2. In another sense, the judges, clerk, or prothonotary, counsellors and ministerial officers, are said to constitute the court.
3. According to Lord, Coke, a court is a place where justice is judicially administered. Co. Litt. 58, a.
4.
The judges, when duly convened, are also called the court. Vide 6 Vin.
Ab. 484; Wheat . Dig. 127; Merl. Rep. h. t.; 3 Com. Dig. 300; 8 Id. 386;
Dane's Ab. Index, h. t.; Bouv. Inst. Index, h. t.
5.
It sometimes happens that the judges composing a court are equally
divided on questions discussed before them. It has been decided, that
when such is the case on an appeal or writ of error, the judgment or
decree is affirmed. 10 Wheat. 66; 11 Id. 59. If it occurs on a motion in
arrest of judgment, a judgment is to be entered on the verdict. 2 Dall.
Rep. 388. If on a motion for a new trial, the motion is rejected. 6
Wheat. 542. If on a motion to enter judgment on a verdict, the judgment
is entered. 6 Binn. 100. In England, if the house of lords be equally
divided on a writ of error, the judgment of the court below is affirmed.
1 Arch. Pr. 235. So in Cam. Scacc. 1 Arch. Pr. 240. But in error coram
nobis, no judgment can be given if the judges are equally divided,
except by consent. 1 Arch. Pr. 246. When the judges are equally divided
on the admission of testimony, it cannot be received. But see 3 Yeates,
171. Also, 2 Bin. 173; 3 Bin. 113 4 Bin. 157; 1 Johns. Rep. 118 4 Wash.
C. C. Rep. 332, 3. See Division of Opinion.
6.
Courts are of various kinds. When considered as to their powers, they
are of record and not of record; Bac. Ab. Courts, D; when compared. to
each other, they are supreme, superior, and inferior, Id.; when examined
as to their original jurisdiction, they are civil or criminal; when
viewed as to their territorial jurisdiction, they are central or local;
when divided as to their object, they are courts of law, courts of
equity, courts martial, admiralty courts, and ecclesiastical courts.
They are also courts of original jurisdiction, courts of error, and
courts of appeal. Vide Open Court.
7.
Courts of record cannot be deprived of their jurisdiction except by
express negative words. 9 Serg. & R. 298; 3 Yeates, 479 2 Burr. 1042
1 Wm. Bl. Rep. 285. And such a court is the court of common pleas in
Pennsylvania. 6 Serg. & R. 246.
8.
Courts of equity are not, in general, courts of record. Their decrees
touch the person, not lands. or goods. 3 Caines, 36. Yet, as to
personalty, their decrees are equal to a judgment; 2. Madd. Chan. 355; 2
Salk., 507; 1 Ver. 214; 3 Caines, 35; and have preference according to
priority. 3 P. Wms. 401 n.; Cas. Temp. Talb. 217; 4 Bro. P. C. 287; 4
Johns. Chan. Cas. 638. They are also conclusive between the parties. 6
Wheat. 109. Assumpsit will lie on a decree of a foreign court of
chancery for a sum certain; 1 Campb. Rep. 253, per Lord Kenyon; but not
for a sum not ascertained. 3 Caines, 37, (n.) In Pennsylvania, an action
at law will lie on a decree of a court of chancery, but the pleas nil
debet and nultiel record cannot be pleaded in such an action. 9 Serg.
& R. 258.
COURT CHRISTIAN.
An ecclesiastical judicature, known in England, so called from its
handling matters of an ecclesiastical or religious nature. 2 Inst. 488.
Formerly the jurisdiction of these courts was not thus Iimited. The
emperor Theodosius promulgated a law that all suits (lites) and forensic
controversies should be remitted to the judgment of the church, if
either of the litigating parties should require it. Fr. Duaren De Sac.
Minist. Eccl. lib. 1, c. 2. This law was renewed and confirmed by
Charlemagne.
COURT OF ARCHES ,
eccl. law. The most ancient consistory court belonging to the
archbishop of Canterbury for the trial of spiritual causes. It is so
called, because it was anciently held in the church of Saint Mary le
bow; which church had that appellation from its steeple, which was
raised at the top with stone pillars, in the manner of an arch or bow.
Termes de la Ley.
COURT OF ADMIRALTY.
A court having jurisdiction of all maritime causes. Vide Admiralty;
Courts of the United States; Instance Courts; Prize Court; 2 Chit. Pr.
508 to 538.
COURT OF AUDIENCE,
Eng. eccl. law. The name of a court kept by the archbishop in his
palace, in which are transacted matters of form only; as confirmation of
bishops, elections, consecrations, and the like.
COURT OF COMMON PLEAS.
The name of an English court which was established on the breaking up
of the aula regis, for the determination of pleas merely civil. It was
at first ambulatory, but was afterwards located. This jurisdiction is
founded on original write issuing out of chancery, in the cases of
common persons. But when an attorney or person belonging to the court,
is plaintiff, he sues by writs, of privilege, and is sued by bill, which
is in the nature of a petition; both which originate in the common
pleas. See Bench; Banc.
2.
There are courts in most of the states of the United States which bear
the name of common pleas; they have various powers and jurisdictions.
COURT OF CONSCIENCE,
Eng. law. The name of a court in London. It has equity jurisdiction in
certain cases. The reader is referred to Bac. Ab. Courts in London, 2.
COURT OF CONVOCATION,
eccles. law. The name of an English ecclesiastical court. It is
composed of every bishop, dean, and archdeacon, a proctor for the
chapter, and two proctors for the clergy of each diocese in the province
of Canterbury, for the province of York, there are two proctors for
each archdeaconry.
2.
This assembly meets at the time appointed in the king's writ, and
constitute an ecclesiastical parliament. The archbishop and his
suffragans, as his peers, are sitting together, and composing one house,
called the upper house of convocation the deans, archdeacons, and a
proctor for the chapter, and two proctors for the clergy, the lower
house. In this house a prolocutor, performing the duty of a president,
is elected.
8.
The jurisdiction of this tribunal extends to matters of heresy,
schisms, and other mere spiritual or ecclesiastical causes. Bac. Ab.
Ecclesiastical Courts, A 1.
COURT OF EXCHEQUER,
Eng. law. A court of record anciently established for the trial of all
matters relating to the revenue of the crown. Bac. Ab. h. t.
COURT OF FACULTIES,
Eng. eccl. law. The name of a court which belongs to the archbishop, in
which his officer, called magister ad facultates, grants dispensations
to marry, to eat flesh on days prohibited, or to ordain a deacon under
age, and the like. 4 Inst. 337.
COURT, INSTANCE. One of the branches of the English admiralty is called an instance court. Vide Instance Court.
COURT OF INQUIRY.
A court constituted by authority of the articles of war, invested with
the power to examine into the nature of any transaction, accusation, or
imputation against any officer or soldier; the said court shall consist.
of one or more officers, not exceeding three, and a judge advocate, or
other suitable person, as a recorder, to reduce the proceedings and
evidencee to writing, all of whom shall be sworn to the performance of
their duty. Art. 91. Gord. Dig. Laws U. S., art. 3558 to 3560.
COURT OF KING'S BENCH. The name of the supreme court of law in England. Vide King's Bench.
COURT MARTIAL.
A court authorized by the articles of war, for the trial of all
offenders in the army or navy, for military offences. Article 64,
directs that general courts martial may consist of any number of
commissioned officers, from five to thirteen, inclusively; but they
shall not consist of less than thirteen, where the number can be
convened, without manifest injury to the service.
2.
The decision of the commanding officer who appoints the court, as to
the number that can be convened without injury to the service, is
conclusive. 12 Wheat. R. 19. Such a court has not jurisdiction over a
citizen of the United States not employed in military service 12 John.
R. 257. It has merely a limited jurisdiction, and to render its
jurisdiction valid, it must appear to have acted within such
jurisdiction. 3 S. & R. 590 11 Pick. R. 442; 19 John. R. 7; 1 Rawle,
R. 143.
3.
A court martial must have jurisdiction over the subject matter of
inquiry, and over the person for a want of these will render its
judgment null, and the members of the court and the officers who execute
its sentence, trespassers. 3 Cranch, 331. See 5 Wheat. 1; 12 Wheat. 19;
1 Brock. 324. Vide Gord. Dig. Laws U. S., art. 3331 to 3357; 2 Story,.
L. U. S. 1000; and also the Treatises of Adye, Delafon, Hough, J.
Kennedy, M. V. Kennedy, McArthur, McNaghten, Simmons and Tyler on Courts
Martial; and 19 John. R, 7; 12 John. R. 257; 20 John. R. 343; 5 Wheat.
R. 1; 1 U. S. Dig. tit. Courts, V.
COURT OF PECULIARS, Eng. eccl. law. The name of a court, which is a branch of, and annexed to, the. court of arches.
2.
It has jurisdiction over all those parishes dispersed through the
province of Canterbury, in the midst of other dioceses. In the other
peculiars, the jurisdiction is exercised by commissaries. 1 Phill. R.
202, n.
3.
There are three sorts of peculiars 1. Royal peculiars. 3 Phill. R. 245.
2. The second sort are those in which the bishop has no concurrent
jurisdiction, and are exempt from his visitation. 3. The third are
subject to the bishop's visitation, and liable to his superintendence
and jurisdiction. 3 Phill. R. 245; Skinn. R. 589.
