REMARKS. GENERAL of the inferior courts of the United States, it becomes necessary to refer to the acts of congress by which they are regulated or established; and in doing this, each court will be considered separately. But before proceeding to the separate consideration of each court, it may not be amiss to take a more single and general view of them, as the united depositaries of the entire judicial power. Cases to which the judicial power extends. Distribution of the judi among the U.S. The cases to which the judicial power relinquished by the state governments to the courts of the union, as regulated by congress extends, are of four kinds; 1. Those which arise under the constitution, laws and treaties of the nation, and which therefore, seem to belong, naturally, to the jurisdiction of its courts: 2. Those which concern persons who as representatives of foreign governments, are entitled to national protection 3. Those which are of admiralty and maritime jurisdiction; the general regulation of commerce having been resigned to the nation: and 4. Certain particular cases in which there might be a bias in the state courts towards one of the parties, in consequence of such party's claiming title under the state, or being one of its citizens, or the state itself; or against him on account of his being an alien, In establishing the inferior national courts, congress has cial power placed them for the more convenient and ready administration courts of the of justice, in different portions of the union, generally allotting two courts with different powers to each state; and in distributing the judicial power between the supreme court and such inferior courts, it has been done with particular reference to the locality and character of the tribunal.-To the district or lower local court, which is organized for the greatest despatch of business, has been assigned the jurisdiction of admiralty and maritime causes, and the collection and protection of the revenues of the nation.-To the circuit or higher local court, has been given a supervisory power over the district court; a concurrent jurisdiction with that court in matters of revenue; the adjudication upon private rights acquired under certain acts cf congress; and the jurisdiction of cases withdrawn from the REMARKS. state courts on account of apprehended partiality, except when GENERAL a state is the party.-To the supreme court, has been confided the high and sometimes exclusive jurisdiction where a state is a party in certain cases; jurisdiction in suits where one of the parties is entitled to national protection; and a supervisory power over the circuit courts; and also over the state courts, so far as was necessary in order to prevent them, in administering justice, from misconstruing or disregarding the laws of the union; securing by such supervisory power the uniform construction and paramount authority of those laws. SECTION I. DISTRICT COURTS OF THE UNITED STATES. the state and The state of New York, like many of the larger states, is Districts of divided into two districts. The districts are called the north- their courts. ern and southern districts of New York, and each has a separate court. The state formerly composed one district only, from which the northern district was separated and its court. established in 1814, a writ of error being allowed from its decisions to the circuit court for the southern district. By a subsequent act, in 1818, the extent of the northern district was considerably enlarged, and certain regulations made in relation to the jurisdiction of the two courts. It is also made the duty of the judge of the southern district to hold the court of the northern district, in case the judge of that district is unable to hold it.9 8 Organization, jurisdiction, &c.] The district court of each Organiza 6 Act of April 9, 1814. s. 1. Ls. U. S. 1409. The edition of the laws referred to is that published under the direction of Mr. Justice Story, in 1827. 7 Ib. 8 Act of April 4. 1818. Ls. U. 9 Ib. tion. TION. JURISDIC district consists of a single judge, called a district judge, who resides in the district for which he is appointed;10 and like all other judges of any of the courts of the United States, he holds his office during good behaviour."1 The judges of the district courts are forbidden to practice law as attornies or counsellors.12 Jurisdiction. Cases to which it extends. Statutory provision originally conferring Criminal and admiralty ju The civil jurisdiction of the district courts, of a common law character, is extremely limited, and embraces actions and proceedings to be instituted in these five cases only: 1. For penalties and forfeitures incurred under the laws of the United States; and where seizures are made on land, or on waters not navigable from the sea by vessels of ten or more tons burthen: 2. Where the United States are plaintiffs, or where an officer of the United States sues under the authority of an act of congress: 3. Where an alien sues for a tort only in violation of the law of nations, or a treaty of the United States: 4. Where consuls and vice consuls are defendants: And, 5. For the repeal of letters