the common law is competent to give it.' It is not a remedy in the common law courts which is saved, but a common law remedy. A proceeding in rem, as used in the admiralty court, is not a remedy afforded by the common law; it is a proceeding under the civil law. When used in the common law courts, it is given by statute." The criminal jurisdiction of the United States is mainly vested in the district courts, although in some cases the Circuit Courts have concurrent jurisdiction. The United States courts have no common law criminal jurisdiction. "It is long since settled that the courts of the United States have no common law jurisdiction in criminal cases; that, so far as the United States are concerned, there are no common law crimes; and that therefore its courts cannot take cognizance of any act or omission as a crime unless it has been made such by an act of congress." 12 The jurisdiction of the district courts over suits for penalties and forfeitures incurred under any law of the United States is exclusive.13 12 United States vs. Lewis, 36 Fed. Rep., 449. 13 Lees vs. United States, 150 U. S., 476. CHAPTER III. THE CIRCUIT COURTS. SECTION 6. STATUTORY PROVISIONS. Under the United States Statutes, the Circuit Courts of the United States have original cognizance1 concurrent with the courts of the several states, of all suits of a civil nature, at common law or in equity, where the matter in dispute exceeds, exclusive of interest and costs, the sum or value of $2,000, and arising under the Constitution or laws of the United States, or treaties made under their authority, or in which controversy the United States are plaintiffs or petitioners, or in which there shall be a controversy between citizens of different states, or a controversy between citizens of the same State claiming lands under grants of different states, or a controversy between citizens of a State and foreign states, citizens, or subjects, in which the matter in dispute exceeds, exclusive of interest and costs, the sum or value aforesaid.3 1 Rev. Stats., 629, cl. 1, as amended March 3, 1887, and corrected Aug. 13, 1888, 25 U. S. Stats., 433. Donnick vs. Railroad Co., 103 U. S., 11; International Bank of St. Louis vs. Faber, 79 Fed. Rep., 919; Bigelow vs. Nickerson, 34 U. S. App., 261; 70 Fed. Rep., 113; Central Trust Co. vs. Smith Atlantic & O. R. Co., 57, Fed. Rep., 536; Dwight vs. Central Vt. R. Co., 20 Blatchf., 200; Wheeler vs. Walton et al., 65 Fed. Rep., 720; Paine vs. Hook, 7 Wallace, 426; Davis vs. Life Association of America, 11 Fed. Rep., 781; Central Nat. Bank vs. Stevens, 169 U. S., 432; Short vs. Hepburn, 41 U. S. App., 520; 75 Fed. Rep., 113; In re Langford, 57 Fed. Rep., 570; Walker vs. Flint, 3 McCrary, 507; Erwin vs. Lowery, 7 Howard, 172. Vance vs. Vandercook Co., 170 U. S., 468; Kanouse vs. Martin, 15 Howard, 198; King vs. Wilson, Dill, 555; Hill vs. Blascow R. Co., 41 Fed. Rep., 610; Werner vs. Murphy, 60 Fed. Rep., 769; Holt vs. Bergevin, 60 Fed. Rep., 1; Ex Parte Bradstreet, 7 Peters, 634; Fishback vs. Western Union Tel. Co., 161 U. S., 96; Citizen's Bank vs. Cannon, 164 U. S., 319; Brown vs. Webster, 156 U. S., 328; Cabot vs. McMaster, 61 Fed. Rep., 129; Holden vs. Utah & M. M. Co., 82 Fed. Rep. 209; Wheeler Bliss Mfg. Co. vs. Pickham, 69 Fed. Rep., 419. The Circuit Courts also have original jurisdiction in the following classes of cases: * First. Of all suits at common law where the United States, or any officer thereof suing under the authority of any act of Congress, are plaintiffs. Second. Of all suits at law or in equity, arising under any act providing for revenue from imports or tonnage, except civil cases of admiralty and maritime jurisdiction, and except suits for penalties and forfeitures; of all causes arising under any law providing internal revenue, and of all causes arising under the postal laws. Third. Of all suits and proceedings for the enforcement of any penalties provided by laws regulating the carriage of passengers in merchant vessels. Fourth. Of all proceedings for the condemnation of property taken as prize, in pursuance of Section 5308, title, "Insurrection."7 Fifth. Of all suits arising under any law relating to the slave-trade. Sixth. Of all suits by the assignee of any debenture for drawback of duties, issued under any law for the collection of duties against the person to whom such debenture was originally granted, or against any indorser thereof, to recover the amount of such debenture. Seventh. Of all suits at law or in equity arising under the patent or copyright laws of the United States. Rev. Stats. Sec., 629. A number of the clauses in this section have been repealed, which accounts for the omitted numbers. Gibson vs. Peters, 150 U. S., 342; Brown vs. Smith, 88 Fed. Rep., 565. 