ambassadors, of all controversies of a civil nature, where a state is a party, except between a state and its 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 Jurisdiction of have, exclusively, all such jurisdiction of suits or proceedings suits against against ambassadors, or other public ministers, or their domes- &c. tics, 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. by jury. The supreme court shall also have appellate jurisdic- Appellate jution from the circuit courts and courts of the several states, in risdiction; prothe cases hereinafter specially provided for: and shall have power; mandamus, er to issue writs of prohibition to the district courts, when pro- &c. of the suceeding as courts of admiralty and maritime jurisdiction, and preme court. writs of mandamus, in cases warranted by the principles and usages of law, to any courts appointed, or persons holding office, Scire facias, under the authority of the United States. 14. That all the beforementioned courts of the United States shall have power to issue writs of scire facias, habeas corpus, and all other writs not specially provided for by statute, which may be necessary for the exercise of their respective jurisdictions, and agreeable to the principles and usages of law. And that either of the justices of the supreme court, as well as judges of the district courts, shall have power to grant writs of habeas corpus, for the purpose of an enquiry into the cause of commitment.--Provided, That writs of habeas corpus shall, in no case, extend to prisoners in gaol, unless where they are in custody, under or by colour of the authority of the United States, or are committed for trial before some court of the same, or are necessary to be brought into court to testify. Issues in fact hibitory pow habeas corpus, and other 15. That all the said courts of the United States shall have power, in the trial of actions at law, on motion and due notice thereof being given, to require the parties to produce books or writings in their possession or power, which contain evidence pertinent to the issue, in cases and under circumstances where they might be compelled to produce the same by the ordinary rules of proceeding in chancery; and if a plaintiff shall fail to comply with such order to produce books or writings, it shall be . lawful for the courts, respectively, on motion, to give the like judgment for the defendant as in cases of nonsuit; and if a defendant shall fail to comply with such order to produce books or writings, it shall be lawful for the courts, respectively, on motion as aforesaid, to give judgment against him or her by default. § 16. That suits in equity, shall not be sustained in either of the courts of the United States, in any case where plain, adequate, and complete, remedy may be had at law. writs. Act of 1793, [58.] act of 123. act of as to habeas corpus. Proviso; as to extent of writs of habeas cor pus. Power of the courts to com pel parties to produce books in evidence, as in chancery, &c. Suits in equity not allowed, if legal remedy. Power of the courts as to trials; admin granting new § 17. That all the said courts of the United States, shall have power to grant new trials, in cases where there has been a trial by jury, for reasons for which new trials have usually been granted in the courts of law, and shall have power to impose and ad- istering oaths; punishing for contempt; making rules, &c. Stay of execu tion forty-two days, to give opportunity for new trial, &c. Facts to ap pear on record, in causes in equity, of admiralty, &c. Altered. Act of 1803, ch. 93. Plaintiffs and libellants, fail ing in circuit court to reco minister all necessary oaths or affirmations, and to punish, by fine or imprisonment, at the discretion of said courts, all contempts of authority in any cause or hearing before the same; and to make and establish all necessary rules for the orderly conducting business in the said courts, provided such rules are not repugnant to the laws of the United States. 18. That when, in a circuit court, judgment upon a verdict in a civil action shall be entered, execution may, on motion of either party, at the discretion of the court, and on such conditions, for the security of the adverse party, as they may judge proper, be stayed forty-two days from the time of entering judgment, to give time to file, in the clerk's office of said court, a petition for a new trial. And if such petition be there filed within said term of forty-two days, with a certificate thereon, from either of the judges of such court, that he allows the same to be filed, which certificate he may make or refuse at his discretion, execution shall, of course, be further stayed to the next session of said court. And if a new trial be granted, the former judgment shall be thereby rendered void. 19. That it shall be the duty of circuit courts, in causes in equity, and of admiralty and maritime jurisdiction, to cause the facts on which they found their sentence or decree, fully to appear upon the record, either from the pleadings and decree itself, or a state of the case agreed by the parties, or their counsel, or, if they disagree, by a stating of the case by the court. § 20. That where, in a circuit court, a plaintiff in an action, originally brought there, or a petitioner in equity, other than the United States, recovers less than the sum or value of five hunver 500 dollars, dred dollars, or a libellant, upon his own appeal, less than the or 300 dollars, sum or value of three hundred dollars, he shall not be allowed, but, at the discretion of the court, may be adjudged to pay costs. liable to costs. Appeals from district to circuit courts in 300 dolls. value, in admiralty causes. Altered. Act of 1803, ch. 93. Proviso; as to district court of Maine. Act of 1820, ch. 25. Re-examina § 21. That from final decrees in a district court, in causes of admiralty and maritime jurisdiction, where the matter in dispute exceeds the sum or value of three hundred dollars, exclusive of costs, an appeal shall be allowed to the next circuit court, to be held in such district. Provided nevertheless, That all such appeals from final decrees as aforesaid, from the district court of Maine, shall be made to the circuit court next to be holden after each appeal in the district of Massachusetts. 