of modern improvements in the practice of government. And (3.) the permanent provision for their support is calculated to secure an independent judiciary. Without such a provision, the fittest and most learned men, would not relinquish lucrative professional pursuits, for a station in the government, for the labors of which a liberal and permanent compensation was not provided.

But to ensure a just performance of duty, they are amenable for any corrupt violation of their trust; and on impeachment, they may be removed from office, and disqualed from holding any office whatever, under the government of the United States.

The constitution next defines the extent of the judiciary power:

"The judicial power shall extend to all cases in law and equity, arising under the 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 citizens of another state; between citizens of different states; between citizens of the same state claiming lands under grants of different states; and between a state, or the citizens thereof, and foreign states, citizens, or subjects."

The propriety and fitness of these judicial powers, seem to result, as a necessity, from the union of the states in one national government; for without them, a government could not long exist. They are made to extend "to all

appointment of the judges made to rest on popular suffrage? How long do judges hold their offices? What provision is made for their support? What is the amount of their salaries? What provision is made to ensure a just performance of their trust? To what ca

cases arising under the constitution," because the mean. ing and operation of a compact ought always to be ascer tained by an authority derived from all the parties, and not by an authority derived from any one of them. The other cases here enumerated, are evidently of national concern; the exercise of the judicial power by them, would produce confusion and dissatisfaction between parties, and disturb the peace of the union.

The organization of the judiciary was provided for by the judiciary act of 24th September, 1789. By this act were constituted, the supreme court, and courts of inferior grade, called circuit courts, and district courts.

Supreme Court. The supreme court consists of a chief justice, and six associate justices, any four of whom are a quorum. This court hold's annually at the city of Washington, one session, commencing on the second Monday of January.

The constitution provides that, "in all cases affecting ambassadors, other public ministers, and consuls, and those in which a state shall be a party, the supreme court shall have original jurisdiction. In all other cases before mentioned, the supreme court shall have appellate jurisdiction, both as to law and fact, with such exceptions, and under such regulations, as the congress shall make."

By original jurisdiction in any case, it is meant, that such case may originate, or commence, and be tried in this court. If a case has been first tried in an inferior court, and a párty be not satisfied with the decision of the court, such party may appeal to the supreme court for

ses does the judicial power extend? Why might not the state courts exercise these powers? When was the judiciary organized?

Of what officers is the supreme court composed? Whre is its annual sesion held? And when? In what cases has this court jurisdiction? What is meant by original jurisdiction? What does appellate jurisdiction signify? What is exclusive jurisdiction?→→

trial. In such trial, the supreme court is said to have appellate jurisdiction. The grant of original jurisdiction to this court does not imply, however, that it has exclusive jurisdiction. It has original jurisdiction in no other cases than those mentioned in the constitution. Its principal business is to rejudge cases that are brought from the circuit courts.

When the constitution or laws of the United States come in question, in the highest court in a state, and are there judged of, a writ of error may be brought, whereby the case is transferred to the supreme court; and the decision of the state court may be approved or reversed. This provision is an essential one, that the constitution and laws of the union may be finally judged of in one tribunal, and that there may not be discordant judgments in like matters.

By writ of crror, nothing is removed for re-examination but the law in the case; by appeal, the whole cause is entirely removed, and all the facts are submitted for a rehearing.

Circuit Courts. The United States are divided into seven circuits, in each of which, two courts are annually held. This court is composed of the judge of the supreme court residing within such circuit, and the judge of the disrict wherein the court is held. The seven judges of the supreme court are so located as to bring one of them in each of the several circuits.

This court tries causes between citizens of different states, between aliens and citizens, and those wherein the

What is the principal business of the supreme court? How are cases removed to this court? What is the difference between cases removed by writ of error, and those removed by appeal? Into how many circuit districts are the United States divided? How are the circuit courts constituted? How are the several judges lo What cases are tried before this court?

cated?

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United States is a party. It also trics some cases in appeal from the district court. It sits in four different capacities: (1.) as a court of common law; (2.) as a court of equity, otherwise termed a court of chancery, in which there is no trial by jury; but the one party states his complaint in a bill of equity, and the other defends in a written answer. This is one of the few cases in the administration of justice, wherein what a party says for himself is evidence: (3.) as a maritime court, trying matters relating to affairs on the high seas. In time of war it tries all cases of prizes on appeal from district courts, and condemns the property captured: and (4.) as a court for the punishment of crimes against the laws of the United States. It has a grand jury, and a petit jury. It tries all felonies punishable with death, as murders in forts and arsenals, and other territory ceded by the states to the United States for national uses, and on board ships of war in time of peace, and when not within the body of a county, or within a harbor.

District Courts.

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These are the lowest national courts in the United States. Every state in the Union, constitutes at least one district: in a few of the larger states, there are two. In each of these there is a district judge. powers relate to cases arising under the laws made for the collection of duties, to seizures of goods, to penalties. and forfeitures under the laws of the United States, to matters in which aliens and foreign consuls are parties; and to crimes of inferior grade against the laws of the United States, whether on land or sea. In every district there is a district attorney, who institutes and conducts suits for the United States; and a marshal, whose duty

ent capacities does this court sit? What is an equity court? What is a maritime court? How are district courts constituted? What cases are tried by the district judges? What other officers are ap

is similar to that of a sheriff. These courts hold annually four stated terms.

The last material provision in the constitution is that which declares, that "this constitution, and the laws of the United States which shall be made in pursuance thereof, and all treaties made or which shall be made under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, any thing in the constitution or laws of any state to the contrary notwithstanding."

This declaration seemed necessary to remove all doubt or ground of dispute, as to the superiority of the constitution and laws, and treaties of the United States, when they should be found to interfere with those of any sta'e; and it necessarily belongs to the judicial power, whenever a case arises judicially, to determine what is the supreme law of the land. The determination of the supreme court must be final and conclusive, as the power is given to that tribunal to decide in all cases, and as there is no appeal from its decision.

pointed in the several districts? What does the constitution de clare respecting its supremacy? Why was this declaration neces sary? To what power are questions submitted for final decision?