COURT PREROGATIVE. Vide Prerogative Court.
COURT, PRIZE. One of the branches of the English admiralty, is called a prize court. Vide Prize Court.
COURT OF RECORD.
At common law, any jurisdiction which has the power to fine and
imprison, is a court of record. Salk. 200; Bac. Ab. Fines and
Amercements, A. And courts which do not possess this power are not
courts of record. See Court.
2.
The act of congress, to establish an uniform rule of naturalization,
&c., approved April 14, 1802, enacts, that for the purpose of
admitting aliens to become citizens, that every court of record in any
individual state, having common law jurisdiction and a seal, and a clerk
or prothonotary, shall be considered as a district court within. the
meaning of this act.
COURT, SUPREME. Supreme court is the name of a court having jurisdiction over all other courts Vide Courts of the United States.
COURTS OF THE UNITED STATES.
The judiciary of the United States is established by virtue of the
following provisions, contained in the third article of the
constitution, namely:
2.
- "1. The judicial power of the United States shall be vested in one
supreme court, and in such inferior courts as congress may, from time to
time, ordain and establish. The judges, both of the supreme and
inferior courts, shall hold their offices during good behaviour, and
shall, at stated times, receive for their services a compensation, which
shall not be diminished during their continuance in office.
3.-
"2. (I.) 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 ambassadors, 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 controversies between two or more
states, between a state and a citizen 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 the citizens
thereof, and foreign states, citizens or subjects.
4.
- " (2.) In all cases affecting ambassadors, other public ministers and
consuls, and those in which a state shall be 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
congress shall make.
5.
- " (3.) The trial of all crimes, except in cases of impeachment, shall
be by jury; and such trial shall be held in the state where the said
crime shall have been committed; but when not committed within any
state, the trial shall be at such place or places as congress may by law
have directed."
6.
By the amendments to the constitution, the following alteration has
been made: "Art. 11. The judicial power of the United States shall not
be construed to extend to any suit in law or equity, commence or
prosecuted against one of the United States by citizens of another
state, or citizens or subjects of any foreign state."
7.
This subject will be considered by taking a view of, 1. The central
courts; an 2. The local courts. Art. 1 The Central Courts of the United
States.
8.
The central courts of the United States are, the senate, for the trial
of impeachments, and the supreme court. The territorial jurisdiction of
these courts extends over the whole country.
1. Of the Senate of the United States.
9.-
1. The constitution of the United States, art. 1, 3, provides that the
senate shall have the sole power to try all impeachments. When sitting
for that purpose, the senate shall be on oath or affirmation. When the
president of the United States is tried, the chief justice shall preside
and no person shall be convicted without the concurrence of two-thirds
of the members present.
10. lt will be proper here to consider, 1. The organization of this extraordinary court; and, 2. Its jurisdiction.
11.
- 1. Its organization differs according as it has or, has not the
president of the United States to try. For the trial of all impeachment
of the president, the preseuce of the chief justice is required. There
must also be a sufficient number of senators present to form a quorum.
For the trial of all other impeachments, it is sufficient if a quorum be
present.
12.
- 2. The jurisdiction of the senate, as a court for the trial of
impeachments, extends to the following officers, namely; the president,
vice-president, and all civil officers of the United States, art. 2, 4,
when they shall have been guilty of treason, bribery, and other high
crimes and misdemeanors. Id. The constitution defines treason, art.
3,
- 3, but recourse must be had to the common law for a definition of
bribery. Not having particularly mentioned what is to be understood by "
other high crimes and misdemeanors," resort, it is presumed, must be
had to parliamentary practice. and the common law, in order to ascertain
what they are. Story, Const. 795.
2. Of the Supreme Court.
13.
The constitution of the United States directs that the judicial power
of the United States shall be vested in one supreme court; and in such
inferior courts as congress may, from time to time, ordain and
establish. It will be proper to consider, 1st. Its organization; 2dly.
Its Jurisdiction.
14.
- 1. Of the organization of the supreme court. Under this head will be
considered, l. The appointment of the judges. 2. The number necessary to
form a quorum. 3. The time and place of holding the court.
15.
- 1. The judges of the supreme court are appointed by the president, by
and with the consent of the senate, Const. art. 2, 2. They hold their
office during good behaviour, and receive for their services a
compensation, which shall not be diminished during their continuance in
office. Const. art" 3, 1. They consist of a chief justice and eight
associate justices. Act of March 3, 1837, 1.
16.
- 2. Five judges are required to make a quorum, Act of March 3, 1837,
1; but by the act of the 21st of January, 1829, the judges attending on
the day appointed for holding a session of the court, although fewer
than a quorum, at that time, four have authority to adjourn the court
from day to day, for twenty days, after the time appointed for the
commencement, of said session, unless a quorum shall sooner attend; and
the business shall not be continued over till the next session of the
court, until the expiration of the said twenty days. By the same act,
if, after the judges shall have assembled, on any day less than a quorum
shall assemble, the judge or judges. so assembling shall have authority
to adjourn the said court, from day to day, until a quorum shall
attend, and, when expedient and proper, may adjourn the same without
day.
17
- 3. The supreme court is holden at the city of Washington. Act of
April 29, 1 802. The session commences on the second Monday of January,
in each and every year. Act of May, 4, 1826. The first Monday of August
in each year is appointed as a return day. Act of April 29, 1802. In
case of a contagious sickness, the chief justice or his senior associate
may direct in what other place the court shall be held, and the court
shall accordingly be ad to such place. Act of February 25, 1799, 7. The
officers of the court are a clerk, who is appointed by the court, a
marshal, appointed by the president, by and with the advice and the
consent of the senate, crier, and other inferior officers.
18. - 2. Of the jurisdiction of the supreme. court. The jurisdiction of the supreme court is either civil or criminal.
19. - 1. The civil jurisdiction is either original or appellate.
20.
- (1.) The provisions of the constitution that relate to the original
jurisdiction of the supreme court, are contained in the articles of the
constitution already cited.
21.
By the act of September 24th, 1789, 13, the supreme court shall have
exclusive jurisdiction of all controversies of civil nature where a
state is a party, except "between a state and it's citizens; and except
also, between a state and citizens of other states or aliens, in which
latter case it shall have original, but not exclusive jurisdiction. And
shall have, exclusively, all such jurisdiction of suits, or proceedings
against ambassadors or other public ministers, or their domestics or
domestic servants, as a court of law can have or exercise consistently
with the law of nations. And original, but not exclusive jurisdiction of
all suits brought by ambassadors or other public ministers, or in which
a consul or vice-consul shall be a party. And the trial of issues in
fact, in the supreme court, in all actions at law, against citizens of
the United States, shall be by jury.
22.
In consequence of the decision of the case of Chisholm v. Georgia,
where it was held that assumpsit might be maintained against a state by a
citizen of a different state, the llth article of the amendments of the
constitution above quoted, was adopted.
23.
In those cases in which original jurisdiction is given to the supreme
court, the judicial power of the United States cannot be exercised in
its appellate form. With the exception of those cases in which original
jurisdiction is given to this court, there is none to which the judicial
power extends, from which the original jurisdiction of the inferior
courts is excluded by the constitution.
24.
The constitution establishes the supreme court and defines its
jurisdiction. It enumerates the cases in which its jurisdiction is
original and exclusive, and defines that which is appellate. See ll
Wheat. 467.
25.
Congress cannot vest in the supreme court original jurisdiction in a
case in which the constitution has clearly not given that court original
jurisdiction; and affirmative words in the constitution, declaring in
what cases the supreme court shall have original jurisdiction, must be
construed negatively as to all other cases, or else the clause would be
inoperative and useless. 1 Cranch, 137. See 5 Pet. 15 Pet. 284; 12 Pet.
657; 9 Wheat. 738 6 Wheat. 264.
26. - 2. The supreme court exercises appellate jurisdiction in the following different modes:
(1.)
By writ of error from the final judgments of the circuit courts; of the
district courts, exercising the powers of circuit courts; and of the
superior, courts of the territories, exercising the powers of circuit,
courts, in certain cases. A writ of error does not lie to the supreme
court to reverse the judgment of a circuit court, in a civil action by
writ of error carried from the district court to the circuit court. The
United States v. Goodwin, 7 Cranch, 108. But now, by the act of July 4,
1840, c. 20, 3, it is enacted that writs of error shall lie to the
supreme court from all judgments of a circuit court, in cases brought
there by writs of error from the district court, in like manner and
under the same regulations, as are provided by law for writs of error
for judgments rendered upon suits originally brought in the circuit
court.
27.
- (2.) The supreme court has jurisdiction by appeals from the final
decrees of the circuit courts; of the district courts exercising the
powers of circuit courts; and of the superior courts of territories,
exercising the powers of circuit courts in certain cases. See 8 Cranch,
251 6 Wheat. 448.
28.
