CHAPTER XIV. United States Courts. 1. UNDER this caption, we need make but a few general remarks; for under the appropriate titles of the different kinds of Courts we have treated of each, with considerable detail. The legal tribunals created by acts of Congress, and consequently called United States Courts, are known by the names of the United States Supreme Court, the Circuit Courts, the District Courts, and the Court of Claims. To these, must be added the local courts in the District of Columbia, and the Territorial courts. The former are permanent institutions; as much so as the Circuit or District Courts. But the latter are temporary ; designed to last only during the time the Territorial Government lasts; for when the Territory is admitted as a State, its former Government ceases to exist; and as the Courts are a part of the Government, they also pass away, and State Courts are created in their places. 2. These brief remarks are merely introductory to the four following chapters, in which the reader will find a fuller account of the United States Courts; and we hope a better understanding of that branch of the Government denominated the Judiciary. C 2 CHAPTER XV. Supreme Court. 1. WE have before stated that the Government of the United States was divided into three branches or great departments;-the Legislature, the Executive and the Judiciary. The two former we have already described. We come now to the third, which although the last, is by no means the least part of the great machine by which the people are governed, and their rights protected; when our Government is spoken of, in a figurative sense, as an arch, the Judicial Department is very appropriately styled, "the key stone of the Arch;" for as the Arch would fall without the key stone, so would our form of Government fall without the Judicial branch; for in all cases of dispute or disagreement as to what the Constitution means, or how the laws should be construed and interpreted, we look to the Judicial decisions for the settlement of all such questions. 2. And especially do we look to the decisions of the Supreme Court of the United States; for it is the highest tribunal in the nation. Its decisions are final, for there is no superior tribunal to which questions or causes can be taken; and when it has, in due form, declared how the Constitution must be understood, or how the laws should be interpreted and applied, this decision settles the matter and becomes the law of the land, as to the ques tions involved in the decision. 3. This Court at the present time has one Chief Justice and nine associate Justices; all appointed by the President, by and with the advice and consent of the Senate. They are appointed for life, or during good behavior; they may however be impeached for bribery, or other high crimes, and then removed from office. They may also resign; for there is no power which can compel any man to hold office; but if they conduct themselves properly, and choose to retain their offices, there is no power by which they can be removed, except the power of death. The Constitution itself makes this provision, in order that the Judges may be removed as far as possible from the influence of party politics. They have nothing to fear from the success or defeat of any political party. It is therefore expected that their decisions will not be biased by party or political considerations; and it may not be amiss. to say that the provision for keeping the judges of the United States Courts in office for life, meets with almost universal approbation; and has caused many to hope that the States would alter their constitutions and adopt the same plan; believing it to be the surest way of preserving a pure and independent Judiciary, on which depend the rights and liberties of every citizen of the commonwealth. 4. This Court holds but one term in a year, which commences on the first Monday of December, and sits until it has disposed of the business before it; its sessions are always held at Washington, the capitol of the Nation; there it has access to the Congressional and Law Libraries, and to all the departments and records of the Government, when necessary. There is a class of causes which may be commenced in this Court. In these cases it has original jurisdiction. They are such as affect ambassadors, other public ministers, and consuls; and those in which a State shall be a party. In other cases it has only appellate jurisdiction. The greater part of its business is to hear and determine appeals from inferior courts, mainly from the United States Circuit courts; and in some instances from the highest State courts. 5. It has not only original, but exclusive jurisdiction in causes where a State is a party, and when proceedings or suits against ambassadors, or other public ministers or their servants are instituted. Its power to try appeals from lower courts is called its appellate jurisdiction, and gives it the position of the highest Court in the nation. It has power also to restrain, or to prohibit proceedings in the United States District courts, when acting as courts of Admiralty; or in cases of maritime jurisdiction. The Judges of this Court hold the Circuit courts, and allot themselves among the judicial Circuits. The Chief Justice receives $6,500 per year salary, and the associate justices $6,000. The practice and rules of procedure in this Court, are very similar to those of the Courts of Chancery, and King's Bench in England. Issues of fact are tried by jury, the same as in other Courts, against citizens of the United States. OFFICERS OF THE COURT. 6. The officers of this tribunal are the Judges, the Attorney-General, a clerk, a crier, and a reporter. The three last named are appointed by the Court. It is the duty of the Marshal of the District of Columbia to attend this Court, and to serve process issuing from it. An Attorney or Counsellor-at-law, to be admitted to practice in this Court, must have been such in the Supreme Court of the State where he lives. = 7. The following are the names of all the chief justices of the Supreme Court of the United States, from its establishment to the present time; with the dates of their appointments and the States from which they were ap pointed. John Jay, N. Y., Sept. 26, 1789. John Rutledge, S. C., July 1, 1795. 8. The following are the names of the associate justices, with the dates of their appointments and the States from which they were appointed. John Rutledge, S. C., 1789. William Cushing, Mass., 1789. James Iredell, N. C., 1790. Thomas Johnson, Md., 1791. |