Imágenes de páginas
PDF
EPUB

Solicitor and Assistant Solicitor receive $3,500 each, and the Deputy Solicitor $2,500 per annum.

A bailiff, a clerk, a crier and messenger, all of whom are appointed by the court, make up the remaining officials.

In order to give the reader a better idea of proceedings in this tribunal, it may be stated that claimants stand in relation of plaintiffs, and the government in that of defendant.

CHAPTER XIX.

District Attorneys.

1. In the twelfth chapter we spoke of the appointment, position and duties of the Attorney General of the United States, and originally intended to place our remarks upon the District Attorneys, next in order; but subsequently changed this plan, and determined to place them immediately after those upon the courts; for next to the judges, they-the District Attorneysare the highest officers in both the Circuit and District Courts. By reading this and the twelfth chapter consecutively, a better understanding of both these classes of officials may be gained, and a clearer insight into the judicial machinery of the government.

2. In another place we have spoken of the division of the United States (see political divisions), into Judicial Districts, in each of which there is held a District Court, and a District Attorney is appointed for each court, in the same manner that the Attorney General is appointed. He bears the same official relation to these courts, and has similar duties to perform in them, that the Attorney General has in the Supreme Court. It is his 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 XX.

United States Marshals.

1. UNITED States Marshals, commonly called simply 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, as stated in another place. 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 ministerial 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

1

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 to the United States for the faithful performance of them, and must solemnly swear to do them, without malice or partiality; and that they will take only lawful fees. They are also held answerable for the delivery to their successors of all prisoners who may be in their custody at the time of their removal, or at the expiration of their term of office.

3. They also have the custody of all vessels and goods seized by any officer of the revenue. It is their duty also to summon, and to pay jurors and witnesses in behalf of any prisoner to be tried for a capital offence, under the laws of the United States. In the remarks made under the head "Census," we stated that it was made the duty of the Marshals to superintend and direct the enumeration of the people; and to collect such statistical facts as the law requires. This they do through deputies, whom they appoint for that special purpose.

The United States Marshal is also required, on the first day of January and July of each year, to make a return of all the fees and emoluments of his office to the Secretary of the Interior; and if they amount to more than $6,000 per year, he must pay the surplus into the Treasury of the United States.

« AnteriorContinuar »