- (3.) The supreme court has also jurisdiction by writ of error from
the, final judgments and decrees of the highest courts of law or equity
in a state, in the cases provided for by the twenty-fifth section of the
act of September 24th, 1789, which enacts that a final judgment or
decree, in any suit in the highest court of law, or equity of a, state,
in which a decision in the suit could be had, where is drawn in question
the validity of a treaty, or statute of, or an authority exercised
under, the United States, and the decision is against their validity; or
where is drawn in question the validity of a statute of, or an
authority exercised under any state, on the ground of their being
repugnant to the constitution, treaties, or laws of the United States,
and the decision is in favor of such their validity; or where is drawn
in question the construction of any clause of the constitution, or of a
treaty or statute of, or commission held under the United States, and
the decision is against the title, right, privilege, or exemption
specially set up or claimed by either party, under such clause of the
said constitution, treaty, statute, or commission, may be re-examined,
and reversed or affirmed in the supreme court of the United States, upon
a writ of error, the citation being signed by the chief-justice or
judge, or chancellor of the court rendering or passing the judgment or
decree complained of, or by a justice of the supreme court of the United
States, in the same manner, and under the same regulations, and the
writ shall have the same effect as if the judgment or decree complained
of had been rendered or passed in a circuit court; and the proceeding
upon the reversal shall also be the same, except that the supreme court,
instead of remanding the cause for a final decision as before provided,
may, at their discretion, if the cause shall have been once remanded
before, proceed to a final decision of the same, and award execution.
But no other error shall be assigned or regarded as a ground of
reversal, in ny such case as aforesaid, than such as appears on the face
of the record, and immediately respects the before mentioned questions
of validity, or construction of the said constitution, treaties,
statutes, commissions, or authorities in dispute. See 5 How. S. C. R.
20, 55
29.
The appellate jurisdiction of the supreme court extends to all cases
pending in the state courts and the twenty-fifth section of the
judiciary act, which authorizes the exercise of this jurisdiction in the
specified cases by writ of error, is supported by the letter and spirit
of the constitution. 1 Wheat. 304.
30.
When the construction or validity of a treaty of the United States is
drawn in question in the state courts, and the decision is against its
validity, or the title specially set up by either party under the
treaty, the supreme court has jurisdiction to ascertain that title, and
to determine its legal meaning. 1 Wheat. 358; 5 Cranch, 344; 9 Wheat.
738; 1 Pet. 94; 9 Pet. 224; 10 Pet. 368; 6 Pet. 515.
31.
The supreme court has jurisdiction although one of the parties is a
state, and the other a citizen of that state. 6 Wheat. 264.
32.
Under the twenty-fifth section of the judiciary act, when any clause of
the constitution or any statute of the United States is drawn in
question, the decision must be against the title or right set up by the
party under such clause or statute; otherwise the supreme court has no
appellate jurisdiction of the case. 12 Wheat. 117, 129 6 Wheat. 598 3
Cranch, 268 4 Wheat. 311; 7 Wheat. 164; 2 Peters, 449; 2 Pet. 241; 11
Pet. 167; 1 Pet. 655; 6 Pet. 41; 5 Pet. 248.
33.
When the judgment of the highest court of law of a state, decides in
favor of the validity of a statute of a state drawn in question, on the
ground of its being repugnant to the constitution of the United States,
it is not a final judgment within the twenty-fifth section of the
judiciary act if the suit has been remanded to the inferior court, where
it originated, for further proceedings, not inconsistent with the
judgment of the highest court. 12 Wheat. 135.
34.
The words " matters in dispute" in the act of congress, which is to
regulate the jurisdiction of the supreme court, seem appropriated to
civil causes. 3 Cranch, 159. As to the manner of ascertaining the matter
in dispute, see 4 Cranch, 216; 4 Dall. 22; 3 Pet. 33; 3 Dall. 365; 2
Pet. 243; 7 Pet. 634; 5 Cranch, 13; 4 Cranch, 316.
35.
- (4.) The supreme court has juris- diction by certificate from the
circuit court, that the opinions of the judges are opposed on points
stated, as provided for by the sixth section of the act of April 29th,
1802. The provisions of the act extend to criminal as well as to civil
cases. See 2 Cranch, 33; 10 Wheat. 20 2 Dall. 385; 4 Hall's Law Journ.
462; 5 Wheat. 434; 6 Wheat. 542; 12 Wheat. 212; 7 Cranch, 279.
36. - (5.) It has also jurisdiction by mandamus, prohibition, habeas corpus, certiorari, and procedendo.
37.
- 2. The criminal jurisdiction of the supreme court is derived from the
constitution and the act of September 24th, 1789, s. 13, which gives
the supreme court exclusively, all such jurisdiction of suits or
proceedings against ambassadors, or other public ministers, or their
domestics, as a court of law can have or exercise consistently with the
law of nations. But it must be remembered that the act of April 30tb,
1790, sections 25 and 26, declares void any writ or process whereby the
person of any ambassador, or other public minister, their domestics or
domestic servants, may be arrested or imprisoned. Art. 2. The local
courts.
38. The local courts of the United States are, circuit courts, district courts, and territorial courts., 1. The circuit courts.
39. In treating of circuit courts, it will be convenient to consider, 1st. Their organization; and, 2d. Their jurisdiction.
40.
- 1. Of the organization of the circuit courts. The circuit courts are
the principal inferior courts established by congress. There are nine
circuit courts, composed of the districts which follow, to wit:
41.
- 1. The first circuit consists of the districts of New Hampshire,
Massachusetts, Rhode Island, and Maine. It consists of a judge of the
supreme court and the district judge of the district where such court is
holden. See Acts April 29, 1802 March 26, 1812 and March 30, 1820.
42. - 2 The second circuit is composed of the districts of Vermont, Connecticut and New York. Act of March 3, 183 7.
43. - 3. The third circuit consists of the districts of New Jersey, and eastern and western Pennsylvania;. Act of March 3, 1837.
44. - 4. The fourth circuit is composed of Maryland, Delaware, and Virginia. Act of Aug. 16, 1842.
45. - 5. The fifth circuit is composed of Alabama and Louisiana. Act of August 16, 1842.
46.- 6. The sixth circuit consist of the districts of North Carolina, South Carolina, and Georgia. Act of Aug. 16, 1842.
47. - 7. The seventh circuit is composed of Ohio, Indiana, Illinois, and Michigan. Act of March 3, 1837, 1.
48.-8.
The eighth circuit includes Kentucky, East and West Tennessee, and
Missouri. Act of March 3, 1837, 1. By the Act of April 14, 1842, ch. 20,
1, it is enacted that the district court of the United States at
Jackson, in the district of West Tennessee, shall in future be attached
to, and form a part of the eighth judicial district of the United
States, with all the power and jurisdiction of the circuit court held at
Nashville, in the middle district of Tennessee.
49.
- 9. The ninth circuit is composed of the districts of Alabama, the
eastern district of Louisiana, the district of Mississippi, and the
district of Arkansas. Act of March 3, 1837, 1.
50.
In several districts of the United States, owing to their remoteness
from any justice of the supreme court, there are no circuit courts held.
But in these, the district court there is authorized to act as a
circuit court, except so far as relates to writs of error or appeals
from judgments or decrees in such district court.
51.
The Act of March 3, 1837, provides, " That so much of any act or acts
of congress as vests in the district courts of the United States for the
districts of Indiana, Illinois, Missouri, Arkansas, the eastern
district of Louisiana, the district of Mississippi, the northern
district of New York, the western district of Virginia, and the western
district of Pennsylvania, and the district of Alabama, or either of
them, the power and jurisdiction of circuit courts, be, and the same is
hereby, repealed; and there shall hereafter be circuit courts held for
said districts by the chief or associate justices of the supreme court,
assigned or allotted to the circuit to which such districts may
respectively belong, and the district judges of such districts,
severally and respectively, either of whom shall constitute a quorum;
which circuit courts, and the judges thereof, shall have like powers,
and exercise like jurisdiction as other circuit courts and the judges
thereof; and the said district courts, and the judges thereof, shall
have like powers, and exercise like jurisdiction, as the district
courts, and the judges thereof in the other circuits. From all judgments
and decrees, rendered in the district courts of the United States for
the western district of Louisiana, writs of error and appeals shall lie
to the circuit court in the other district in said state, in the same
manner as from decrees and judgments rendered in. the districts within
which a circuit court is provided by this act."
52.
In all cases where the day of meeting of the circuit court is fixed for
a particular day of the mouth, if that day happen on Sunday, then, by
the Act of 29th April, 1802, and other acts, the court shall be held the
next day.
53.
The Act of April 29, 1802, 5, further provides, that on every
appointment which shall be hereafter made, of a chief justice, or
associate justice, the chief justice and associate justices shall allot
among themselves the aforesaid circuits, as they shall think fit, and
shall enter such allotment on record.
54.
The Act of March 3, 1837, 4, directs that the allotment of the chief
justice and the associate justices of the said supreme court to the
several circuits shall be made as heretofore.
55.
And by the Act of August 16, 1842, the justices of the supreme court of
the United States, or a majority of the are required to allot the
several districts among the justices of the said court.
56.
And in case no such allotment shall be made by them, at their sessions
next succeeding such appointment, and also, after the appointment of any
judge as aforesaid, and before any other allotment shall have been
made, it shall and may be lawful for the president of the United States,
to make such allotment as he shall deem proper which allotment, in
either case, shall be binding until another allotment shall be made. And
the circuit courts constituted by this act shall have all the power,
authority and jurisdiction, within the several districts of their
respective circuits, that before the 13th February, 1801, belonged to
the circuit courts of the United States.
57.
