The judgments of this court being against a sovereign state cannot be enforced against the government as judgments are enforced against private persons. They are satisfied out of money appropriated by Congress for the purpose. The Court of Claims holds its sessions in Washington.

Other courts outside of the regular federal system are the territorial courts (p. 186), and the courts which have been established by the District of Columbia. These are not the federal courts contemplated in the Constitution; they are ordinary law courts established by Congress in pursuance of its power to govern the Territories (119) and the District of Columbia (61). Their functions correspond to that of the law courts of a State (p. 178).

Officers of the Federal Courts. Every district must be supplied with a district attorney, a marshal and a clerk. The district attorney prosecutes and defends in the federal courts suits to which the United States is a party. The marshal is the federal sheriff (p. 198). He executes the judgments and orders of the court. The marshal is the connecting link between the judiciary and the executive. He acts under the order of the court, but in the name of the President. In the enforcement of a decision of the court he may call to his aid a posse of citizens and even the federal army. If the President should refuse to furnish the force necessary to execute a decree of the court, he would thereby paralyze the arm of the judiciary. The clerk (appointed by the court) keeps a record of the proceedings of the court. The officers of a district court serve also as officers of a circuit court. District attorneys and marshals are appointed by the President.

The

The Kinds of Cases Tried in the Federal Courts. Constitution plainly enumerates the kinds of cases that may be tried in the federal courts (Article III, Section 2). The reason for trying these cases by federal authority in

stead of trying them in State courts have been stated in a decision rendered by John Jay, the first Chief Justice of the Supreme Court:

(1) "The judicial power extends to all cases affecting ambassadors, other public ministers, and consuls (107), because, as these officers are of foreign nations, whom this nation is bound to protect and treat according to the laws of nations, cases affecting them ought to be cognizable only by national authority:

(2) "To all cases of admiralty and maritime jurisdiction (108), because, as the seas are joint property of nations, whose rights and privileges relative thereto are regulated by the laws of nations and treaties, such cases necessarily belong to national jurisdiction:

(3) "To controversies to which the United States shall be a party (108); because, in cases in which the whole people are interested, it would not be equal or wise to let any one State decide and measure out the justice due to others:

(4) "To controversies between two or more States (109); because domestic tranquillity requires that the contentions of States should be peacefully terminated by a common judicatory, and because, in a free country, justice ought not to depend on the will of either of the litigants:

(5) "To controversies between a State and citizens of another State (109); because, in case a State-that is, all the citizens of it-has demands against some citizens of another State, it is better that she should prosecute their demands in a national court than in a court of the State to which those citizens belong, the danger of irritation and crimination arising from apprehensions and suspicions of partiality being thereby obviated:

(6) "To controversies between citizens of the same State claiming (109) lands under grants of different States; because, as the rights of the two States to grant the land are drawn into question, neither of the two States ought to decide the controversy:

(7) "To controversies between a State, or the citizens thereof, and foreign States, citizens, or subjects (109); because, as every nation is responsible for the conduct of its citizens toward other nations, all questions touching the justice due to foreign nations or people ought to be ascertained by and depend on national authority."

The fifth class of cases enumerated above requires a word of explanation. In 1793 one Chisholm of South Carolina sued the State of Georgia in the federal courts for the recovery of a claim and won his case. Here a State was dragged into a federal court by an individual from another State. This was resented by the States and the eleventh amendment was speedily adopted (1798), and since its adoption a State cannot be sued against its will in a federal court by a citizen of another State (145).

QUESTIONS ON THE TEXT

1. Why is the independence of the federal judiciary important? How is this independence secured?

2. Explain the provisions of the Judiciary Act of 1789.

3. What change was made in the organization of the federal judiciary in 1869 in 1891?

4. Name the four grades of federal courts and tell what judges sit in each of these courts.

5. Give an account of the federal courts which are outside the regular federal system.

6. Name the officers of the federal courts and state the duties of each.

7. Enumerate the kinds of cases that may be tried in the federal courts and give reasons for trying these cases by federal instead of by State authority.

8. What is the effect of the eleventh amendment?

SUGGESTIVE QUESTIONS AND EXERCISES

1. Name three famous men who have been Chief Justices of the Supreme Court, giving a brief sketch of the life of each.

2. What is the number of the federal circuit which holds sessions in your State? What are the boundaries of this circuit? Name the circuit judges of the circuit.

3. What are the salaries of the judges of the several federal courts? Do these salaries seem to be sufficient?

4. Thomas Jefferson proposed that the terms of the judges of the Supreme Court be limited to four or six years. Discuss the proposition. 5. How many of the present judges of the Supreme Court are Democrats? How many are Republicans? Should a President in appointing a judge consider the party affiliations of the appointee?

6. Name the Chief Justice of the federal Supreme Court and the eight associate justices.

7. The Court of Commerce. In 1910 Congress established a Court of Commerce, consisting of five judges who are circuit judges in rank and who are appointed by the President. This court tries certain classes of cases which arise under the findings and orders of the Interstate Commerce Commission. Its regular sessions are held in Washington, D. C., although it may try cases in other places.

Topics for Special Work.-The Federal Courts: 2, 167-177. The Courts and the Constitution: 2, 178-187. The Organization of the Courts of the United States: 10, 137-152. The Tenure of Office in the Federal Courts: 30, 250-255. The Character of the Good Judge: 30, 247-250.

XXI

THE FEDERAL JUDICIARY AT WORK

Explanation of Terms. In the last chapter we learned how the federal courts are organized and what kind of cases come before them to be settled. In this chapter we shall learn how the federal cases are distributed to the several grades of courts, but before we proceed several terms need to be explained.

Cases or actions that come before courts are either criminal or civil. A criminal case is one in which a person is tried for crime. In a federal court a person accused of crime is guaranteed a trial by jury (139) in the State within which the crime was committed. A civil case, broadly speaking, is a controversy between private individuals concerning the rights of property. When a civil case is tried before a judge and jury (141) it is a case at law; when a civil case is tried before a judge only, it is a case at equity. The jurisdiction of a court is its power or authority to hear and determine controversies. When a court may deal with an action from its commencement it has original jurisdiction; when it reviews a case that has been tried in a lower court it has appellate jurisdiction; when a case may be tried either in one court or another the two courts are said to have concurrent jurisdiction; when a case is carried from a lower court to a higher one to be heard, an appeal is said to be taken.

The Jurisdiction of the Four Grades of Federal Courts. The jurisdiction of the several classes of federal courts has been determined from time to time by acts of Congress