ADMIRALTY AND MARITIME JURISDICTION.

In ancient times-and long before this government existedcivilized and commercial nations had codes or laws which related especially to transactions upon the sea. Those respecting ships of war and warlike operations at sea were called the laws of Admiralty; those respecting vessels engaged in commercial affairs were called Maritime laws; and the courts empowered with jurisdiction to hear and try causes, or to take any judicial proceedings in those cases, were styled Courts of Admiralty and Maritime Jurisdiction. These laws, in many respects, differed so materially from the laws relating to affairs on land, that the authority and power to take proceedings in and adjudicate upon them was conferred upon a particular class of courts. Hence we see the origin of the names such tribunals.

In this country the United States District Courts have been

designated by the laws as the courts which shall have original and exclusive authority to adjudicate this class of causes; yet an appeal from the District to the Circuit Courts may be taken.

KIND OF CASES.

The word Maritime designates that which relates to the sea. Yet, in the United States, cases which come within Admiralty and Maritime jurisdiction are not restricted to the sea, or to transactions relating to business or crimes done on it, but are made to embrace those which occur on navigable lakes and rivers, and include seizures made for the violation of the laws of impost, navigation, or trade, suits for the recovery of seamen's wages, contracts for building, repairing or fitting out vessels, and, briefly, all contracts where the subject-matter relates to the navigation of the sea. The District Courts have Admiralty and Maritime jurisdiction in all these cases, without regard to the amount claimed, and in criminal as well as in civil suits.

The foregoing remarks show the workings of our judicial system, as it applies to business done, and crimes committed upon the high seas.

CHAPTER LXI.

COURT OF CLAIMS.

1. This court was established by act of Congress in 1855. The law reads thus: "A court shall be established to be called the Court of Claims, to consist of three judges, to be appointed by the President and Senate, and to hold their offices during good behavior; and the said court shall hear and determine all claims founded upon any law of Congress, or upon any regulation of an Executive department, or upon any contract express or implied, with the government of the United States; which may be suggested to it by a petition filed therein; and also all claims which may be referred to said court by either house of Congress."

2. On the third of March, 1863, the jurisdiction of this court was enlarged, and two additional judges appointed (making five), from the whole number of which the President was authorized to appoint one a Chief Justice for said court.

3. The mode of commencing proceeding before this tribunal is by petition; in which the claimant must fully set forth his claim, how it arose, its amount, and the parties interested therein. After the case has been heard and determined, the court reports to Congress what its decision is, and if favorable to the claimant, a bill is passed for his relief.

4. It holds one session a year, in Washington, commencing on the first Monday in October, and continuing as long as the business before it requires. It not only tries claims against the government, but by its enlarged jurisdiction, conferred in 1863, it also tries counter claims and set-offs which the United States may have against the claimant. Appeals are taken from the Court of Claims to the Supreme Court of the United States, when the amount in controversy exceeds $3,000.

5. Before the establishment of this court, the only remedy persons having claims upon the government had, was by petitioning to Congress for relief; which experience proved to be a long, tedious, and expensive mode of obtaining their dues. The petition now goes to this court, where it is heard and adjudicated in the same form, and by the same rules of procedure which are observed in other courts; for Congress has conferred upon it all the powers commonly possessed by other courts of law. It also has a seal.

6. It has greatly facilitated the settlement of claims against the government, and has relieved Congress of a great amount of labor, which was urgently pressed upon it at every session.

7. In addition to the five judges, it has a Solicitor, an Assistant Solicitor, and a Deputy Solicitor, all of whom are appointed by the President and Senate; and are officers of the court, whose duty it is faithfully to defend the United States in all matters and claims before this court,

A bailiff, a clerk, a crier and messenger, all of whom are appointed by the court, make up the remaining officials. The claimants stand in the relation of plaintiffs, and the government in that of defendant.

CHAPTER LXII.

DISTRICT ATTORNEYS.

These officers are next in rank to the Judges of the Circuit and District Courts with which their duties are connected. Their relation to the government, in the class of cases that come before those courts, is the same as that of the Attorney General in the Supreme Court. They are its official legal counselors in all cases involving the interests of the General Government before the Circuit and District Courts in their several districts. They are appointed in the same manner; that is, nominated by the President, and confirmed by the Senate. It is their duty" to prosecute in such district all delinquents for crimes and offences cognizable under the authority of the United States, and all civil actions in which the United States shall be concerned." They are his clients, and he must enforce their rights, and defend them, in the same manner that any attorney protects and defends his client in any of the State courts. In case of necessity, he may appoint a substitute to act in his place. All fees over and above what he is allowed as compensation for his services, he must report and pay into the United States Treasury.

3. He must defend collectors of the customs and other revenue officers in his district. when suits are brought against them in their official capacity, and must report to the Solicitor of the Treasury the number of suits determined and pending in his district And when prize cases have been determined, or are pending in the District Court of his district, he must report the state and condition of each case to the Secretary of the Navy.

District Attorneys are appointed for four years, but may be removed at the pleasure of the President. Their compensation depends on the amount of business to be done in their respective districts. When important ports of entry, such as New York or Boston, lie in their districts, their duties are very numerous, and they receive a corresponding compensation.

CHAPTER LXIII.

UNITED STATES MARSHALS.

1. United States Marshals are the ministerial officers of the United States courts. Their duties and responsibilities are very similar, and nearly identical with the duties and responsibilities of sheriffs in the courts of the several States. They are appointed by the President and Senate, for a term of four years. They appoint their own deputies, and their compensation consists of fees instead of a salary; and depends entirely upon the amount of business they have to transact. There is a Marshal in every Judicial District in the United States, and there are fifty-nine of these districts in all. Every State forms at least one district, while the larger States are divided into two or three.

2. A District Court is held in every district; and it is the Marshal's duty to attend the sittings of these courts, and also those of the United States Circuit Courts, when they happen to sit in his district. The Marshal for the District of Columbia must also attend the sittings of the Supreme Court, and execute its precepts. We have said that they are the ministe rial officers of the United States courts; for it is their duty to serve all writs and precepts emanating from them, whether of a civil or criminal character; and to execute the judgments and decrees of these tribunals; and for this purpose they are authorized by law, (if necessary,) to command such assistance as they may need in the execution of their duties. Before they enter upon the duties of their office, they must be bound