The justices of the supreme court of the United States, and the
district judge of the district where the circuit is holden, compose the
judges of the circuit court. The district judge may alone hold a circuit
court, though no judge of the supreme court may be allotted to that
circuit. Pollard v. Dwight, 4 Cranch, 421.
58.
The Act of September 24th, 1789, 6, provides, that a circuit court may
be adjourned from day to day, by one of its judges, or if none are
present, by the marshal of the district, until a quorum be convened. By
the Act of May 19, 1794, a circuit court in any district, when it shall
happen that no judge of the supreme court attends within four days after
the time appointed by law, for the commencement of the sessions, may be
adjourned to the next stated term, by the judge of the district, or, in
case of his absence also, by the marshal of the district. But by the
4th section of the Act of April 29, 1802, where only one of the judges
thereby directed to hold the circuit courts shall attend, such circuit
court may be held by the judge so attending.
59.
By the Act of March 2, 1809, certain duties are imposed oil the
justices of the supreme court, in case of the disability of a district
judge within their respective circuits to hold a district court. Sect.
2, enacts, that in case of the disability of the district judge of
either of the district courts of the United States, to hold a district
court, and to perform the duties of his office, and satisfactory
evidence thereof being shown to the justice of the supreme court
allotted to that circuit, in which such district court ought, by law to
be holden, and on application of the district attorney, or marshal of
such district, in writing, the said justice of the supreme court shall,
thereupon, issue his order in the nature of a certiorari) directed to
the clerk of such district court, requiring him forthwith to certify
unto the next circuit court, to be holden, in said district, all
actions, suits, pauses, pleas, or processes, civil or criminal, of what
nature or land soever, that may be depending in such district court, and
undetermined, with all the proceedings thereon, and all files, and
papers relating, thereto, which said order shall be immediately
published in one or more newspapers, printed in said district, and at
least thirty days before the session of such circuit court, and shall be
deemed a sufficient notification to all coucerned. And the said circuit
court shall, thereupon, have the same cognizance of all such actions,
suits, causes, pleas, or processes, civil or criminal, of what nature or
kind soever, and in the like manner, as the district court of said
district by law might have, or the circuit court, had the same been
originally commenced therein, and shall proceed to hear and deterime the
same accordingly; and the said justice of the supreme court, during the
continuance of such disability, shall, moreover, be invested with, and
exercise all and singular the, powers and authority, vested by law in
the judge of the district court in said district. And all bonds and
recognizances taken for, orreturnable to, such district court, shall be
construed and taken to be the circuit court to be holden thereafter, in
pursuance of this act, and shall have the same force and effect in such
court as they would have had in the district court to which they were
taken. Provided, that nothing in this act contained shall be so
construed, as to require of the judge of the supreme court, within whose
circuit such district may lie, to hold any special court, or court of
admiralty, at any other time than the legal time for holding the circuit
court of the United States in and for such district.
60.
Sect. 2, provides, that the clerk of such district shall, during the
continuance of the disability of the district judge, continue to
certify, as aforesaid, all suits or actions, of what nature or kind
soever, which may thereafter be brought to such district court, and the
same transmit to the circuit court next thereafter to be holden in the
same district. And the said circuit court shall have cognizance of the
same, in like manner as is hereinbefore provided in this act, and shall
proceed to bear and determine the same. Provided, nevertheless, that
when the disability of the district judge shall cease, or be removed,
all suits or actions then pending and undetermined in the circuit court,
in which, by law, the district courts have an exclusive original
cognizance, shall be remanded, and the clerk of the said circuit court
shall transmit the same, pursuant to the order of the said court, with
all matters and things relating thereto, to the district Court next
thereafter to be holden in said district, and the same proceedings shall
be had therein, as would have been, had the same originated, or been
continued, in the said district court.
61.
Sect. 3, enacts, that in case of the district judge in any district
being unable to discharge his duties as aforesaid, the district clerk of
such district shall be authorized and empowered, by leave or order of
the circuit judge of the circuit in which such district is included, to
take, during such disability of the district judge, all examinations,
and depositions of witnesses, and to make all necessary rules and
orders, preparatory to the final hearing of all causes of admiralty and
maritime jurisdiction. See 1 Gall. 337 1 Cranch, 309 note to Hayburn's
case, 3 Dall. 410.
62.
If the disability of the district judge terminate in his death, the
circuit court must remand the certified causes to the district court. Ex
parte United States, 1 Gall. 337.
63.
By the first section of the Act of March 3, 1821, in all suits and
actions in any district court of the United States, in which it shall
appear that the judge of such court is any ways concerned in interest,
or has been of counsel for either party, or is so related to, or
connected with, either party, as to render it improper for him, in his
opinion, to sit on the trial of such suit or action, it shall be the
duty of such judge, on application of either party, to cause the fact to
be entered on the records of the court, and also an order that an
authenticated copy the thereof, with all the proceedings in such suit or
action, shall be forthwith certified to the next circuit court of the
district, and if there be no circuit court in such district, to the next
circuit court in the state, and if there be no circuit court in such
state, to the most convenient circuit court in an adjacent state; which
circuit court shall, upon such record being filed with the clerk
thereof, take cognizance thereof, in like manner as if such suit or
action had been originally commenced in that court, and shall proceed to
bear and determine the same accordingly, and the jurisdiction of such
circuit court shall extend to all such cases to be removed, as were
cognizable in the district court from which the same was removed.
64.
And the Act of February 28, 1839, 8, enacts, "That in all suits and
actions, in any circuit court of the United States, in which it shall
appear that both the judges thereof, or the judge thereof, who is solely
competent by law to try the same, shall be any ways concerned in
interest therein, or shall have been of counsel for either party, or is,
or are so related to, or connected with, either party as to render it
improper for him or them, in his or their opinion, to sit in the trial
of such suit or action, it shall be the duty of such judge, or judges,
on application of either party, to cause the fact to be entered on the
records of the court; and, also, to make an order that an authenticated
copy thereof, with all the proceedings in such suit or action, shall be
certified to the most couvenient circuit court in the next adjacent
state, or in the next adjacent circuit; which circuit court shall, upon
such record and order being filed with the clerk thereof, take
cognizance thereof in the same manner as if such suit or action had been
rightfully and originally commenced therein, and shall proceed to hear
and determine the same accordingly; and the proper process for the due
execution of the judgment or decree rendered therein, shall run into,
and may be executed in, the district where such judgment or decree was
rendered; and, also, into the district from which such suit or action
was removed."
65.
The judges of the supreme court are not appointed as circuit court
judges, or, in other words, have no distinct commission for that
purpose: but practice and acquiescence under it, for many years, were
held to afford an irresistible argument against this objection to their
authority to act, when made in the year, 1803, and to have fixed the
construction of the judicial system. The court deemed the contemporary
exposition to be of the most forcible nature, and considered the
question at rest, and not to be disturbed then. Stuart v. Laird, 1
Cranch, 308. If a vacancy exist by the death of the justice of the
supreme court to whom the district was allotted, the district judge may,
under the act of congress, discharge the official duties, (Pollard v.
Dwight, 4 Cranch, 428. See the fifth section of the Act of April 29,
1802,) except that he cannot sit upon a writ of error from a decision in
the district court. United States v. Lancaster, 5 Wheat. 434.
66.
It is enacted, by the Act of Februrary 28, 1839, 2, that all the
circuit courts of the United States shall have the appointment of their
own clerks; and in case of disagreement between the judges, the
appointment shall be made by the presiding judge of the court.
67.
The marshal of the district is an officer of the court, and the clerk
of the district court is also clerk of the circuit court in such
district. Act of September 24, 1789, 7.
68.
In the District of Columbia, there is a circuit court established by
particular acts of congress, composed of a chief justice and two
associates. See Act. of February 27, 1801; 12 Pet. 524; 7 Pet. 203; 7
Wheat. R. 534; 3 Cranch, 159; 8 Cranch, 251; 6 Cranch 233. 2. Of the
Jurisdiction of the Circuit Courts.
69.
The jurisdiction of the circuit courts is either civil or criminal.
(1.) Civil Jurisdiction. The civil jurisdiction is either at law or in
equity. Their civil jurisdiction at law is, 1st. Original. 2d. By
removal of actions from the state courts. 3d. By writ of mandamus. 4tb.
By appeal.
70.
- 1st. The original jurisdiction of the circuit courts at law, may be
considered, first, as to the matter in controversy second, with regard
to the parties litigant. (1.) The Matter in Dispute.
71.
By the Act of September 24, 1789, 11, to give jurisdiction to the
circuit court, the matter in dispute must exceed $500. In actions to
recover damages for torts, the sum laid in the declaration is the
criterion as to the matter in dispute. 3 Dall. 358. In an action of
covenant on an instrument under seal, containing a penalty less than
$500, the court has jurisdiction if the declaration demand more than
$500. 1 Wash. C. C. R. 1. In ejectment, the value of the land should
appear in the declaration; 4 Wash. C. C. R. 624; 8 Cranch, 220; 1 Pet.
73; but though the jury do not find the value of the land in dispute,
yet if evidence be given on the trial, that the value exceeds $500, it
is sufficient to fix the jurisdiction; or the court may ascertain its
value by affidavits. Pet. C. C. R. 73.
72.
If the matter in dispute arise out of a local injury, for which a local
action must be brought, in order to give the circuit court
jurisdiction, it must be brought in the district where the lands lie. 4
Hall's Law Journal, 78.
73.
