of all controversies of a civil nature, where a state is a party, except between a state and its citizens; and except also between &c. a state and citizens of other states, or aliens, in which latter case Jurisdiction of it shall have original, but not exclusive jurisdiction. And shall suits against have, exclusively, all such jurisdiction of suits or proceedings ambassadors, against ambassadors, or other public ministers, or their domes ties, 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 cousul or vice consul shall be a party. And the trial of issues in fact in the supreme court, in Issues in fact 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; the cases hereinafter specially provided for: and shall have prohibitory pow. power; maner to issue writs of prohibition to the district courts, when pro- damus, &c. of ceeding as courts of admiralty and maritime jurisdiction, and the supreme writs of mandamus, in cases warranted by the principles and court. usages of law, to any courts appointed, or persons holding office, under the authority of the United States. 1043. Vol. § 14. That all the before mentioned courts of the United Scire facias, habeas corpus, States shall have power to issue writs of scire facias, habeas cor- and other pus, and all other writs not specially provided for by statute, writs. which may be necessary for the exercise of their respective juris- Vol. i. p. 310. dictions, and agreeable to the principles and usages of law. And Vol. ii. p. that either of the justices of the supreme court, as well as judges ii. p. 1690. of the district courts, shall have power to grant writs of habeas 1719, 2034. corpus, for the purpose of an enquiry into the cause of commit- Power of jusment.-Provided, That writs of habeas corpus shall, in no case, tices and judgextend to prisoners in gaol, unless where they are in custody, as under or by colour of the authority of the United States, or are Proviso; as to committed for trial before some court of the same, or are neces- extent of writs sary to be brought into court to testify. es, as to habe of habeas corpus. § 15. That all the said courts of the United States shall have Power of the power, in the trial of actions at law, on motion and due notice courts to comthereof being given, to require the parties to produce books or pel parties to produce books writings in their possession or power, which contain evidence in evidence, as pertinent to the issue, in cases and under circumstances where in chancery, they might be compelled to produce the same by the ordinary &c. 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, adeif legal remequate, and complete, remedy may be had at law. dy. § 17. That all the said courts of the United States, shall have Power of the power to grant new trials, in cases where there has been a trial courts as to granting new by jury, for reasons for which new trials have usually been grant- trials; admined in the courts of law, and shall have power to impose and ad- istering oaths; Suits in equity not allowed, punishing for contempt; making rules, &c. minister all necessary oaths or affirmations, and to punish, by fine or imprisonment, at the discretion of the 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 Stay of execu- proper, be stayed forty-two days from the time of entering judg tion forty-two ment, 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 judg ment shall be thereby rendered void. days, to give opportunity for new trial, &c. Facts to appear en rec. § 19. That it shall be the duty of circuit courts, in causes in ord, in causes equity, and of admiralty and maritime jurisdiction, to cause the in equity, of facts on which they found their sentence or decree, fully to apadmiralty, &c. pear upon the record, either from the pleadings and decree itVol. ii. p. 905. self, or a state of the case agreed by the parties, or their counPlaintiffs and sel, or, if they disagree, by a stating of the case by the court. libellants, fail- § 20. That where, in a circuit court, a plaintiff in an action, ing in circuit originally brought there, or a petitioner in equity, other than the court to reco- United States, recovers less than the sum or value of five hunver 500 dollars, or 300 dred dollars, or a libellant, upon his own appeal, less than the dollars, liable 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. § 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. to costs. Appeals from district to cir cuit courts in 300 dolls. va lue, in admiralty causes. Vol. ii. p. 905. Proviso; as to district court of Maine. Vol. iii. p. 1771. Re-examina tion of final cuit courts, value above 50 dolls. on writs of error, &c. § 22. That final decrees and judgments, in civil actions in a district court, where the matter in dispute exceeds the sum or decrees in cir- value of fifty dollars, exclusive of costs, may be re-examined, and reversed, or affirmed, in a circuit court, holden in the same district, upon a writ of error, whereto shall be annexed and returned therewith, at the day and place therein mentioned, an authenticated 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 judgments in civil actions, and suits in equity in a circuit court, brought there by original process, or removed there from courts of the several Vol. ii. p. 905. states, or removed there by appeal from a district court, where Re-examina tion of final the supreme court, &c. ments, &c. the matter in dispute exceeds the sum or value of two thousand dollars, exclusive of costs, be re-examined and reversed, or af firmed, 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 to reversal of final judgplea to the jurisdiction of the court, or such plea to a