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"lish. The judges of both the supreme and inferior courts, "shall hold their offices during good behavior; and shall, "at stated times, receive for their services a compensation, "which shall not be diminished during their continuance in "office."-Art. 3, sec. 1.

§ 510. The necessity of a judicial department, and the general principles and organization of the judiciary system, have been noticed. (§ 93-106.) Under the confederation, this department was wanting in the general government. If it be necessary that there should be a judicial power, separate from the legislative and executive powers, it is equally necessary that the former should be co-extensive with the latter. If there be a national legislature and a national executive, there ought also to be a national judicial tribunal to judge of and interpret the laws made and exe. cuted. It would not, perhaps, be less improper to commit the power of making and executing laws for the union to the legislatures and executives of the several states, than to give the state courts jurisdiction in cases arising under the laws of the United States. What would be decided to be a violation of law or the constitution by a court of one state, might receive an adverse decision by that of another state. Hence the necessity of a national judiciary, to ensure a uniform interpretation of the laws and constitution.

§ 511. The institution of inferior courts is left to the discretion of congress. Their establishment, however, was contemplated; being designed to preclude the necessity and inconvenience of having recourse to the supreme court in every case of national jurisdiction.

§ 512. "The judicial power shall extend to all cases, in "law and equity, arising under this constitution, the laws "of the United States, and treaties made, or which shall be "made, under their authority; to all cases affecting ambas"sadors, other public ministers, and consuls; to all cases "of admiralty and maritime jurisdiction; to controversies "to which the United States shall be a party; to contro. " versies between two or more states; between a state and

compensation of the judges regulated? § 510. Why is a national Judiciary necessary? §511. What is the use of inferior courts? 512. To what cases does the judicial power extend? 513. Why

"citizens of another state; between citizens of different "states; between citizens of the same state claiming lands ' under grants of different states; and between a state or a citizen thereof, and foreign states, citizens, or subjects."Art. 3, sec. 2, cl. 1.

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§ 513. The cases here enumerated, are either those which are exclusively national in their character, or those in which a state or its citizens are at issue with another state or its citizens. It would therefore be highly improper to give to the state courts cognizance of such cases.

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§ 514. "In all cases affecting ambassadors, other public "ministers, and consuls, and those in which a state shall be a party, the supreme court shall have original jurisdiction. "In all the other cases before mentioned, the supreme court "shall have appellate jurisdiction, both as to law and fact, "with such exceptions, and under such regulations, as the congress shall make.”—Art. 3, sec. 2, cl. 2.

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§ 515. By original jurisdiction is meant, that a suit may originate, or commence, in this court. The grant of original jurisdiction to this court does not imply, however, that it has exclusive jurisdiction. If a case has been tried in an inferior court, and a party be not satisfied with the decision of the court, such party may appeal to the supreme court for trial and adjudication. In such trial, this court is said to have appellate jurisdiction. It has original jurisdiction in no other cases than those mentioned in the constitution. Its principal business is to re-judge cases that are brought from the circuit courts.

§ 516. When the constitution or laws of the United States come in question, in the highest court in a state, and are there judged of, a writ of error may be brought, whereby a case is transferred to the supreme court; and the decision of the state court may be approved or reversed. By writ of error, nothing is removed for re-examination but the law in the case; by appeal, the whole cause is entirely removed, and all the facts are submitted for a rehearing. Thus, all laws of the union may be finally judged of by one tribunal, and receive a uniform interpretation.

should not state courts try such cases? § 515. What . jurisdiction? Appellate jurisdiction? § 516. What is t

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517. The organization of the judiciary was provided for by the act of 24th of September, 1789. By this act were constituted the supreme court, and courts of inferior grade, called circuit courts, and district courts. The su preme court consisted of a chief justice, and six associate justices. The number of the latter has been recently increased to eight. This court holds annually, at the city of Washington, one session, commencing on the second Monday of January. The session usually continues about eight weeks.

518. The United States are divided into nine circuits, in each of which two courts are held annually. The nine judges of the supreme court are so located as to bring one of them in each of the several circuits. A circuit court is composed of the judge of the supreme court residing within his circuit, and the judge of the United States' district court of the district in which such circuit court shall be held.