By various acts of congress, jurisdiction is given to the circuit
courts in cases where actions are brought to recover damages for the
violation of patent and Copyrights, without fixing any amount as the
limit. See Acts of April 17, 1800, 4; Feb. 15, 1819; 7 Johns. 144; 9
Johns. 507.
74.
The circuit courts have jurisdiction in cases arising under the patent
laws. By the Act of July 4, 1836, 17, it is enacted, " That all actions,
suits, controversies, and cases arising under any law of the United
States, granting or confirming to inventors the exclusive right to their
inventions or discoveries, shall be originally cognizable, as well in
equity as at law, by the circuit courts of the United States, or any
district court having the powers and jurisdiction of a circuit court;
which courts shall have power, upon bill in equity filed by any party
aggrieved, in any such case, to grant injunctions, according to the
course and principles of courts of equity, to prevent the violation of
the rights of any inventor, as secured to him by any law of the United
States, on such terms and conditions as said courts may deem reasonable.
Provided, however, That from all judgments and decrees, from any such
court rendered in. the premises, a writ of error or appeal, as the case
may require, shall lie to the supreme court of the United States, in the
same manner and under the same circumstances as is now provided by law
in other judgments and decrees of circuit courts, and in all other cases
in which the court shall deem it reasonable to allow the game."
75.
In general, the circuit court has no original jurisdiction of suits for
penalties and forfeitures arising under the laws of the United States,
nor in admiralty cases. 2 Dall. 365 4 Dall. 342; Bee, 19. (2.) The
character of the parties.
76.
Under this head will be considered 1. The United States. 2. Citizens of
difrerent states. 3. Suits where an alien is a party. 4. When an
assignee is plaintiff. 5. Defendant must be an inhabitant of the
circuit. (i.) The United States.
77.
The United States may sue on all contracts in the circuit courts where
the sum in controversy exceeds, besides costs, the sum of $500 but, in
cases of penalties, the action must be commenced in the district court,
unless the law gives express jurisdiction to the circuit courts. 4 Dall.
342. Under the Act of March 3, 1815, 4, the circuit court has
jurisdiction concurrently with the district court of all suits at common
law where any officer of the United States sues under the authority of
an act of congress; as where the post-master general sues under an act
of congress for debts or balances due to the general post-office. 12
Wheat. 136. See 2 Pet. 447; 1 Pet. 318.
78.
The circuit court has jurisdiction on a bill in equity filed b the
United States against the debtor of their debtor, they claiming priority
under the statute of March 2, 1798, c. 28, 65, though the law of the
state where the suit is brought permits a creditor to proceed against
the debtor of his debtor by a peculiar process at law. 4 Wheat. 108.
(ii.) Suits between citizens of different states.
79.
The Act of September 24, 1789, 11, gives jurisdiction to the circuit
court in suits of civil nature when the matter in dispute is of a
certain amount, between a citizen of the state where the suit is
brought, and a citizen of another state; one of the parties must
therefore be a citizen of the state where the such is brought. See 4
Wash. C. C. R. 84; Pet. C. C. R. 431; 1 Sumn. 581; 1 Mason, 520; 5
Cranch, 288; 3 Mason, 185; 8 Wheat.'699; 2 Mason, 472; 5 Cranch, 57; Id.
51; 6 Wheat. 450; 1 Pet. 238; 4 Wash. C. C. R. 482, Id. 595.
80.
Under this section the division of a state into two or more districts
does not affect the jurisdiction of the circuit court, on account of
citizenship. The residence of a party in a different district of a state
from that in which the suit is brought, does not exempt him from the
jurisdiction of the court; if he is found in the district where he is
sued he is not within the prohibition of this section. 11 Pet. 25. A
territory is not a state for the purpose of giving jurisdiction, and,
therefore, a citizen of a territory cannot sue the citizen of a State in
the circuit court. 1 Wheat. 91. (iii.) Suits where on alien is a party.
81.
The Act of September 24, 1780, 11, gives the circuit court cognizance
of all suits of a civil nature where an alien is a party; but these
general words; must be restricted by the provision in the constitution
which gives jurisdiction in controversies between a state, or the
citizens of a state, and foreign states, citizens or subjects; and the
statute cannot extend the jurisdiction beyond the limits of the
constitution. 4 Dall. 11; 5 Cranch, 308. When both parties are aliens,
the circuit court has no jurisdiction. 4 Cranch, 46; 4 Dall. 11. An
alien who holds lands under a special law of the state in which he is
resident, may maintain an action in relation to those lands, in the
circuit court. 1 Baldw. 216. (iv.) When an assignee is the plaintiff.
82.
The court has no jurisdiction unless a suit might have been prosecuted
in such court to recover on the contract assigned, if no assignment had
been made, except in cases of bills of exchange. Act of September 24,
1789, 11; see 2 Pet. 319; 1 Mason, 243; 6 Wheat. 146; 11 Pet. 83; 9
Wheat. 537; 6 Cranch, 332; 4 Wash. C. C. R. 349; 4 Mason, 435; 12 Pet.
164; 2 Mason, 252. It is said that this section of the act of congress
has no application to the conveyance of lands from a citizen of one
state to a citizen of another. The grantee in such, case may maintain
his action in the circuit court, when otherwise properly qualified, to
try the title to such lands. 2 Sumn. 252. (V.) The defendant must be an
inhabitant of, or found in the circuit.
83.
The circuit court has no jurisdiction of an action against a defendant
unless he be an inhabitant of the district in which such court is
located, or found therein, at the time of serving the writ. 3 Wash. C.
C. R. 456. A citizen of one state may be sued in another, it the process
be served upon him in the latter; but in such cases) the plaintiff must
be a citizen of the latter state, or an alien. 1 Pet. C. C. R. 431. 2d.
Removal of actions from the state court's.
84.
The, Act of September 24, 1789, gives, in certain cases, the right of
removing a suit instituted in a state court to the circuit court of the
district. It is enacted by that law, that if a suit be commenced in any
state court against an alien, or by a citizen of the state in which the
suit is brought, against a citizen of another state, and the matter in
dispute exceeds the aforesaid sum or value of five hundred dollars,
exclusive of costs, to be made to appear to the satisfaction of the
court, and the defendant shall, at the time of entering his appearance
in such state court, file a petition for the removal of the cause for
trial, into the next circuit court, to be held in the district where the
suit is pending, and offer good and sufficient security for his
entering in such court, on the first day of its session, copies of the
said process against bim, and also for his then appearing and entering
special bail in the cause, if special bail was originally required
therein, it shall then be the duty of the state court to accept the
surety, and proceed no further in the cause. And any bail that may have
been originally taken shall be discharged. And the said copies being
entered as aforesaid in such court of the United States, the cause shall
there proceed in the same manner as if it had been brought there by
original process. And any attachment of the goods or estate of the
defendant, by the original process, shall hold the goods or estate so
attached, to answer the final judgment, in the same manner as by the
laws of such state they would have been holden to answer final judgment,
had it been rendered by the circuit court in which the suit commenced.
Vide Act of September 24, 1789, 12; 4 Dall. 11; 5 Cranch, 303; 4 Johns.
R. 493; 1 Pet. R. 220; 2 Yeates, R. 275; 4 W. C. C. R. 286, 344.
85.
By the Constitution, art. 3, 2, 1, the judicial power shall extend to
controversies between citizens of the same state, claiming lands under
grants of different states.
86.
By a clause of the 12th section of the Act of September 24th, 1789, it
is enacted, that, if in any action conmmenced in a state court, the
title of land be concerned, and the parties are citizens of the same
state, and the matter in dispute exceeds the sum or value of five
hundred dollars, exclusive of costs, the sum or value being made to
appear to the satisfaction of the court, either party, before the trial,
shall state to the court, and make affidavit, if it require it, that he
claims, and shall rely upon a right or title to the land, under grant
from a state, other than that in which the suit is pending, and produce
the original grant, or an exemplification of it, except where the loss
of records shall put it out of his power, and shall move that the
adverse party inform the court, whether he claims a right of title to
the land under a grant from the state in which the suit is pending; the
said adverse party shall give such information, otherwise not be allowed
to plead such grant, or give it in evidence upon the trial; and if he
informs that he does claim under any such grant, the party claiming
under the grant first mentioned, may then, on motion, remove the cause
for trial, to the next circuit court to be holden in such district. But
if he is the defendant, he shall do it under the same regulations, as in
the before mentioned case of the removal of a cause into such court by
an alien. And neither party removing the cause shall be allowed to
plead, or give evidence of, any other title than that by him stated as
aforesaid, as the ground of his claim. See 9 Cranch, 292 2 Wheat. R.
378.
87.
Application for removal must be made during the term at which the
defendant enters his appearance. 1 J. J. Marsh. 232. If a state court
agree to consider a petition to remove the cause as filed of the
preceding term, yet if the circuit court see by the record, that it was
not filed till a subsequent term, they will not permit the cause to be
docketed. Pet. C.. C. R. 44 Paine, 410 but see 2 Penning. 625.
88.
In chancery, when the defendant wishes to remove the suit, he must file
his petition when he enters his appearance; 4 Johns. Ch. 94; and in an
action in a court of law, at the time of putting in special bail. 12
Johns. 153. And if an alien file his petition when he filed special
bail, he is in time, though the bail be excepted to. 1 Caines, 248;
Coleman, 58. A defendant in ejectment may file his petition. when he is
let in to defend. 4 Johns. 493. See Pet. C. C. R. 220; 2 Wash. C. C. R.
