§ 718.

Appeal.

§ 719.

All papers, etc., to be furnished the court.

§ 720. Additional assistant attorney-general to be appointed.

§ 721. Investigation under present laws to cease-Balances to be covered
in.

§ 722.

§ 723.

Court to determine claims of Pottawatomies for land purchased.
Private claim referred.

§ 727.

§ 728.

Notice of organization of court in English and Spanish.
Production of records, etc., in court.

§ 729. Competence, etc., of evidence as to claims.

§ 730. Claimants under certain unconfirmed grants may petition court in

territory, etc.

§ 731. Form, etc., of petition.

§ 732. Jurisdiction, etc.-Procedure.

§ 733. Proceedings after petition-Powers, etc., of adjudication.

§ 734.

Certain other claimants claiming under completed title may apply
for confirmation-Procedure.

§ 735. Confirmation of perfect title limited.

§ 736. Proceedings by the United States against certain claimants, etc.
§ 737. Appeal-Retrial by Supreme Court on appeal-Final decree.

§ 738. Attorney-general to be notified by attorney of United States of
judgment of confirmation.

§ 739. Certification of final decree of confirmation to commissioner of
general land-office by clerk of decreeing court.

§ 740. Approval and forwarding to general land office.

§ 741. Commissioner of general land office to transmit survey, etc., to
court of final decisions.

§ 742.

§ 743.

Scope of act as to claims-Legal claimants and representatives.
Neglect to file petition in two years a bar-Provisos.

§ 745.

No claim allowed unless title lawfully and regularly derived, etc.
§ 746. No claim allowed interfering with Indian title, etc.

§ 747.

No confirmation to confer title, etc., to mines of mineral.
§ 748. No claim allowed for right hitherto decided by Congress, etc
§ 749. Private rights of persons between each other not concluded.

$750. Operation of decree as against United States.

§ 751. No confirmation, etc., for morê than eleven square leagues to orig-
inal grantee, etc.

§ 752. Conditional grants, etc., barred if conditions unperformed.

§ 753. Lands decreed to claimant, but granted, etc., by United States to

another.

§ 754. Ascertainment and report on Spanish and Mexican claims.

§ 755. Continuous adverse possession for twenty years recognized, etc.

§ 756. Review by commissioner of general land-office-Patents.

$757. Where township surveys already made.

§ 758. Filing of claims under adverse possession-Time limit.
§ 759. Cessation, etc., of functions, etc., of court-Date, etc.

§ 1.

§ 12. Supreme law of the land.

Supreme and inferior courts.-The judicial power of the United States shall be vested in one Supreme Court, and in such inferior courts as the Congress may from time to time ordain and establish. The judges, both of the Supreme and inferior courts, shall hold their offices during good behavior, and shall, at stated times, receive for their services a compensation, which shal not be diminished during their continuance in office. (U. S. Const. art. 3.)

Power of Congress.-Congress cannot confer any part of the judicial power upon an executive officer. (Beatty v. U. S., 1 Dev. 231.) Congress cannot give

FED. PROC.-1.

jurisdiction or require services of any officer of a State government. (Ex parte Pool, 2 Va. Cas. 276; Prigg v. Pennsylvania, 16 Peters, 539.) Congress cannot vest any portion of the judicial power of the United States, except in courts ordained and established by itself (U. S. v. Ames, 1 Wood. & M. 89; The British Prisoners, 1 Wood. & M. 66; Martin v. Hunter, 1 Wheat. 304; Houston v. Moore, 5 Wheat. 1, 3 Serg. & R. 169; Ex parte Knowles, 5 Cal. 300; Davison v. Champlin, 7 Conn. 244; Ely v. Peck, 7 Conn. 239; U. S. v. Lathrop, 17 Johns. 4; State v. McBride, Rice, 400; Jackson v. Rose, 2 Va. Cas. 34), nor vest any portion of the jurisdiction of the United States in State courts. (Martin v. Hunter, 1 Wheat. 304; Houston v. Moore, 5 Wheat. 1; Stearns v. U. S., 2 Paine, 300; Ex parte Knowles, 5 Cal. 300; Ely v. Peck, 7 Conn. 239; Davison v. Champlin, 7 Conn. 244; U. S. v. Lathrop, 17 Johns. 4; State v. McBride, Rice, 400; Jackson v. Rose, 2 Va. Cas. 34.) A State court cannot exercise jurisdiction conferred upon it by Congress. (Ex parte Knowles, 5 Cal. 300.) Congress cannot enforce jurisdiction on a State court (Stearns v. U. S., 2 Paine, 300; Ex parte Stephens, 70 Mass. 559; Miss. Riv. Tel. Co. v. First Nat. Bank, 7 Chic. L. N. 157; The British Prisoners, 1 Wood. & M. 66), nor compel a State court to exert jurisdiction (Stearns v. U. S., 2 Paine, 300; Mississippi Riv. Tel. Co. v. First Nat. Bank, 7 Chic. L. N. 158; Ex parte Stephens, 70 Mass. 559), nor can Congress give jurisdiction, or require service of any officer of a State government as such (Prigg v. Commonwealth, 16 Peters, 539; Ex parte Pool, 2 Va. Cas. 276), nor confer jurisdiction on a military commission. (Ex parte Milligan, 4 Wall. 121.) This clause does not apply to or prohibit the establishment of military courts in the insurrectionary States. (Territorial Courts, see art. 4, sec. 3, subd. 2.) Congress may authorize any United States court to perform any act which the Constitution does not require to be performed in a different manner. (Ex parte Gist, 26 Ala. 156; Ex parte Pool, 2 Va. Cas. 276.) The judicial power of the United States is vested, by the Constitution, in the courts of the United States. (Thomas v. Loney, 134 U. S. 372.) Whether Congress may confer on inferior courts jurisdiction of cases, whereof it gives the Supreme Court