Слике страница
PDF
ePub

whom is the judicial power of the United States vested? How many judges compose the supreme court? Ans. A chief justice and six associate justices, any four of whom make a quorum. From whom did the supreme court receive its present organization? Ans. From congress. The constitution only declares that there shall be such a court, and leaves the establishment of it to congress. How many terms in a year does the supreme court hold? Ans. One. Where and when does it sit? Ans. It sits at the seat of government; its session commences the second Monday in January. What inferior courts have been established by congress? Ans. Circuit courts. and district courts. How many circuit courts are there? Ans. Seven; the United States are divided into seven circuits. How many district courts? Ans. Thirty-three; the

United States are divided into this number of districts. Who compose the district courts} Ans. One judge in each district, appointed expressly to that office. Who compose the circuit courts? Ans. A judge of the su preme court and the judge of the district in which the court is held. How often are the circuit courts held? Ans. Twice a year in

every district. How often are the district courts held? Ans. Four times a year statedly, and as many more times as the district judge thinks proper. How long do the judges of the United States courts hold their offices? What is the object of this rule? Ans. To render the judges independent in the discharge of their high duties, it is necessary that they should not be influenced by any fear of remo. val. Why may not the compensation of the judges be diminished during their continuance in office? Ans. For a reason similar to the one given in reply to the last question. "A control over a man's living is a control over his actions."

Remark. It is provided in the constitution that the salary of the president of the United States shall neither be increased nor diminish. ed, during the time of his continuance in office. The compensation of the judges cannot be diminished. The reason of the difference between the two cases, is to be found in the dif ferent duration of the offices. The president's office continues only four years. No great change in the value of the compensation could take place in that time. The judges hold their offices during good behavior. This peri

od might be thirty forty or more years. With. in that time money might greatly depreciate in value, that is, the same nominal sum might command a much less amount of the necessaries and conveniences of life.

SEC. 2. To what cases does the judicial power of the United States extend? What is meant by cases in equity? Ans. They are cases arising from fraud, accident, trust, and hardship which the law on account of its inability to regard all the particular circumstances of every case, is unable to reach.

Remark. Equity is not in its nature something essentially different from law; its object is to supply the deficiencies of the law, and to carry it out in its true spirit.

What is meant by cases arising under this constitution? Ans. Cases which depend on the interpretation of any of the rules of the constitution. What are cases of admiralty and maritime jurisdiction? Ans. As a gen

eral definition, they are cases arising on the high seas. Is there any difference between cases of admiralty and cases of maritime jurisdiction? Ans. The words "of maritime jurisdiction," seem to have been added as more extensive in their signification, including, per

haps, some cases which could not be termed cases of admiralty.

of

Remark. It is very plain that the power interpreting the constitution and the laws of the United States should belong to courts of the United States. If it were vested in the state courts, the laws of the states would in all probability soon obtain an ascendancy over the constitution and court of the United States. Besides, the decisions of twenty-four or more different tribunals would introduce such confusion into the interpretation of the laws of the United States, that they would become in operation a medley of incongruities and absurdities. Cases affecting foreign na tions and different states are properly entrusted to the courts of the United States, since the United States government is charged with the regulation of intercourse with other nations, and with the preservation of domestic peace.

In what cases has the supreme court original jurisdiction? What is meant by original jurisdiction? Ans. A power to try the case in the first instance, that is, before it has been tried by any other court. In what cases has the supreme court appellate jurisdiction? What

is appellate jurisdiction? Ans. Power to try cases on appeal from some inferior court?

In what manner is it declared that all crimes except in cases of impeachment shall be tried? What is the reason of this rule? Ans. The trial by jury is one of the great bulwarks of our liberty.

Remark. Where the consent of twelve men, chosen from the body of the people, for the occasion, to whom the accused has a right to object and to require others to be put in their stead, is necessary to convict of a crime, there is little danger that the trial will not be impartial. The persons and lives of the people, are too important to be in any case, made dependent on the opinion or will of a single judge. Judges are appointed by the govern ment; what danger there is that they may be sometimes appointed to oppress the people, and to subserve tyrannical purposes, some exam. ples in English history sufficiently show. Twelve individuals chosen in the manner of juries are much less accessible to bribery and to influence, than judges known beforehand. The effect of constant trials upon the minds of judge, is necessarily unfavorable to sentiments of humanity. A jury not conversant with

« ПретходнаНастави »