463; 2 Yeates, 275, 352; 3 Dall. 467; 4 Wash. C. C. R. 286; 2 Root 444; 5
John. Ch. R. 300 3 Harn. 48; 4 Wash. C. C. R. 84. 3d. Remedy by
Mandamus.
89.
The power of the circuit Court to issue a mandamus, is confined,
exclusively, to cases in which it may be necessary for the exercise of a
jurisdiction already existing; as, for instance, if the court below
refuse to proceed to judgment, then a mandamus in the nature of a
procedendo may issue. 7 Cranch, 504; 6 Wheat. R. 598. After the state
court had refused to permit the removal of a cause on petition, the
circuit court issued a mandamus to transfer the cause.
4th. Appellate Jurisdiction.
90.
The appellate jurisdiction is exercised by means of, 1. Writs of error.
2 Appeals from the district courts in admiralty and maritime
jurisdiction. 3. Certiorari. 4. Procedendo.
91.
- [l.] This court has jurisdiction to issue writs of error to the
district court, on judgments of that court in civil cases at common law.
92.
The 11th section of the Act of September 24, 1789, provides, that the
circuit courts shall also have appellate jurisdiction from the district
courts, under the regulations and restrictions thereinafter provided.
93.
By the 22d section, final decrees and judgments in civil actions in a
district court, where the matter in dispute exceeds the, sum or value of
fifty dollars, exclusive of costs, may be reexamined, and reversed or
affirmed in a circuit court holden in the same district, upon a writ of
error, whereto shall be annexed and returned therewith at the day and
place therein mentioned, an authenticated transcript of the record and
assignment of errors, and prayer for reversal, with a citation to the
adverse party, signed by the judge of such district court, or a justice
of the supreme court, the adverse party having at least twenty days
notice. But there shall be no reversal on such writ of error, for error
in ruling any plea in abatement, other than a plea to the jurisdiction
of the court, or for any error in fact. And writs of error shall not be
brought but within five years after rendering or passing the judgment or
decree complained of; or, in case the person entitled to such writ of
error be an infant, non compos mentis, or imprisoned, then within five
years, as aforesaid, exclusive of the time of such disability. And every
justice or judge signing a citation or any writ of error as aforesaid,
shall take good and sufficient security, that the plaintiff in error
shall prosecute his writ to effect, and answer all damages and costs, if
he fail to make his plea good.
94. The district judge cannot sit in the circuit court on a writ of error to the district court. 5 Wheat. R. 434.
95.
It is observed above, that writs of error may be issued to the district
court in civil cases at common law, but a writ of error does not lie
from a circuit to a district court in an admiralty or maritime cause. 1
Gall. R. 5..
96.
- [2.] Appeals from the district to the circuit court take place
generally in civil causes of admiralty or maritime jurisdiction.
97.
By the Act of March 3, 1803, 2, it is enacted, that from all final
judgments or decrees in any of the district courts of the United States,
an appeal where the matter in dispute, exclusive of costs, shall exceed
the sum or value of fifty dollars, shall be allowed to the district
court next to be holden in the district where such final judgment or
judgments, decree or decrees shall be rendered: and the circuit courts
are thereby authorized and required, to hear and determine such appeals.
98.
- [3.] Although no act of congress authorizes the circuit court to,
issue a certiorari to the district court for the removal of a cause, yet
if the cause be so removed, and instead of taking advantage of the
irregularity in proper time and in a proper manner, the defendant makes
the defence and pleads to issue, he thereby waives the objection, and
the suit will be considered as an original one in the circuit court,
made so by consent of parties. 2 Wheat. R. 221.
99.-[4.1 The circuit court may issue a writ of procedendo to the district court.
Equity Jurisdiction of the Circuit Courts.
100.
Circuit courts are vested with equity jurisdiction in certain cases.
The Act of September, 1789, 11, gives original cognizance, concurrent
with the courts of the several states, of all suits of a civil nature at
common law or in equity, where the matter in dispute exceeds, exclusive
of costs, the sum or value of five hundred dollars, and the United
States are plaintiffs or petitioners, or an alien is a party, or. the
suit is between a citizen of the state where the suit is brought and a
citizen of another state.
101.
The Act of April 15, 1819, 1, provides, " That the circuit court of the
United States shall. have original cognizance, as well in equity as at
law, of all actions, suits, controversies, and cases arising under may
law of the United States, granting or confirming to authors or
inventors, the exclusive right to their respective writings, inventions,
and discoveries; and upon any bill in equity filed by any party
aggrieved, in such cases, shall have authority to grant injunctions
according to the course and principles of courts of equity, to prevent
the viola-tion of the rights of any authors or inventors, secured to
them by any laws of the United States, on such terms and conditions as
the said courts may deem fit and reasonable:.provided, however, that
from all judgments and decrees of any circuit courts rendered in the
premises, a writ of error or appeal as the case may. require, shall lie
to the supreme court of the United States, in the same Maniaer and under
the same circumstances, as is now provided by law, in other judgments
and decrees of such circuit court."
102.
By the Act of August 23, 1842, it is enacted, 5, " That the district
courts, as courts of admiralty, and the circuit courts, as courts of
equity, shall be deemed always open for the purpose of filing libels,
bills, petitions, answers, pleas, and other plead- ings, for issuing and
returning mesne and final process and commissions, and for making and
directing all interlocutory motions, orders, rules, and other
proceedings whatever, preparatory to the hearing of all causes pending
therein upon their merits. And it shall be competent for any. judge of
the court, upon reasonable notice to the parties, in the clerk's office
or at chambers, and in vacation as well as in term, to make and direct,
and award all such process, commissions, and interlocutory orders,
rules, and other proceedings, whenever the same are not grantable of
course according to the rules and practice of the court."
(2.) Criminal Jurisdiction of the Circuit Courts.
103.
The often cited llth section of the Act of the 24th of September, 1789,
gives the circuit courts exclusive cognizance of all crimes and
offences cognizable under the authority of the United States, except
where that act otherwise provides, or the laws of the United States
shall otherwise direct, and concurrent jurisdiction with the district
courts of the crimes and offences cognizable. therein. The jurisdiction
of the circuit courts in criminal cases is confined to offences
committed within the district for which those courts respectively sit
when they are committed on land. Serg. Const. Law, 129; 1 Gallis. 488.
2. Of the District Courts.
104.
In treating of district courts, the same division which was made, in
considering circuit courts, will here be adopted, by taking a view, 1.
Of their organization and, 2. Of their jurisdiction. 1. Of the
Organization of the District Courts.
105.
The United States are divided into districts, in each of which is a
court called a district court, which is to consist of one judge, who is
to reside in the district for wbich he is appointed, and to hold
annually four sessions. Act of September 24, 1789. By subsequent acts of
congress, the number of annual sessions in particular districts, is
sometimes more and sometimes less; and they are to be held at various
places in the district. There is also a district court in the District
of Columbia, held by the chief justice of the circuit court of that
district. 2. Jurisdiction of the District Courts.
106. Their jurisdiction is either civil or criminal.
107.
- (1.) Their civil jurisdiction extends, 1. To admiralty and maritime
causes: the admiralty and maritime jurisdiction, is either the ordinary
jurisdiction, which comprehends prize suits; cases of salvage actions
for torts; and actions on contracts, such. as seamen's wages, pilotage,
bottomry, ransom, materials, and the like; or the extraordinary or
expressly vested jurisdiction, which includes cases of seizures under
the revenue laws, &c.; and captures within the jurisdiction of the
United States.
108.-2.
To cases of seizure on land under the laws of the United States, and in
suits for penalties and forfeitures, incurred under the laws of the
United States.
109.-3. To cases in which an alien sues for a tort, in violation of the laws of nations, or a treaty of the United States.
110. - 4. To suits instituted by the United States.
111. - 5. To actions by and against consuls.
112. - 6. To certain cases in equity.
113. - 1. The admiralty and maritime jurisdiction of the district court is ordinary or extraordinary.
114.
- 1st. The ordinary jurisdiction is granted by the Act of September
24th, 1789, It is there enacted, that the district court shall have
exclusive original cognizance of all civil causes of admiralty and
maritime jurisdiction. This jurisdiction is exclusive. Bee, 19; 3 Dall.
16; Paine, 111; 4 Mason, 139.
115. This ordinary jurisdiction is exercised in,
116.
- 1. Prize suits. The Act of September 24, 1789, 9, vests in the
district courts as full jurisdiction of all prize causes as the
admiralty of England; and this jurisdiction is an ordinary inherent
branch of the powers of the court of admiralty, whether considered as
prize courts or instance courts, 3 Dall. 16; Paine, 111.
117.
The act of congress marks out not only the general jurisdiction of the
district courts, but also that of the several courts in relation to each
other, in cases of seizure on the waters of the United States,
navigable, &c. When the seizure is made within the waters of one
district, the court of that district has exclusive, jurisdiction, though
the offence may have been committed out of the district. When the
seizure is made on the high seas, the jurisdiction is in the court of
the district where the property may be brought. 9 Wheat. 402; 6 Cranch;
281; 1 Mason, 360; Paine, 40.
118.