6 Spreckles Sugar Refinery Co. 542. 7 Union Ins. Co. vs. United States, 6 Wallace, 759. Eighth. Of all suits by or against any banking association established in the district for which the court is held, under any law providing for national banking associations. Ninth. Of all suits brought by any banking association established in the district for which the court is held, under the provisions of title "The National Banks," to enjoin the Comptroller of the Currency, or any receiver acting under his direction, as provided by said title. Tenth. Of all suits brought by any person to recover damages for any injury to his person or property on account of any act done by him, under any law of the United States for the protection or collection of any of the revenues thereof, or to enforce the right of citizens of the United States to vote in the several states.8 Eleventh. Of all suits to recover possession of any office, except that of elector of President or VicePresident, representative or delegate in Congress, or member of a State legislature, authorized by law to be brought, wherein it appears that the sole question touching the title to such office arises out of the denial of the right to vote to any person offering to vote, on account of race, color, or previous condition of servitude: Provided, that such jurisdiction shall extend only so far as to determine the rights of the parties to such office by reason of the denial of the right guaranteed by the Constitution of the United States, and secured by any law to enforce the right of citizens of the United States to vote in all the states. Twelfth. Of all proceedings by the writ of quo warranto, prosecuted by any district attorney, for the Crawford vs. Johnson, 1 Deady, 6 Fed. Cas., No. 3,369. • Johnson vs. Jumel, 3 Woods, 69, 13 Fed. Cas., No. 7,392. removal from office of any person holding office, except as a member of Congress or of a State legislature, contrary to the provision of the third section of the fourteenth article of amendment to the Constitution.10 Thirteenth. Of all suits to recover pecuniary forfeitures under any act to enforce the right of citizens of the United States to vote in the several states. Fourteenth. Of all suits authorized by law to be brought by any person to redress the deprivation, under color of any law, statute, ordinance, regulation, custom, or usage of any State, of any right, privilege or immunity, secured by the Constitution of the United States, or of any right secured by any law providing for equal rights of citizens of the United States, or of all persons within the jurisdiction of the United States."1 Fifteenth. Of all suits authorized by law to be brought by any person on account of any injury to his person or property, or of the deprivation of any right or privilege of a citizen of the United States, by any conspiracy mentioned in Section 1980, title, "Civil Rights." Sixteenth. Of all suits authorized by law to be brought against any person who, having knowledge that any of the wrongs mentioned in Section 1980, are about to be done, and, having power to prevent, or aid in preventing the same, neglects or refuses so to do, to recover damages for any such wrongful act. Seventeenth. Of all suits and proceedings arising under Section 5344, title "Crimes," for the punishment of officers and owners of vessels, through whose negligence or misconduct the life of any person is destroyed. 10 Nebraska vs. Lockwood, 3 Wallace, 236. "Holt vs. Indiana Mfg. Co., 176 U. S., 68; California Oil etc. Co. vs. Miller, 96 Fed. Rep., 22. |