vides that the Circuit Courts may re-examine, reverse, or affirm the final decrees and judgments of the District Courts in civil actions when the matter in dispute exceeds fifty dollars, exclusive of costs; and that the Supreme Court may re-examine, reverse, or affirm the final judgments and decrees of the Circuit Courts when the matter in dispute exceeds, exclusive of costs, two thousand dollars.

Appeals from the State Courts.

344. The appellate jurisdiction of the Supreme Court is not limited to the inferior courts of the United States. It is the case, and not the court, that gives the jurisdiction. It extends, therefore, to the state courts as well as to the subordinate courts of the United States. Congress have accordingly provided that a final judgment or decree, in any suit in the highest court of law or equity of a state, may be re-examined and reversed or affirmed in the Supreme Court in three descriptions of cases: First, When the validity of a treaty, or statute of, or authority exercised under the United States is drawn in question, and the decision is against its validity. Secondly, When the validity of a statute of, or an authority exercised under any state is drawn in question on the ground of their being repugnant to the Constitution, treaties, or laws of the United States,

and the decision is in favor of their validity. Thirdly, When the construction of any clause of the Constitution, or of a treaty, or statute of, or commission held under the United States, is drawn in question and the decision is against the title, right, privilege, or exemption specially claimed under the authority of the United States.

Territorial Courts.

345. Having now reviewed the provisions of the Constitution which relate to the judicial power, we have only to add, in concluding this branch of our subject, that the Courts established by Congress for the territories are not among the courts in which is vested any part of such judicial power. They are legislative courts, created in virtue of the sovereignty which exists in the government over its territories; and the jurisdiction with which they are invested is not a part of the judicial power which the Constitution contemplates. Hence Congress may limit the tenure of office of the judges, and make such provision with regard to their salaries as they deem proper. And, as the President may remove all officers appointed and commissioned by him, when the Constitution has not otherwise provided, he may with the advice and consent of the Senate, remove a territorial judge.

TRIALS AND IMMUNITIES.

Trial by Jury in Criminal Cases.

346. The trial of all crimes, except in cases of impeachment, must be by jury; and such trial must be held in the state where the crimes were committed. But, when not committed within any state, the trial must be at such place or places as the Congress may by law have directed.

347. A jury is a body of men, selected according to a prescribed mode, to try questions of fact in civil and criminal suits, and who are under oath or solemn affirmation to decide the facts truly and faithfully, according to the evidence laid before them. Juries of this kind are called petit (or small) juries; but there is another kind of jury, called a grand jury, whose duties are of a different character, as we shall presently see. A petit jury consists of twelve men; a grand jury of not less than twelve, nor more than twenty-three, and twelve at least must concur in every accusation.

348. One of the articles of Magna Charta declares that no man shall be arrested, nor imprisoned, nor banished, nor deprived of life, &c., but by the judgment of his peers, that is, the judgment of a jury, or by the law of the land. This right of trial by

jury was very dear to our ancestors, who brought it with them to America. It prevailed in all the colonies anterior to the Revolution, and was secured by a special provision in all their constitutions when they became independent states. The Constitution of the United States also requires that the trial of all crimes, except in cases of impeachment, shall be by jury; and, that the accused party may not be subjected to unnecessary expense and difficulty in procuring testimony, the trial must be held in the state where the crime was committed.

349. But when crimes are committed upon the high seas, or elsewhere, out of the limits of any state, then the trial must be at such place as Congress may by law have directed. Congress accordingly have directed that the trial, in such cases, shall take place in the district where the offender is apprehended, or into which he may be first brought.

Immunities secured to Accused Persons.

350. In addition to the original provision of the Constitution respecting trial by jury, there are several amendatory provisions which were designed still further to protect the rights of individuals, and to guard against injustice and wrong. These provisions are found among the amendments to the Constitution, but their consideration seems naturally to belong to this place. The first is as follows:

351. No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service, in time of war, or public danger; nor shall any person be subject, for the same offence, to be twice put in jeopardy of life or limb; nor shall be compelled, in any criminal case, to be a witness against himself; nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use without just compensation.

Grand Juries.

352. Grand juries are summoned to attend the Circuit and District Courts, whenever a judge of either shall so direct. They are not necessarily summoned at every term, because their services may not be needed. Their duty is to make inquiry and present all offences within the jurisdiction of the court they are summoned to attend. They sit in secret and examine the testimony against the accused party, which is laid before them by the prosecuting officer of the government.

353. If they do not think it sufficient to support the charge which is set forth in the bill of indictment, that is, in the written accusation, they endorse on