When the seizure has been made within the waters of a foreign nation,
the district court has jurisdiction, when the property has been brought
into the district, and a prosecution has been instituted there. 9 Wheat.
402; 9 Cranch. 102.
119.
The district court has jurisdiction of seizures, and of the question of
who is entitled to their proceeds, as informers or otherwise; and the
principal jurisdiction is exclusive; the question, as to who is the
informer, is also exclusive. 4 Mason, 139.
120.
- (2.) Cases of salvage. Under the constitution and laws of the United
States, this court has exclusive original cognizance in cases of
salvage; and, as a consequence, it has the power to determine to whom
the residue of the property belongs, after deducting the salvage. 3
Dall. 183.
121.
- (3.) Actions arising out of tort's and injuries. The district court
has jurisdiction over all torts and injuries committed on the high seas,
and in ports or harbors within the ebb and flow of the tide. Vide 1
Wheat. R. 304; 2 Gall. R. 389; 1 Mason, 96; 3 Mason., 242; 4 Mason, 380;
18 Johns. R. 257.
122.
A court of admiralty has jurisdiction to redress personal wrongs
committed on a passenger, on the high seas, by the master of a vessel,
whether those wrongs be by direct force or consequential injuries. 3
Mason, 242.
123.
The admiralty may decree damages for an unlawful capture of an American
vessel by a French privateer, and may proceed by attachment in ?-em.
Bee, 60.
124. It has jurisdiction in cases of maritime torts, in personam as well as in rem. 10 Wheat. 473,
125.
This court has also jurisdiction of petitory suits to reinstate owners
of vessels who have been displaced from their possession. 5 Mason, 465.
It exercises jurisdiction of all torts and injuries committed on the
high seas, and in ports or barbors within the flow or ebb of the tide. 2
Gallis. 398; Bee, 51.
126.
A father, whose minor son has been tortiously abducted and seduced on a
voyage on the high seas, may sue, in the admiralty, in the nature of an
action per quod, &c., also for wages earned by such son in maritime
service. 4 Mason, 380.
127.
- (4.) Suits on contracts. As a court of admiralty, the district court
has a jurisdiction, concurrent with the courts of common law, over all
maritime contracts, wheresoever the same may be made or executed, or
whatsoever be the form of the contract. 2 Gallis. 398. It may enforce
the performance of charter-parties for foreign voyages, and by
proceeding in rem, a lien for freight under them. 1 Sumn. 551; 2 Sumn.
589. It has jurisdiction over contracts for the hire of seamen, when the
service is substantially performed on the sea, or on waters within the
flow and reflow of the tide 10 Wheat. 428; 7 Pet. 324; Bee, 199; Gilp.
529. But unless the services are essentially maritime, the jurisdiction
does not attach. 10 Wheat. 428; Gilp. 529.
128.
The master of a vessel may sue in the admiralty, for his wages; and the
mate, who on his death succeeds him, has the same right. 1 Sumn. 157; 9
Mason, 161; 4 Mason, 196. But when the services for which he sues have
not been performed by him as master, they cannot be sued for in
admiralty. 3 Mason, 161.
129.
The jurisdiction of the admiralty attaches when the services are
performed on a ship in port where the tide ebbs and flows. 7 Pet. 324;
Gilp. 529.
130.
Seamen, employed on board of steamboats and lighters engaged in trade
or commerce on tide-water, are within the admiralty jurisdiction. But
those in ferryboats are not so. Gilp. 532 Gilp. 203.
131.
Wages may be recovered in the admiralty by the pilot, deck-hands,
engineer, and firemen, on board of a steamboat. Gilp. 505.
132.
But unless the service of those employed contribute in navigating the
vessel, or to its preservation, they cannot sue for their wages in the
admiralty; musicians on board of a vessel, who are hired and employed as
such, cannot therefore enforce a payment of their wages by a suit in
rem in the admiralty. Gilp. 516.
133.
- 2d. The extraordinay jurisdiction of the district court, as a court
of admiralty, or that which is vested by various acts of congress,
consists of -
(1.)
Seizures under the laws of imposts, navigation, or trade of the United
States. It is enacted, by the Act of September 24, 1789, 9, that the
district court shall have exclusive original cognizance of all civil
causes of admiralty and maritime jurisdiction, including all seizures
under laws of impost, navigation, or trade of the United States, when
the seizures are made on waters which are navigable from the sea, by
vessels of ten or more tons burden, within their respective districts,
as well as upon the high seas; saving to suitors, in all cases, the
right of a common law remedy, when the common law is competent to give
it.
134.
Causes of this kind are to be tried by the district court, and not by a
jury. 4 Cranch, 438; 5 Cranch, 281; 1 Wheat. 9, 20: 7 Cranch, 112; 3
Dall. 297.
135.
It is the place of seizure, and not the committing of the offence,
that, under the Act of September 24, 1789, gives jurisdiction to the
court; 4 Cranch, 443 5 Cranch, 304; for until there has been a seizure,
the forum cannot be ascertained. 9 Cranch, 289.
136.
When the seizure has been voluntarily abandoned, it loses its validity,
and no jurisdiction attaches to any court, uuless there be a new
seizure. 10 Wheat. 325 1 Mason, 361.
137.
- (2.) The. admiralty jurisdiction, expressly vested in the district
court, embraces, also, captures made within the jurisdictional limits of
the United States. By the Act of April. 20, 1818, 7, the district court
shall take cognizance of complaints, by whomsoever instituted, in cases
of captures made within the waters of the United States, or within a
marine league of the coasts and shores thereof.
138.
- 2. The civil jurisdiction of the district court extends to cases of
seizure on land, under the laws of the United States, and in suits for
penalties and forfeitures incurred under the laws of the United States.
139.
The Act of September 24, 1789, 9, gives to the district court exclusive
original cognizance of all seizures made on land, and other waters than
as aforesaid, (that is, those which are navigable by vessels of ton or
more tons burden, within their respective districts, or on the high
seas,) and of all suits for penalties and forfeitures incurred under the
laws of the United States.
140.
In all cases of seizure on land, the district court sits as a court of
common law, and its jurisdiction is entirely distinct from that
exercised in case of seizure on waters navigable by vessels of ten tons
burden and upwards. 8 Wheat. 395.
141. Seizures of this kind are triable by jury; they are not cases of admiralty and maritime jurisdiction. 4 Crauch, 443.
142.
- 3. The civil jurisdiction of the district court extends also to cases
in which an alien sues for a tort, in violation of the law of nations,
or a treaty of tho United States.
143.
The Act of September 24, 1789, 9, directs that the district court shall
have cognizance, concurrent with the courts of the several states, or
the circuit courts, as the case may be, of all causes where an alien
sues for a tort only, in violation of the law of nations, or of a treaty
of the United States.
144.
- 4. The civil jurisdiction of this court extends further to suits
instituted by the United States. By the 9th section of the Act of
September 24, 1789, the district court shall also have cognizance,
concurrent as last mentioned, of all suits at common law, where the
United States sue, and the matter in dispute amounts, exclusive of
costs, to the sum or value of one hundred dollars. And by the Act of
March 3; 1815, 4, it has cognizance, concurrent with the courts and
magistrates of the several states, and the circuit courts of the United
States, of all suits at common law where the United States, or any
officer thereof, under the authority of any act of congress sue,
although the debt, claim, or other matter in dispute, shall not amount
to one hundred dollars.
145.
These last words do not confine the jurisdiction given by this act to
one hundred dollars, but prevent it from stopping at that sum: and
consequently, suits for sums over one hundred dollars are cognizable in
the district, circuit, and state courts, and before magistrates, in the
cases here mentioned. By virtue of this act, these tribunals have
jurisdiction over suits brought by the postmaster-general, for debts and
balances due the general post office. 12 Wheat. 147; 2 Pet. 447; 1 Pet.
318.
146.-5.
This court has jurisdiction of actions by and against consuls or
vice-consuls, exclusively of the courts of the several states, except
for offences where other punishment than whipping, not exceeding thirty
stripes, a fine not exceeding one hundred dollars, or a term of
imprisonment not exceeding six months, is inflicted.
147.
For offences above this description formerly the circuit court only had
jurisdiction in cases of consuls. 5 S. & R. 545; 2 Dall. 299. But
by the Act of August 23, 1842, the district courts shall have concurrent
jurisdiction with the circiut courts of all crimes and offences against
the United States, the punishment of which is not capital. And by the,
Act of February 28, 1839, 5, the punishment of whipping is abolished.
See also the Act of 28th Sept. 1850, making appropriations for the naval
service, &c.
148. - 6. The jurisdiction of the district court under the bankrupt laws will be found under the title Bankrupt.
149.
- 7. The district courts have equitable jurisdiction in certain cases.
150. By the first section of the Act of February 13, 1807, the judges of
the district courts of the United States shall have as full power to
grant writs of injunctions, to operate within their respective
districts, as is now exercised by any of the judges of the supreme court
of the United States. under the same rules, regulations, and
restrictions, as are prescribed by the several acts of congress
establishing the judiciary of the United States, any law to the contrary
notwithstanding. Provided, that the same shall not, unless so ordered
by the circuit court, continue longer than to the circuit then next
ensuing; nor shall an injunction be issued by a district judge in any
case, where the party has had a reasonable time to apply to the circuit
court for the writ.
151.
