accusation, a time is fixed for the trial, when it proceeds in much the same way as in an ordinary criminal trial in the federal courts. When deciding a question raised during the trial or when considering the verdict, the Senate does so in secret session, after which its decisions are publicly announced.

Conviction. No officer can be convicted in case of impeachment unless two-thirds of the Senators present concur, but it would seem that questions raised during the trial can be determined by the majority. In the trial of a person for treason the Constitution provides that:

No person shall be convicted of treason unless on the testimony of two witnesses to the same overt act, or on confession in open court. (Art. III., Sec. 3, Cl. 1.)

Trial of President.-In case the President is impeached, it is manifest that the Vice-President is interested in the trial, for, if the accused is convicted and deprived of his office, the Vice-President would succeed him. In view of this fact, the provision was inserted in the Constitution that in such case the Chief Justice shall preside at the trial.

Grounds for Impeachment. The grounds for impeachment are stated in the Constitution to be "treason, bribery, or other high crimes and misdemeanors." Treason against the United States is defined by the Constitution to "consist only in levying war against them, or in adhering to their enemies, giving them aid and comfort " (Art. III., Sec. 3, Cl. 1). Bribery is the giving, tendering or receiving of any gift as a reward for performing a legal duty. High crimes and misdemeanors cover all

classes of crimes, but whether a crime committed by an officer not in his official capacity is an impeachable offense is a question as yet undecided.

2. THE SUPREME COURT.

Composition. This tribunal is composed of judges appointed by the President with the consent of the Senate. There is no provision as to number, although from Article II., Section 2, Clause 2, it would appear that the framers of the Constitution contemplated more than one judge, and a Chief Justice is mentioned in Article I., Section 3, Clause 6; nor is it provided where or when the court shall hold its sessions. These details have been supplied by laws enacted by Congress. By the Judicial Act of 1789 the number of Justices was made six, which has since been increased to nine.

Sessions. The Court sits at Washington, and holds one session annually, commencing on the second Monday in October.

3. INFERIOR COURTS.

Divisions. In accordance with the provisions of the Constitution (Art. III., Sec. 1), Inferior Courts have been established by acts of Congress. They will be considered in the following order: (a) District Courts; (b) Circuit Courts; (c) Circuit Courts of Appeal; and (d) the Court of Claims. The judges are appointed in the same way and for the same term as the Justices of the Supreme Court, and their compensation is guaranteed by the same constitutional provision.

(a) District Courts.

Districts and Judges.-Congress has set apart each State as a judicial district, except in case of the more populous States, which are divided into two or more districts. At present (1902) there are seventy-three judicial districts. There is a resident Judge in each district; and the court is held by a District Judge.

(b) Circuit Courts.

Circuits and Judges.-The United States is also divided into nine judicial circuits. To each Circuit the Supreme Court allots one of its Justices, who must attend at least one term of such Court in every two years. For each circuit there are also appointed two or more Circuit Judges. Prior to the establishment of the Circuit Courts of Appeal, there was but one Judge appointed for each Circuit.

Terms. A Circuit Court sits twice a year in each district within the circuit. It may be held by the Justice of the Supreme Court, a Circuit Judge, or a District Judge sitting alone, or by the Justice and a Circuit Judge together, or by either of them sitting with the District Judge.

(c) Circuit Courts of Appeal.

Number and Purpose. They are nine in number and were created for the purpose of relieving the Supreme Court of certain classes of appeals.

Composition. A Circuit Court of Appeal consists of three Judges, two of whom form a quorum. It is held by the Justice of the Supreme Court allotted to that cir

cuit and two Circuit Judges, but a District Judge is also competent to act. No judge, however, can hear a case in the Circuit Court of Appeal at the trial of which he presided in the District or Circuit Court.

(d) The Court of Claims.

Composition and Session. This Court consists of five Judges, appointed in the same manner as other judicial officers, one of whom is Chief Justice of the Court. It sits in Washington and holds one session annually.

4. COURT OFFICERS.

United States Commissioners.- United States Commissioners are appointed in each circuit by the Circuit Courts, to assist the District and Circuit Judges. Their chief duties are to administer oaths, to examine and commit offenders against the federal laws, and to examine witnesses in certain cases.

District Attorneys.-A District Attorney is appointed by the President for each judicial district to conduct criminal cases and civil actions, to which the United States is a party, in the inferior courts except the Court of Claims.

Clerks.-A Clerk is appointed by the various courts, who has charge of the archives, the seal and the moneys paid into court.

Marshals.-A Marshal is appointed by the President in each district, who executes the commands of the court, makes arrests for the violation of the federal laws and is given power to appoint deputies to aid him in the performance of his duties.

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2. THE JURISDICTION OF THE FEDERAL COURTS.

JURISDICTION is the authority to administer justice under the laws. It may be limited as to the matter in controversy, or the persons involved. It is also either original or appellate.

ORIGINAL JURISDICTION is the authority of a court to try a cause which has not been submitted to any other court, to receive evidence of the facts, to apply the laws and to render judgment. APPELLATE JURISDICTION is the authority of a court to review a tried and determined in another court, without taking further evidence, and to reverse, modify or approve the judgment rendered.

cause,

CONCURRENT JURISDICTION is that which a court possesses in common with another court or courts.

THE COMMON LAW consists of those rules of justice, not enacted by the legislative power, which courts in England and the United States have declared to be the right principles for the regulation of society.

As the rules of the Common Law became definite and fixed, another branch of jurisprudence was introduced, termed Equity, which arose from the same source, natural justice, and was intended to supplement or correct the settled rules of the Common Law, when their application would work hardship or injustice.

The Common Law and Equity are termed the Unwritten Law. Statute Law comprises those laws which have been enacted by the legislative power. These are called the Written Law, and supersede the Common Law and Equity whenever their rules conflict.

This system of jurisprudence, introduced in America with the earliest English settlements, was the only one with which the Colonists were familiar at the time of the Revolution. It was, therefore, recognized as a proper basis for judicial proceedings, and is to-day the system employed in the federal courts and in all the States except Louisiana, which derives its jurisprudence from France, and except in relation to certain questions of land titles arising in the States and Territories included in the lands ceded to the United States by Mexico.

ADMIRALTY LAW is that which relates to maritime cases, both