§ 519. This court tries causes between citizens of dif. ferent states, between aliens and citizens, and those wherein the United States are a party. It also tries some cases in appeal from the district courts. It tries matters relating to affairs on the high seas. It tries all felonies punishable with death, as piracies, murders in forts and arsenals, and other territory ceded by the states to the general government for national uses, and on board ships of war in time of peace, and when not within the body of a county, or within a harbor. It has a grand jury and a petit jury.

§ 520. District courts are the lowest national courts in the United States. Every state constitutes at least one dis. trict, and some of the largest states, two. In each of these is a district judge, who has jurisdiction in cases arising under the laws made for the collection of duties; and in cases of penalties and forfeitures under the laws of the United States; and of crimes of inferior grade against the laws of the United States, committed on land and sea. In every district there is a district attorney, who institutes suits for

in effect between a writ of error and appeal? § 517. When was the judiciary organized? How is the supreme court constituted? § 518. How are the circuit courts constituted? § 519. What is their juris diction 520. How are the district courts constituted? What is

the United States, and conducts prosecutions and trials on indictment: and there is a marshal of the district whose duties are similar to those of a sheriff. These courts hold annually four stated terms. This court has, in some cases,

a jury.

The salary of the chief justice of the supreme court is $5,000; of the associate judges, $4,500 each.

§ 521. The trial of all crimes, except in cases of im"peachment, shall be by jury; and such trial shall be held "in the state where the said crimes shall have been com. "mitted: but when not committed within any state, the "trial shall be at such place or places as the congress may "by law have directed."—Art. 3, sec. 2, cl. 3.

522. The importance of the institution of trial by jury. as a safeguard to liberty, the manner in which juries are constituted, and their agency in trials, have been stated. (§ 120-125.) The right of trial by jury was esteemed by the colonists as one of the most valuable privileges enjoyed under the British constitution; and the infringement of this right constituted one of the grievances enumerated in the declaration of independence, which were alleged to justify the revolution. As might have been expected, therefore, the framers of the constitution failed not to secure this invaluable privilege, by express provision.

§ 523. The silence of the above clause in respect to civil cases, was by some supposed to imply that this right was secured only in cases of crime. Therefore, to place the question beyond cavil or doubt, an amendment was subsequently added to the constitution, which expressly guaranties the right in all civil suits, when the value in controversy shall exceed twenty dollars.

§ 524. It is also provided that the trial shall be held in the state in which the crime shall have been committed. This is intended to secure the trial of the accused among his friends and acquaintances; for it is not to be supposed

their jurisdiction? What are the salaries of the judges of the supreme court? 521. What provision does the constitution make concern. ing the trial of all crimes? § 522. How did the colonists regard the right of trial by jury? § 523. Is this right enjoyed in cases of crime only? 524. Why must the trial be in the state in which the crime was committed?

that strangers will feel an equal concern in his case. Also, the inconvenience and expense of attending trial in a distant place, might deprive him of the benefit of an impcrtant witness. As crimes may be committed in territories beyond the limits of a state, or upon the high seas, it is necessary that congress should have power to provide for the trial in such cases.

CHAPTER XXVI.

Treason.

§ 525. “TREASON against the United States, shall con"sist only in levying war against them, or in adhering to "their enemies, giving them aid and comfort. No person "shall be convicted of treason, unless on the testimony of "two witnesses to the same overt act, or on confession in open court."-Art. 3, sec. 3, cl. 1.

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§ 526. A general proneness to construe crimes of a less aggravated character into acts of treason, rendered it proper that the constitution should define the crime. The term, "levying war," is adopted from the English statute of treasons, and has that sense in the constitution which it was understood to have in the English statute. An assemblage of men for a treasonable purpose, such as war against the government, or a revolution of any of its territories, and in a condition to make such war, constitutes a levying of

war.

§ 527. War can be levied only by the employment of force; troops must be embodied; men must be openly raised; but neither arms nor the actual application of force to the object, are indispensably requisite. To march in arms with a force marshalled and arrayed, committing acts of violence, in order to compel the resignation of a

§ 525. In what does treason consist? What is necessary to con. vict of treason? § 526. Why is the constitution made to define treason? What is levying war? § 527. How only can war be

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