An injunction may be issued by the district judge under the Act of
March 3, 1820, SSSS 4, 5, where proceedings have taken place by warrant
and distress against a debtor to the United States or his sureties,
subject by 6, to appeal to the circuit court from the decision of such
district judge in refusing or dissolving the injunction, if such appeal
be allowed by a justice of the supreme court. On which, with an
exception as to the necessity of an answer on the part of the United
States, the proceedings are to be as in other cases.
152.
The Act of September 24, 1789, 14, vests in the judges of the district
courts, power to grant writs of habeas corpus, for the purpose of an
inquiry into the cause of commitment.
153.
Other acts give them power to issue writs, make rules, take
depositions, &c. The acts of congress already treated of relating to
the privilege of not being sued out of the district of which the
defendant is an inhabitant, or in which he is found, restricting suits
by assignees, and various others, apply to the district court as well as
to the circuit court.
154.
Bythe 9th section of the Act of September 24, 1789, the trial of issues
in fact in the district courts, in all causes except civil causes of
admiralty and maritime jurisdiction, shall be by jury. Serg. Const. Law,
226, 227.
(2.) The criminal jurisdiction of the district court.
155.
By the Act of August 23, 1842, 3, it is enacted that the district
courts of the United States shall have concurrent jurisdiction with the
circuit courts, of all crimes and offences against the United States,
the punishment of which is not capital.
156.
There is a class of district courts of a peculiar description. These
exercise the power of a circuit court, under the same regulations as
they were formerly exercised by the district court of Kentucky, which
was the first of the kind.
157.
The Act of September 24, 1789, 10, gives the district court of the
Kentucky district, besides the usual jurisdiction of a district court,
the jurisdiction of all causes, except of appeals and writs of error,
thereinafter made cognizable in a circuit court, and writs of error and
appeals were to lie from decisions therein to the supreme court, and
under the, same regulations. By the 12th section, authority was given to
remove cases from a state court to such court, in the same manner as to
a circuit court.
3. The territorial courts.
158.
The act to establish the territorial government of Oregon, approved
August 14, 1848, establishes the judicial power of the said territory as
follows: 9. The judicial power of said territory shall be vested in a
supreme court, district courts, probate courts, and in justices of the
peace. The supreme court shall consist of a chief justice and two
associate justices, any two of whom shall constitute a quorum, and who
shall hold a term at the seat of government of said territory annually;
and they shall hold their offices during the period of four years, and
until their successors shall be appointed and qualified. The said
territory shall be divided into three judicial districts, and a district
court shall be held in each of said districts by one of the just of the
supreme court, at such times and places as may be prescribed by law;
and the said judges shall after their appointments, respectively, reside
in the districts which shall be assigned them The jurisdiction of the
several courts herein provided for, both appellate and original, and
that of the probate courts and of justices of the peace, shall be as
limited by law: Provided, That justices of the peace shall not have
jurisdiction of any case in which the title to land shall in anywise
come in question, or where the debt or damages claimed shall exceed one
hundred dollars; and the said supreme and district courts, respectively,
shall possess chancery, as well as common law, jurisdiction. Each
district court, or the judge thereof, shall appoint its clerk, who shall
also be the register in chancery, and shall keep his office at the
place where the court may be held. Writs of error, bills of exception,
and appeals, shall be allowed in all cases from the final decisions of
said district courts to the supreme court, under such regulations as may
be prescribed by law; but in no case removed to the supreme court shall
trial by jury be allowed in said court. The supreme court, or the
justices thereof, shall appoint its own clerk, and every clerk shall
hold his office at the pleasure of the court for which he shall have
been appointed. Writs of error and appeals from the final decisions of
the said supreme court shll be allowed, and way be taken to the supreme
court of the United States, in the same manner, and under the same
regulations, as from the circuit courts of the United States, where the
value of the property, or the amount in controversy, to be ascertained
by the oath or affirmation of either party, or other competent witness,
shall exceed two thousand dollars; and in all cases where the
constitution of the United States, or acts of congress, or a treaty of
the United States, is brought in question; and each of the said district
courts shall have and exercise the same jurisdiction in all cases
arising under the constitution of the United States, and the laws of
said territory, as is vested in the circuit and district courts of the
United States writs of error and appeal in all such cases shall be made
to the supreme court of said territory, the same as in other cases.
Writs of error and, appeals from the final decisions of said supreme
court shall be allowed, and may be taken to the supreme court of the
United States, in the same manner as from the circuit courts of the
United States, where the value of the property, or the amount in
controversy, shall exceed two thousand dollars; and each of said
district courts shall have and exercise the same jurisdiction in all
cases arising under the constitution and laws of the United States, as
is vested in the circuit and district courts of the United States, and
also of all cases arising under the laws of the said territory, and
otherwise. The said clerk shall receive, in all such cases, the same
fees which the clerks of the district courts of the late Wisconsin
Territory received for similar services.
159.
- 10. There shall be appointed an attorney for said territory, who
shall continue in office for four years, and until his successor shall
be appointed and qualified, unless sooner removed by the president, and
who shall receive the same fees and salary as were provided by law for
the attorney of the United States for the late territory of Wisconsin.
There shall also be a marshal for the territory appointed, who shall
hold his office for four years, and until his successor shall be
appointed and qualified, unless sooner removed by the president, and who
shall execute all processes issuing from the said courts, when
exercising their jurisdiction as circuit and district courts of the
United States; he shall perform the duties, be subject to the same
regulation and penalties, and be entitled to the same fees, as were
provided by law for the marshal of the district court of the United
States, for the present [late] territory of Wisconsin; and shall, in
addition, be paid two hundred dollars annually as a compensation for
extra services.
160.
The act to establish a territorial government for Utah, approved
September 9, 1850, contains the following provisions relative to this
subject. They are the same in most respects with the preceding. Section 9
of this act provides, " That the judicial power of said territory shall
be vested in a supreme court, district courts, probate courts, and in
justices of the peace. The supreme court shall consist of a chief
justice and two associate justices, any two of whom shall constitute a
quorum, and who shall hold a term at the seat of government of said
territory annually, and they shall hold their offices during the period
of four years. The said territory shall be divided into three judicial
districts, and a district court shall be held in each of said districts
by one of the justices of the supreme court, at such time and place as
may be prescribed by law; and the said judges shall, after their
appointments, respectively, reside in the districts which shall be
assigned them. The jurisdiction of the several courts herein provided
for, both appellate and original, and that of the probate courts and of
justices of the peace, shall be as limited by law: Provided, That
justices of the peace shall not have jurisdiction of any matter in
controversy when the title or boundaries of land may be in dispute, or
where the debt or sum claimed shall exceed one hundred dollars; and the
said supreme and district courts, respectively, shall possess chancery
as well as common law jurisdiction. Each district court, or the judge
thereof, shall appoint its clerk, who shall also be the register in
chancery, and shall keep his office at the place where the court may be
held. Writs of error, bills of exception, and appeals shall be allowed
in all cases from the final decisions of said district courts to the
supreme court, under such regulations as may be prescribed by law; but
in no case removed to the supreme court shall trial by jury be allowed
in said court. The supreme court, or the justices thereof, shall appoint
its own clerk and every clerk shall hold his office at the pleasure of
the court for which be shall have been appointed. Writs of error, and
appeals from the final decisions of said supreme court, shall be
allowed, and may be taken to the supreme court of the United States, in
the same manner and under the same regulations as from the circuit
courts of the United States, where the value of the property or the
amount in controversy, to be ascertained by the oath or affirmation of
either party, or other competent witness, shall exceed two thousand
dollars, except only that, in all, cases involving title to slaves, the
said writs of error or appeals shall be allowed and decided by the said
supreme court, without regard to the value of the matter, property, or
title in controversy; and except, also, that a writ of error or appeal
shall also be allowed to the supreme court of the United States, from
the decisions of the said supreme court created by this act, or of any
judge thereof, or of the district courts created by this act, or of any
judge thereof, upon any writ of habeas corpus involving the question of
personal freedom: and each of the said district courts shall have and
exercise the same jurisdiction in all cases arising under the
constitution and laws of the United States as is vested in the circuit
and district courts of the United States; and the said supreme and
district courts of the said territory, and the respective judges
thereof, shall and may grant writs of habeas corpus in all cases in
which the same are granted by the judges of the United States in the
District of Columbia; and the first six days of every term of said
courts, or so much thereof as shall be necessary, shall be appropriated
to the trial of causes arising under the said constitution and laws; and
writs of error and appeal, in all such cases, shall be made to the
supreme court of said territory, the same as in other cases. The said
clerk shall receive in all such cases the same fees which the clerks of
the district courts of Oregon territory now rceive for similar services.
161.
"There shall be appointed an attorney for said territory, who shall
continue in office for four years, unless sooner removed by the
president, and who shall receive the same fees and salary as the
attorney of the United States for the present territory of Oregon. There
shall also be a marshal for the territory appointed, who shall hold his
office for four years, unless sooner removed by the president, and who
shall execute all processes issuing from the said courts, when
exercising their jurisdiction as circuit and district courts of the
United States: he shall perform the duties, be subject to the same
regulation and penalties, and be entitled to the same fees as the
marshall of the district court of the United States for the present
territory of Oregon; and shall, in addition, be paid two hundred dollars
annually as a compensation for extra sci-vices."
No comments:
Write comments