petition or 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 years after rendering or passing the judgment or decree complained of, or in case the person entitled to such writ of error 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- writs of error. prosecuting curity, that the plaintiff in error shall prosecute his writ to effect, Vol. i. p. 373. and answer all damages and costs, if he fail to make his plea good. Writs of error 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 and damages for his delay, and single or double costs at their dis- costs to rescretion. pondents in error. Judgment, on § 24. That when a judgment or decree shall be reversed in a circuit court, such court shall proceed to render such judgment, reversal, in ciror pass such decree, as the district court should have rendered cuit and su or passed; and the supreme court shall do the same on reversals preme courts; except, &c.. 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 supreme shall not issue execution in causes that are removed before them by writs of error, but shall send a special mandate to the circuit courts. court, to award execution thereupon. to circuit ments, &c. of § 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-examined by the is drawn in question the validity of a statute of, or an authority supreme exercised under, any state, on the ground of their being repug- court, on writs nant to the constitution, treaties, or laws, of the United States, of error, &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, 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 supreine 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 face of the fe- mentioned questions of validity or construction of the said cord, &c. constitution, treaties, statutes, commissions, or authorities, in dispute. No error allowed but such as ap pears on the fault, or con courts may In cases of for- § 26. That in all causes brought before either of the courts feiture, by de- of the United States, to recover the forfeiture annexed to any fession, &c. the articles of agreement, covenant, bond, or other specialty, where the forfeiture, breach, or nonperformance, shall appear by the give judgment default or confession of the defendant, or upon demurrer, the in equity. 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 is uncertain, the same shall, if either of the parties request it, be assessed by a jury. A jury to as sess where the sum is uncertain, for the term of four years, &c. Duties and powers of the marshal, &c. Vol. iii. p. 1790, 1791. Marshal to be § 27. That a marshal shall be appointed, in and for each disappointed for trict, for the term of four years, but shall be removable from each district, office at pleasure; whose duty it shall be to attend the district 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 precep's 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 removable 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 : Form of the "I, A. B. do solemnly swear or affirm, that I will faithfully execute Marshal to give bond; and take an oath. oath. Direction of write, &c. in case of the bond. 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 marshal, &c thereof may appoint, and the person so appointed is hereby au- being a party. thorized to execute and return the same. And in case of the 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 Defaults of shall be appointed and sworn: And the defaults, or misfeasances deputies a in office of such deputy or deputies in the mean time, as well breach of 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 bave like remedy for the defaults and misfeasances in administrator office of such deputy or deputies during such interval, as they marshals to would be entitled to if the marshal had continued in life, and in have remedy the exercise of his said office, until his successor was appointed, against depuand sworn or affirmed: And every marshal, or his deputy, when tics. removed from office, or when the term for which the marshal is Powers of the appointed shall expire, shall have power, notwithstanding, to marshal on reexecute all such precepts as may be in their hands, respectively, office, &c. at the time of such removal or expiration of office; and the marshal shall be held answerable for the delivery to his suc- Marshal ancessor of all prisoners which may be in his custody at the time swerable for of his removal, or when the term for which he is appointed shall prisoners, &c. 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 moval from to his successor. Trial of cases punishable lot, &c. Vol. § 29. That in cases punishable with death, the trial shall be had in the county where the offence was committed; or where with death, to that cannot be done without great inconvenience, twelve petit be had in jurors at least shall be summoned from thence. And jurors in county; exall cases to serve in the courts of the United States, shall be de cept, &c. signated by lot or otherwise, in each state respectively, accord- Jurors to be ing to the mode of forming juries therein now practised, so far designated by as the laws of the same thall render such designation practica- p. 792. ble, by the courts or marshals of the United States; and the jurors shall have the same qualifications as are requisite for jurors Qualification of jurors, &c. by the laws of the state of which they are citizens, to serve in 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, 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 veniwhen directed by the court, shall issue from the clerk's office, and shall be served and returned by the marshal in his proper rors, &c. re facias, &c. |