22. That final decrees and judgments, in civil actions in a district court, where the matter in dispute exceeds the sum or tion of final de- value of fifty dollars, exclusive of costs, may be re-examined, and crees in circuit reversed, or affirmed, in a circuit court, holden in the same discourts, value above 50 dolls. trict, upon a writ of error, whereto shall be annexed and returnon writs of er- ed therewith, at the day and place therein mentioned, an authen ror, &c. ticated 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. And upon a like process, may final judgments and decrees in civil actions, and suits in equity in a circuit court, brought there by original process, or removed there from courts of the several of 1803, ch. 93. states, or removed there by appeal from a district court, where Re-examination of final judgments in the supreme court, &c. Altered. Act to reversal of the matter in dispute exceeds the sum or value of two thousand dollars, exclusive of costs, be re-examined and reversed, or affirmed, in the supreme court, the citation being in such case signed by a judge of such circuit court, or justice of the supreme court, and the adverse party having at least thirty days' notice. But there shall be no reversal in either court on such writ of Exception, as error, for error in ruling any plea in abatement, other than a final judg plea to the jurisdiction of the court, or such plea to a petition or ments, &c. bill in equity, as in the nature of a demurrer, or for any error in fact. And writs of error shall not be brought but within five Writs of error years after rendering or passing the judgment or decree com- to be brought plained of, or in case the person entitled to such writ of error years, &c. be an infant, feme covert, 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 on Security for any writ of error as aforesaid, shall take good and sufficient se- prosecuting curity, that the plaintiff in error shall prosecute his writ to effect, writs of error. and answer all damages and costs, if he fail to make his plea of 12. Dec'r. good. within five 1794, ch. 68. In what cases writs of error shall be a su persedeas, &c. § 23. That a writ of error as aforesaid, shall be a supersedeas and stay execution, in cases only where the writ of error is served, by a copy thereof being lodged for the adverse party, in the clerk's office, where the record remains, within ten days, Sundays exclusive, after rendering the judgment or passing the decree complained of. Until the expiration of which term of ten days, executions shall not issue in any case where a writ of error may be a supersedeas; and where, upon such writ of error, the supreme or a circuit court shall affirm a judgment or decree, they shall adjudge or decree to the respondent in error just damages for his delay, and single or double costs at their dis- Damages and cretion. costs to respondents in error. Judgment, on reversal, in cir cuit and supreme courts; except, &c. § 24. That when a judgment or decree shall be reversed in a circuit court, such court shall proceed to render such judgment, or pass such decree, as the district court should have rendered or passed; and the supreme court shall do the same on reversals therein, except where the reversal is in favor of the plaintiff or petitioner in the original suit, and the damages to be assessed, or matter to be decreed, are uncertain, in which case they shall remand the cause for a final decision. And the supreme court Mandates from shall not issue execution in causes that are removed before them supreme to cirby writs of error, but shall send a special mandate to the circuit cuit courts. court, to award execution thereupon. ments, &c. of amined by the § 25. That a final judgment or decree in any suit, in the In what cases highest court of law or equity of a state in which a decision in final judg the suit could be had, where is drawn in question the validity of the highest a treaty or statute of, or an authority exercised under, the Uni- state courts, ted States, and the decision is against their validity; or where may be re-exis drawn in question the validity of a statute of, or an authority supreme court, exercised under, any state, on the ground of their being repug- on writs of ernant to the constitution, treaties, or laws, of the United States, or, &c. 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, No error al lowed but such the face of the as appears on record, &c. In cases of for feiture, by default, or confession, &c. the courts may give judgment 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 any 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. 