have cognizance, concurrent with the courts of the several states, or the circuit courts, as the case may be, of all causes where an alien sues for a tort only, in violation of the law of nations, or of a treaty of the United States.
[ 66 ] 4. The civil jurisdiction of this court extends further to suits instituted by the United States. By the 9th section of the act of September 25th, 1789, the district court shall also have cognizance, concurrent as last mentioned, of all suits at common law, where the United States sue, and the matter in dispute amounts, exclusive of costs, to the sum or value of one hundred dollars. And by the act of March 3d, 1815, § 4, it has cognizance, concurrent with the courts and magistrates of the several states, and the circuit courts of the United States, of all suits at common law where the United States, or any officer thereof, under the authority of any act of congress sue, although the debt, claim, or other matter in dispute, shall not amount to one hundred dollars.
These last words do not confine the jurisdiction given by this act to one hundred dollars, but prevent it from stopping at that sum: and consequently, suits for sums over one hundred dollars are cognisable in the district, circuit, and state courts, and before magistrates, in the cases here
mentioned. By virtue of this act, these tribunals have jurisdiction over suits brought by the postmaster-general, for debts and balance due the general post office. 12 Wheat. 147 ; 2 Pet. 447; 1 Pet. 318.
[ 67 ] 5. This court has jurisdiction of actions by and against consuls or vice-consuls, exclusively of the courts of the several states, except for offences where other punishment than whipping, not exceeding thirty stripes, a fine exceeding one hundred dollars, or a term of imprisonment exceeding six months, is inflicted.
For offences above this description formerly the circuit court only had jurisdiction in cases of consuls. 5 S. & R. 545; 1 Binn. 143; 2 Dall. 299. But by the act of August 23d, 1842, the district courts shall have concurrent jurisdiction with the circuit courts of all crimes and offences against the United States, the punishment of which is not capital. And by the act of February 28th, 1839, § 5, the punishment of whipping is abolished.
[ 68 ] 6. The jurisdiction of the district court under the bankrupt laws will be found under the title Bankrupt.
[ 69 ] 7. The district courts have equitable jurisdiction in certain cases.
By the first section of the act of February 13th, 1807, the judges of the district courts of the United States shall have as full power to grant writs of in junctions, to operate within their respective districts, as is now exercised by any of the judges of the supreme court of the United States, under the same rules, regulations, and restrictions, as are prescribed by the several acts of congress establishing the judiciary of the United States, any law to the contrary notwithstanding. Provided, that the same shall not, unless so ordered by the circuit court, continue longer than to the circuit then next ensuing; nor shall an injunction be issued by a district judge in any case, where the party has had a reasonable time to apply to the circuit court for the writ. An injunction may be issued by the district judge under the act of March 3d, 1820, § 4, 5, where proceedings have taken place by warrant and distress against a debtor to the United States or his sureties, subject by § 6, to appeal to the circuit court from the decision of such district judge in refusing or dissolving the injunction, if such appeal be allowed by a justice of the supreme court. On which, with an exception as to the necessity of an answer on the part of the United States, the proceedings are to be as in other cases. The act of 24th September, 1789, § 14, vests in the judges of the district courts, power to grant writs of habeas corpus, for the purpose of an inquiry into the cause of commitment. Other acts give them powers to issue writs, make rules, take depositions, &c. The acts of congress already treated of relating to the privilege of not being sued out of the district of which the defendant is an inhabitant or in which he is found, restricting suits by assignees, and various others, apply to the district court as well as to the circuit court. By the 9th section of the act of September 24th, 1789, the trial of issues in fact in the district courts, in all causes except civil causes of admiralty and maritime jurisdiction, shall be by jury. Serg. Const. Law, 226, 227.
(2.) The criminal jurisdiction of the district court.
f 70 ] By the act of August 23d, 1842, § 3, it is enacted that the district courts of the United States shall have concurrent jurisdiction with the circuit courts, of all crimes and offences against the United States, the punishment of which is not capital.
[ 71 ] There is a class of district courts of a peculiar description.
These exercise the power of a circuit court, under the same regulations as they were formerly exercised by the district court of Kentucky, which was the first of the kind. The act of September 24th, 1789, § 10, gives the district court ofthe Kentucky district, besides the usual jurisdiction of a district court, the jurisdiction of all causes, except of appeals and writs of error, therein after made cognisable in a circuit court, and writs of error and appeals were to lie from decisions therein to the supreme court, and under the same regulations. By the lath section, authority was given to remove cases from a state court to such court, in the same manner as to a circuit court.
3. The territorial courts.
[ 72 ] These courts have been established in the several territories of the United States to administer justice there. They are as follows:
§ 1. In Florida, the judicial power is vested in two superior courts and such inferior courts and justices of the peace, as the legislative council of the territory may establish. These will be separately considered, by taking a view of the superior courts, 1st, Of their organization; and, 2d, Of their jurisdiction. (1.) There is one superior court for East Florida, to consist of one judge, appointed by the president, by and with the advice and consent of the senate, who holds his office for four years. The other superior court is for West Florida, to consist of one judge, to be appointed by the same authority, and to hold his office for the same period. (2.) Each court has jurisdiction in all criminal cases, and exclusive jurisdiction in all capital cases, and original jurisdiction in all civil cases of the value of one hundred dollars, arising under, or cognisable by the laws of the territory. Each superior court has also the same jurisdiction within its limits, in all cases arising under the laws and