In accordance with the terms of an act of 1869, any United States judge of ten years' standing, who has reached the age of seventy years, may resign and continue to draw his full salary. A few judges have been retired by special act of Congress before reaching the age of seventy years. For misconduct, judges may be impeached in the same manner as other government officials.

Court Officers. In each district there is a districtattorney, appointed by the President, whose duty it is to conduct cases to which the United States is a party in all the inferior United States courts, except the Court of Claims. A marshal in each district has duties similar to those of the county sheriff. United States Commissioners, appointed in each circuit by the circuit courts, assist both district and circuit judges by administering oaths, examining witnesses in certain cases, etc.

Relation between State and Federal Courts. All of the states have their own courts, which interpret state laws, and in most cases their decisions are final. Cases may be transferred from state courts to United States courts if an interpretation of a Federal law or the Constitution is involved. A few cases may be brought before either Federal

or state courts.

There are four grades of law in the United States, and in case of conflict the lower must always give way to the higher. These grades are: (1) the United States Constitution; (2) United States treaties and laws; (3) state constitutions; (4) state laws. In case of conflict between laws of equal grade, the last one passed makes the others

QUESTIONS ON THE TEXT

1. Describe the organization of the Supreme Court.

2. Mention the kinds of cases in which the Supreme Court has original jurisdiction.

3. Why is it necessary that we should have United States courts? 4. Describe the inferior United States courts.

5. What is the relation between the United States courts and state courts?

6. If the courts declare a statute to be wholly or in part unconstitutional, what is the effect of such a declaration?

QUESTIONS SUGGESTED BY THE TEXT

1. Why should judges be appointed for life?

2. Show the influence of America's greatest jurist, Chief-Justice Marshall, on American law and history.

3. Why was the Eleventh Amendment passed? Would it be possible for such an amendment to be passed at the present time? 4. Who is the Chief Justice of the United States Supreme Court? 5. Name some act of Congress that the Supreme Court has declared unconstitutional and give reasons for the decision.

CHAPTER XXII

THE GOVERNMENT OF TERRITORIES
AND DEPENDENCIES

The National Domain. The granting of western lands by the original states before the Articles of Confederation went into effect gave to the United States an immense tract of land extending west to the Mississippi River. The last important act of the Congress of the Confederation was the famous Ordinance of 1787, which provided for the government of the Northwest Territory. This ordinance furnished a model for territorial government, which the United States has followed in many details. For the Northwest Territory a territorial government was established, negro slavery was prohibited, civil and religious liberty was guaranteed, and it was understood that in due time the territory would "be formed into distinct republican states."

The national domain has been greatly increasing since that time: the great Louisiana region, stretching west and north from the Mississippi River, was purchased from France in 1803; Florida was purchased from Spain in 1819; in 1846 our title was made clear to the Oregon country, to which our real claim had been that of exploration and settlement, by treaty with Great Britain; the southwestern boundary of the United States reached its present limits as a result of the treaty which ended the Mexican War, and the Gadsden purchase of 1853.

The original states, together with Maine, Kentucky, and Texas, were never a part of the national domain.

Land Policy of the United States. The public domain of the United States, which has included the immense area of 2,889,175 square miles,1 has been largely sold to actual settlers at a price ranging from $1.25 to $2.50 an acre. The Homestead Act of 1862 enabled "any citizen, or person who has declared his intention of being such, who is the head of a family, or has attained his majority, or has served in the army or navy, and is not already possessed of more than 160 acres in any state or territory," to obtain a homestead of 160 acres at practically no expense, on condition that he should actually cultivate the land for five years, unless he was a soldier or sailor in the employ of the United States during the Civil War, in which case residence for only one year was required. Public land has also been distributed in accordance with the terms of the Timber Culture Act, which provided that a citizen over twenty-one years of age, the head of a family, might secure 160 acres of public land by setting out a certain area of land in trees and keeping the trees in good condition for eight years. Much of the public land has been given away to encourage the building of railroads, and a considerable amount has been given to schools and colleges.

The United States has now parted with most of its land in one or other of the ways mentioned; of that which remains, comparatively little is suitable for agricultural purposes, though doubtless irrigation would make it possible to cultivate a large part of what is now waste land.

A part of the public land has been retained for national 'Donaldson, "The Public Domain,” pp. 14-16,

parks and forest reservations. Indian reservations and military reservations exist in many parts of the country.

The Results of the Public Land Policy. Notwithstanding great abuses, whereby corporations and private persons have been enabled to secure by fraud vast tracts of land, the land policy has resulted in disposing of the public land to millions of actual settlers, who have occupied holdings of small areas. This is of the utmost importance to the United States, as it has caused the land to be cultivated by proprietors and not by tenants.

Government of Organized Territories. — An organizing act, passed by Congress, provides for a territory the usual executive, legislative, and judicial departments. The chief executive of a territory is a governor appointed for a term of four years by the President, with the consent of the Senate. In a similar manner, and for a like term, the President appoints the treasurer, auditor, and other chief territorial officers. A territorial legislature, consisting of two houses, is elected by the people. The legislature may make laws for the territory, and provide for the organization of local governments. The highest territorial judges are appointed by the President. They are not a part of the United States judiciary, but are regarded as a part of the territorial government, and may be removed from office by the President. Each territory may send a delegate to Congress. The delegate may address Congress on matters affecting his territory, but he has no vote.

Territorial government is a combination of self-government and control by the United States. Though the territorial legislature has considerable power, its members