PART 1. Any six judges constitute a quorum.1 The order of precedence among the associate justices is according to the date of their commissions; or, when two or more commissions are contemporaneously issued, according to their respective ages.2 By the act of Dec. 18, 1812, ch. 5, it is declared to be unlawful "for any judge appointed under the authority of the United States to exercise the profession or employment of counsel or attorney, or be engaged in the practice of the law." Clerk.] Notwithstanding the multifarious jurisdiction and diversified business of the supreme court, it has but one clerk, in whose office all its proceedings are entered and all its records kept. He is appointed by the court, and is required to take an oath, and to execute a bond with sureties in a penalty of two thousand dollars, for the faithful performance of his duties.* He is required to keep his office at the seat of the national government, and is prohibited from practising as attorney or counsel. His office is in fact kept in the capitol. He is forbidden to permit any original record or paper to be taken from the supreme court room, or from the office, without an order from the court. His compensation consists of an allowance of ten dollars a day during his attendance in court, and fees for specific services. He is required in all cases to take from "the party" a bond, with competent security, in a penalty of two hundred dollars, or a deposit to that amount, to secure his fees; 1 Act of March 3, 1863, §1: 12 Stat. at Large, p. 794. 2 Stat. at Large, p. 788. ⚫ Act of Sept. 24, 1789, ch. 20, § 7: 1 Stat. at Large, p. 76. ▾ Act Feb. 28, 1799, ch. 30, § 3: 1 Stat. at Large, p. 624. and upon service and non-payment of his bill of fees, CHAP. 2. he is entitled to an attachment to compel payment.1 His duties, so far as it is necessary to treat of them, will be sufficiently indicated in the sequel. Crier.] The crier is appointed by the court.3 Attorneys and Counselors.] By the act of Sept. 24, 1789,3 it is provided, "that in all the courts of the United States, the parties may plead and manage their own causes personally, or by the assistance of such counsel or attorneys at law, as by the rules of the said courts, respectively, shall be permitted to manage and conduct causes therein." Notwithstanding the privilege here secured to suitors, of litigating without the intervention of professional agents, it is hardly necessary to say that the business of these courts is in fact conducted by attorneys and counselors." To entitle persons to admission as attorneys or counselors in the supreme court, "it is required that they shall have been such for three years past in the supreme court of the state to which they respectively belong; and that their private and professional characters shall appear to be fair." To obtain admission under this rule, it is only necessary that some counselor in whom the court repose confidence, should make a motion for that purpose, and state orally that the case of the applicant falls within the rule. 1See Appendix, Rule 10, S. C. Rules. > Act of 1799, §7; ubi supra. Ch. 20, § 35: 1 Stat. at Large, p. 92. These are the only denomination of practitioners designated by the judicial act, and no others have been recognized by the rules of the supreme court. For though it is a court of equity as well as of law, it has no solicitors, eo nomine, nor, although it is a civil law court, has it any proctors or advocates. * Appendix, No. 2, S. C. Rules. PART 1. The oath or affirmation taken upon admission, is as follows: I do solemnly swear (or affirm) that I will demean myself (as attorney, or counselor of this court), uprightly, and according to law, and that I will support the constitution of the United States.1 Of the privileges, disabilities and duties of attorneys of their appointment, the duration of their authority, the mode of changing them, their punishment for misconduct, &c., it is deemed unnecessary to treat at large. With very few exceptions the acts of congress, as well as the rules of the court, are silent with respect to all these particulars. But by an act passed July 22, 1813, it is enacted that "if any attorney, proctor or other person, admitted to manage and conduct causes in a court of the United States, or of the territories thereof, shall appear to have multiplied the proceedings in any cause before the court, so as to increase the costs unreasonably and vexatiously, such person may be required by the order of the court to satisfy any excess of costs so incurred." The other legislative enactments, together with the judicial decisions, applicable to the subject, will be sufficiently treated of in the second part of this work; and it need at present only be observed, that the law and practice of the court of king's bench and chancery in England, afford in general the true guide in relation to it.3 Attorney-General.] By the last section of the judicial act, it is provided that "there shall be appointed a meet person, learned in the law, to act as attorney 1 Appendix, Rule 2, S. C. Ch. 14, §3: 3 Stat. at Large, p. 21. 'Appendix, No. 3, S. C. Rules. 1 general for the United States, who shall be sworn or CHAP. 2. affirmed, to a faithful execution of his office; whose duty it shall be to prosecute and conduct all suits in the supreme court in which the United States shall be concerned, and to give his advice and opinion upon questions of law, when required by the president of the United States, or when requested by the heads of any of the departments, touching any matters that may concern their departments." He is charged with the general superintendence and direction of the district attorneys and marshals in the several judicial districts and territories, as to the manner of discharging their duties; and these officers are required to report to him their official proceedings, as he shall direct. He is empowered also to employ attorneys and counselors when he thinks it necessary, to assist the district attorneys in the performance of their duties, and to enter into stipulations with such assistants as to the amount of their compensation.2 He is appointed by the president, by and with the advice and consent of the senate, and the duration of his office is not limited by law. He is empowered also to appoint an assistant attorney-general.3 Marshal.] For a full account of the mode of the appointment, the powers, duties, responsibilities, &c., &c., of the marshals of the United States, see post, chapter 10, "Marshal." By the act of June 9, 1794, so much of the 27th section of the judicial act, "as is or may be construed to require the attendance of the marshals of all the districts at the supreme court," is repealed; and this duty is restricted to the marshal of the district in 'Act of Sept. 24, 1789, ch. 20, § 35: 1 Stat. at Large, p. 93. 2 Act of August 2, 1861, ch. 37: 12 Stat. at Large, p. 285. Act of March 3, 1858, ch. 79: 11 Stat. at Large, p. 420. 4 Ch. 64, § 7: Stat. at Large, p. 395. PART 1. which the court shall sit, unless the attendance of the marshals of the other districts shall be required by the special order of the court. Reporter.] The decisions of the supreme court have uniformly been reported, ever since its organization. No provision, however, it is believed, was made by law for the appointment or compensation of a reporter until 1817; when an act was passed providing an annual compensation of one thousand dollars to the reporter who should from time to time be appointed by the court to report its decisions; upon the condition, however, that he should print and publish the decisions of the court within six months after such decisions were pronounced; and should deliver eighty copies thereof to the secretary of state, (for distribution in the manner therein directed,) without any expense to the United States.1 This act was limited to three years, but its provisions were continued in force by successive acts of short duration, until 1842, when a permanent act was passed, recognizing the power of the supreme court to appoint a reporter of its decisions, and awarding to him a compensation of thirteen hundred dollars per annum, provided he publish the decisions of the court within six months after they were made; that he deliver to the secretary of state one hundred and fifty copies thereof, (for distribution in the manner prescribed by the act,) and that they be not sold to the public at large for a greater price than five dollars for each volume.2 In addition to the above mentioned compensation the reporter is entitled to the copyright of his volumes. 'Act of March 3, 1817, ch. 63 : 3 Stat. at Large, p. 376. * Act of August 29, 1842, ch. 264: 5 Stat. at Large, p. 545. |