DEPARTMENTS OF THE EXECUTIVE POWER, IN THE GOVERNMENT OF THE UNITED STATES.

There are three departments in the executive government-the department of ftate, that of finances, and that of war. A perfon, who bears the title of secretary of the department, is at the head of each; they act under the authority of the prefident, who may avail himself of their councils when he thinks proper, but is not compelled to do fo.

An attorney-general of the United States is attached to the executive government; whofe functions are, to profecute in the fupreme court of the States, all fuits in which the government of the Union is interefted, and to give his opinion on matters relative to law to the prefident, when he demands it; and to the heads of the feveral departments, in law matters concerning the department, when it is required of him. Laws that have paffed fince the creation of the office of attorney-general of the United States, have appointed the perfon who fills that office, one of the commiffioners of the finking fund, and for the reduction of the national debt.

He is permitted, in common with the attor nies-general of the feveral ftates, to pursue his profeffion in the affairs of individuals.

JUDICATURE

JUDICATURE.

The judicature of the United States is compofed of courts of district, courts of circuit, and a fupreme court; and these have exclufive jurifdiction of all fuits that affect the interests of the Union. The courts of diftrict are held in every state four times a year, by a judge appointed by the general government, and refiding for that purpose in the state. They take cognizance of crimes and offences against the general laws of the Union, committed within the diftrict, or on the fea within its jurifdiction, when the penalty does not exceed thirty ftripes with a whip, or the payment of a hundred dollars; and of all caufes belonging to the admiralty, including feizures made in purfuance of the laws of the general government relative to imports, commerce, or navigation, when fuch feizures are made within their jurifdiction. They have alfo cognizance, in conjunction with the courts of the particular state, and the courts of circuit, of caufes in which foreigners complain of wrongs done in violation of the law of nations, or in violation of any treaty of the United States; and of all caufes to be determined by the common law, in which the general government is the plaintiff, and when the objects in difpute do not exceed the value of a

hundred

hundred dollars.

The courts of district have

alfo exclufive cognizance of fuits against confuls and vice-confuls. All caufes determined by the courts of district, except those concerning the admiralty, are tried by jury.

The courts of circuit are held by a judge of the fupreme court, and judges of the district. The United States are divided into three circuits; the eastern circuit, comprising the states on the caft, extending to, but exclufive of New York; the midland circuit, comprising the states of New York, New Jerfey, Pennsylvania, Delaware, Maryland, and Virginia; and the fouthern circuit, comprising the states to the fouth of Virginia. Courts of circuit are held twice a year in each ftate: they have cognizance, in conjunction with the courts of the different ftates, of all civil causes, where the matter in difpute amounts to the value of five hundred dollars, independent of the expences of the fuit, and in which the Union is interested, or a foreigner is a party, or the difpute is between citizens of different ftates; and an exclufive cognizance of all criminal matters committed against the Union. They are alfo courts of appeal from the judgment of the courts of diftrict.

The fupreme court of the Union is compofed. of a chief-juftice, and five judges, which latter

have rank among themfelves, according to the dates of their appointment; it holds its fittings twice a year, at the place which is the feat of the government; it has exclusive jurisdiction over all civil causes where any one of the states is a party, except where the adverfe party is a citizen of the fame state; and over all fuits instituted against foreign ambaffadors or envoys, or their domestics, confiftently with the law of nations. Its jurifdiction extends also, but not exclufively, to fuits in which an ambaffador or other foreign minifter is plaintiff, or in which confuls or vice-confuls are interested. It is a general court of appeal from the judgment of the courts of circuit, or of the different tribunals of the feveral states.

All the federal courts have authority to make rules to regulate proceedings before them, and to administer oaths.

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The attorney-general of the United States, who must refide at the feat of government, conducts the causes of the government in the fupreme court; and a counfel appointed by the neral government refides in each ftate or diftrict, to conduct in the courts of diftrict and courts of circuit criminal and civil caufes on behalf of the government.

The diftance of the states of Kentucky and Tenneffee, and of the province of Maine, from VOL. IV.

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the

the feat of the federal government, making it inconvenient to hold courts of circuit in them, their courts of diftrict are authorised to exercife the jurifdiction belonging to the courts of circuit, except in cafes of appeal, which are carried before the fupreme federal court. The fame authority is given to the courts of diftrict in the territories of the north-weft, which as yet are not formed into a state.

The jurics that ferve in the federal courts are chofen according to the forms obferved in the refpective states where thefe courts happen to be

held.

CRIMINAL JURISPRUDENCE.

The crimes and offences of which the federal tribunals take cognizance, are only fuch as are committed against the Union, or committed in territories under the immediate jurisdiction of the Union. In the first class are-treafons; rebellions; refufal to pay imposts enjoined by the Union; finuggling; frauds committed by officers of the revenue, in matters of revenue; in a word, every offence againft laws paffed by the congrefs. In the fecond clafs are-crimes and offences committed on the feas, or in forts or arfenals belonging to the Union; and, in cafe of the feat of government being removed to Federal-city, all cripts and offences, of what nature

foever,