26. That in all causes brought before either of the courts of the United States, to recover the forfeiture annexed to any articles of agreement, covenant, bond, or other specialty, where the forfeiture, breach, or nonperformance, shall appear by the default or confession of the defendant, or upon demurrer, the court before whom the action is, shall render judgment therein for the plaintiff to recover so much as is due according to equity. And when the sum for which judgment should be rendered sess where the is uncertain, the same shall, if either of the parties request it, be assessed by a jury. in equity. A jury to as sum is uncer tain. Marshal to be appointed for each district, for the term of Duties and powers of the marshal, &c. Act of 1820, ch. 102. ch. 107. § 27. That a marshal shall be appointed, in and for each district, for the term of four years, but shall be removeable from office at pleasure; whose duty it shall be to attend the district four years, &c. and circuit courts, when sitting therein, and also the supreme court in the district in which that court shall sit and to execute, throughout the district, all lawful precepts directed to him, and issued under the authority of the United States, and he shall have power to command all necessary assistance in the execution of his duty, and to appoint, as there shall be occasion, one or more deputies, who shall be removeable from office by the judge of the district court, or the circuit court sitting within the district, at the pleasure of either. And before he enters on the duties of his office, he shall become bound for the faithful performance of the same, by himself and by his deputies, before the judge of the district court, to the United States, jointly and severally, with two good and sufficient sureties, inhabitants and freeholders of such district, to be approved by the district judge, in the sum of twenty thousand dollars, and shall take, before said judge, as shall also his deputies, before they enter on the duties of their appointment, the following oath of office: "I, A. B. do solemnly swear or affirm, that I will faithfully execute Marshal to give bond; and take an oath. Form of the oath. case of the Direction of writs, &c. in marshal, &c. being a party. In case of the Defaults of de all lawful precepts directed to the marshal of the district of under the authority of the United States, and true returns make, and in all things well and truly, and without malice or partiality, perform the duties of the office of marshal (or marshal's deputy, as the case may be) of the district of during my continuance in said office, and take only my lawful fees. So help me God." § 28. That in all causes wherein the marshal, or his deputy, shall be a party, the writs and precepts therein shall be directed to such disinterested person as the court, or any justice or judge thereof may appoint, and the person so appointed is hereby authorized to execute and return the same. And in case of the death of any marshal, his deputy, or deputies, shall continue in marshal's office, unless otherwise specially removed; and shall execute death, &c. the same in the name of the deceased, until another marshal shall be appointed and sworn: And the defaults, or misfeasances puties a breach in office of such deputy or deputies in the mean time, as well of bond. as before, shall be adjudged a breach of the condition of the bond given, as before directed, by the marshal who appointed them; and the executor or administrator of the deceased mar- Executor or shal, shall have like remedy for the defaults and misfeasances in administrator office of such deputy or deputies during such interval, as they would be entitled to if the marshal had continued in life, and in the exercise of his said office, until his successor was appointed, and sworn or affirmed: And every marshal, or his deputy, when removed from office, or when the term for which the marshal is appointed shall expire, shall have power, notwithstanding, to execute all such precepts as may be in their hands, respectively, at the time of such removal or expiration of office; and the Marshal anmarshal shall be held answerable for the delivery to his successor of all prisoners which may be in his custody at the time of his removal, or when the term for which he is appointed shall expire, and for that purpose may retain such prisoners in his custody, until his successor shall be appointed, and qualified as the law directs. of deceased marshals to have remedy against depu ties. Powers of the marshal on removal from office, &c. swerable for prisoners, &c. cessor. to his suc Trial of cases punishable with death, to be had in county; except, &c. lot, &c. See 29. That in cases punishable with death, the trial shall be had in the county where the offence was committed; or where that cannot be done without great inconvenience, twelve petit jurors at least shall be summoned from thence. And jurors in all cases to serve in the courts of the United States, shall be de- Jurors to be signated by lot or otherwise, in each state respectively, accord- designated by ing to the mode of forming juries therein now practised, so far act of 1800, as the laws of the same shall render such designation practica- ch. 61. ble, by the courts or marshals of the United States; and the jurors shall have the same qualifications as are requisite for jurors Qualifications by the laws of the state of which they are citizens, to serve in of jurors, &c. the highest courts of law of such state, and shall be returned, as Return of juthere shall be occasion for them, from such parts of the district, rors, &c. from time to time, as the court shall direct, so as shall be most favorable to an impartial trial, and so as not to incur an unnecessary expense, or unduly to burthen the citizens of any part of the district with such services. And writs of venire facias, Writs of venire when directed by the court, shall issue from the clerk's office, facias, &c. and shall be served and returned by the marshal in his proper |