patent for inventions. The following section of the judiciary act contains the jurisdiction originally conferred by congress on the district courts; jurisdiction. and although parts of it relate to criminal and admiralty jurisdiction, yet it is necessary to give it entire, in order that those provisions by which they acquire their common law jurisdiction may be intelligible, or a just construction be put upon them. "The district courts shall have, exclusively of the courts risdiction. of the several states, congnizance of all crimes and offences that shall be cognizable under the authority of the United States, committed within their respective districts, or upon the high seas, where no other punishment than whipping, not exceeding thirty stripes, a fine not exceeding one hundred dollars, or a term of imprisonment not exceeding six months, is to be inflicted: and shall also have exclusive original cogni 10 Act of Sept. 24th, 1789. s. 3. Ls. U.S. 54. Act of 18 Dec. 1812. Ls. U. S. 1282. 11 Const. Art. 3. s. 1. zance of all civil causes of admiralty and maritime jurisdiction, including all seizures under laws of impost, navigation or trade of the United States, where the seizures are made on waters which are navigable from the sea by vessels of ten or more tons burthen, within their respective districts, as well as upon the high seas, saving to suitors, in all cases, the right of a common law remedy, where the common law is competent to give it." JURISDIC TICN. law jurisdic "And shall also have exclusive original cognizance of all Common seizures on land, or other waters than as aforesaid, made, and tion." of all suits for penalties and forfeitures incurred, under the laws of the United States. And shall also have cognizance, concurrent with the courts of the several states, or the circuit courts, as the case may be, of all causes where an alien sues for a tort only in violation of the law of nations, or a treaty of the United States. And shall also have cognizance, concurrent as last mentioned, of all suits at common law, where the United States sue, and the matter in dispute amounts, exclusive of costs, to the sum or value of one hundred dollars. And shall also have jurisdiction exclusively of the courts of the several states, of all suits against consuls or vice consuls, except for offences above the description aforesaid. And the trial of issues in fact, in the district courts, in all causes, except civil causes of admiralty and martime jurisdiction, shall be by jury."13 extended by act. The grant of common law jurisdiction to the district courts Jurisdiction contained in the clause above cited, in cases where the United subsequent States are plaintiffs, has been extended by a subsequent act to suits in which the debt or claim may not amount to one hundred dollars, by the following provision: "The district court of the United States shall have cognizance, concurrent with the courts and magistrates of the several states, and the circuit courts of the United States, of all suits at common law, where 13 Act of Sept 24, 1789. s. 9. Ls. U. S. 56. TION. JURISDIC- the United States, or any officer thereof, under the authority of any act of congress, shall sue, although the debt, claim or other matter in dispute shall not amount to one hundred dollars."14 Concurrent jurisdiction courts in The exclusive jurisdiction of the district courts in suits for given to state penalties and forfeitures incurred under the laws of the United States when they are passed for the collection of direct taxes and internal duties, has, by a subsequent act of congress, been made concurrent with the state courts; and the courts to which this concurrent jurisdiction is so extended as well as those which are to exercise the concurrent jurisdiction before allowed to state courts, where the United States are plaintiffs, in suits arising under such collection laws, are particularly specified, and some of the proceedings in suits and prosecutions in such cases, prescribed by the following provisions. suits for pe nalties under "The respective state or county courts within or next adcertain acts; joining a collection district, established by any act of congress now in being or hereafter to be passed, for the collection of any direct tax or internal duties of the United States, shall be and are hereby authorised to take cognizance of all complaints, suits and prosecutions for taxes, duties, fines, penalties and forfeitures, arising and payable under any of the acts passed, or to be passed, as aforesaid, or where bonds are given under the said acts; and the district attornies of the United States are hereby authorized and directed to appoint by warrant, an attorney, as their substitute or deputy, in all cases where necessary to sue or prosecute for the United States, in any of the said state or county courts, within the sphere of whose jurisdiction the said district attornies do not themselves reside or practise; and the said substitute or deputy shall be sworn or affirmed to the faithful execution of his duty."15 "The jurisdiction conferred by the foregoing section shall be considered as attaching, in the cases therein specified, with |