States, or deprive them of their legal priority, the said sec- JAILS, &C. retary is hereby authorised to receive from such debtor, any deed, assignment, or conveyance, of the real or personal estate of such debtor, if any he hath, or any collateral security, to the use of the United States; and upon a compliance, by the debtor, with such terms and conditions as the said secretary may judge reasonable and proper, under all the circumstances of the case, it shall be lawful for the said secretary to issue his order, under his hand, to the keeper of the prison, directing him to discharge such debtor from his imprisonment under such execution, and he shall be accordingly discharged, and shall not be liable to be imprisoned again for the said debt; but the judgment shall remain good and sufficient in law, and may be satisfied out of any estate which may then, or at any time afterwards, belong to the debtor."

"If any person shall falsely take an oath or affirmation under this act, he shall be deemed guilty of perjury, and be subject to the pains and penalties provided in the third section of an act, entitled 'An act for the relief of persons imprisoned for debt.""

dent, under

1817.

"The benefit of this act shall not be extended to any person imprisoned for any fine, forfeiture or penalty, incurred by a breach of any law of the United States, or for monies had and received by any officer, agent, or other person, for their use."58 A later act makes provision for the discharge by the presi- by the prest dent of debtors, whose case does not warrant their discharge the act of under the above act by the secretary of the treasury, as follows: "Any person, imprisoned upon execution for a debt due to the United States, which he shall be unable to pay, if his case shall be such as does not authorise his discharge by the secretary of the treasury, under the powers given him by the act, entitled' An act providing for the relief of persons imprisoned for debts due to the United States,' may make application to the president of the United States, and upon proof being made to his satisfaction that such debtor is unable to pay

53 Act of 6 June, s. 1. 2. 3. Ls. U. S. 506.

TERMS.

OFFICERS the debt, and upon a compliance by the debtor with such terms and conditions as the president shall deem proper, he may order the discharge of such debtor from his imprisonment, and he shall be accordingly discharged, and shall not be liable to be imprisoned again for the same debt; but the judgment shall remain good and sufficient in law, and may be satisfied out of any estate which may then, or at any time afterwards, belong to the debtor."54

Officers.

Terms.

Officers of the circuit court.] The marshal of the district is the ministerial officer of the court, and the clerk of the district court is also clerk of the circuit court.55 Affidavits and the acknowledgment of special bail are taken by the same officers as in the district court. And the reader is referred to the head of district court, for an account of all these officers.

Terms.] There are two terms of the circuit court in the year, commencing on the last Mondays of May and October, and held at the city hall of the city of New York.56

Respecting adjournments, it is provided that the court may be adjourned from day to day, by any one of its judges, or if none are present, by the marshal of the district, until a quorum be convened.57 Under this provision it has been held, that where a judge has once attended and adjourned the court, the marshal cannot afterwards continue the court open by adjournment, and the term ceases.'

101

It is also provided that if the justice of the supreme court does not attend within four days after the commencement of the term, the court may be adjourned to the next stated term by the district judge, or in case of his absence, by the marshal.58

54 Act of 3 March, 1817. Ls. U. S. 1652.

55 Act of 1789. s. 7. Act of 29 April, 1802. s. 4. Ls. U. S. 856.

56 Act of 13 May, 1826. s. 1. Ls. U. S. 2022.

57 Act of 1789. s. 6.

101 C. Ct. N. Y. May, 1829. 2 Paine's Rep.

58 Act of 19 May, 1794. Ls. U. S. 339.

SECTION III.

SUPREME COURT OF THE UNITED STATES.

JURISDIC

TION.

ment and or

of the court

We have seen that the supreme court of the United States Establishwas established, and its original and appellate jurisdiction ganization conferred upon it by the constitution; a power being given to congress to make exceptions and regulations as to its appellate jurisdiction.59

60

61

The supreme court consists of a chief justice and six associate justices, any four of whom constitute a quorum. They are appointed by the president and senate,62 and hold their offices during good behaviour.6 The associate justices have precedence according to the date of their commissions, or where they bear date of the same day, according to their ages.64

JURISDICTION.

which it has

The supreme court has jurisdiction as follows: 1. In all cases in controversies of a civil nature between two or more states, or jurisdiction. a state and a foreign state, in which cases it is original and exclusive; and in such controversies, where a state is plaintiff, and a citizen of another state or alien is defendant, in which cases it is original, but not exclusive: 2. Of suits or proceedings against ambassadors, or other public ministers, or their domestics or domestic servants, in which cases it is original and exclusive; and of suits brought by ambassadors, or

ΤΙΟΝ.

JURISDIC other public ministers, or in which a consul or vice consul is a party, in which cases it is original, but not exclusive: 3. It has appellate jurisdiction, by writ of error, upon the final judgments of the circuit court in civil actions at common law, except those removed there by error or otherwise101 from a district court, where the matter in dispute exceeds two thousand dollars: 4. It has the like jurisdiction, upon the final judgment in any suit in the highest court of the 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, the state, on the ground of their being repugnant to the constitution, treaties or laws of the United States, and the decision is in favour of 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, treaty, statute or commission. 5. It has appellate jurisdiction by writ of prohibition to the district courts when proceeding as courts of admiralty and maritime jurisdiction. 6. It has the like jurisdiction by writ of mandamus to any courts appointed under the authority of the United States. 7. It has the like jurisdiction by writ of habeas corpus to inquire into the cause of commitment in some cases, where the constitution allows it appellate jurisdiction.

Provisions

of the con

ferring juris

Those provisions of the constitution which confer on the supreme court its jurisdiction, are as follows:

"The judicial power shall extend to all cases, in law and stitution con- equity, arising under this constitution, the laws of the United diction. 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

101 Quere as to "otherwise?"

TION,

jurisdiction; to controversies to which the United States shall JURISDICbe 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."

"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 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 the congress shall make."65

article as to

states, and

But as we have seen, the judicial power of the United States Amendatory was afterwards very much limited by the following amendment suits against of the constitution: "The judicial power of the United States, shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States, by citizens of another state, or by citizens or subjects of any foreign state."66

tion.

This amendment of the constitution limiting the jurisdiction its construc of the courts of the United States, where a state is a party, does not affect their jurisdiction where a state as plaintiff asserts its claims; nor does it oust their jurisdiction where such claims are suggested, the state not being an actual party;67 and in cases where a writ of error lies to a state court, although a state may be a party upon the record and defendant in error, this court has nevertheless appellate jurisdiction,68 as such jurisdiction arises wholly from the character of the case and is not affected by the character of the parties.

ORIGINAL JURISDICTION.

Besides the above constitutional provision, the judiciary act Original ju

65 Art. 3. s. 2.

Amend. 11.

675 Cranch. Rep. 139. 2 Dall. VOL. I.

41

402. 9 Wheat. Rep. 904. 855.

738. 2 Peters. S. C. Rep. 323.

68 6 Wheat. Rep. 375. 405.

risdiction.