crimes committed against its laws, should be tried in the courts of the state. But when cases arise under the laws of the United States, or between different states, or citizens of different states; or when crimes are committed on the ocean, or elsewhere beyond the jurisdiction of a state; it is evident that some other than a state court ought to try such cases. For example, if a person should violate the laws of congress made for the collection of duties on goods imported, he must be prosecuted in a court of the United States. So a murder committed at sea, beyond the limits of a state, is properly tried in a national court. Piracy, which is robbery on the high seas, is always tried in such court. And so the other cases mentioned.

§ 4. The next clause declares, that "the trial of all crimes, except in cases of impeachment, shall be by jury." The importance of the right of trial by jury has been considered. (Chap. XXVI, § 1: XXVII, § 4.) It is required that "the trial be held in the state where the crimes shall have been committed." This is intended to secure the trial of the accused among his friends and acquaintances, and near the residence of his witnesses, whose attendance in a distant state could not be had without great inconvenience and expense, which might deprive him of the benefit of an important witness. It was proper to leave it to congress to direct where the trial should be in cases of crime committed beyond the limits of a state.

§ 5. The lowest national courts are the district courts. Every state constitutes at least one district; a few of the largest states, two each. In each district is a judge, called a district judge, who has power to hold a court. There are also in each district a district attorney to attend to suits on the part of the United States, and a marshal, whose duties in this court are similar to those of a sheriff in a state court. This court has four stated terms a year. It tries certain kinds of civil cases, and the lower crimes against the laws of the United States, committed on land and sea.

§ 6. The circuits embrace larger territories than the districts. There are nine circuits in the United States, ench including several states. In each there is a circuit judge, who holds a court in his circuit twice a year. The judge of the district within which the court is held, sits with the circuit judge in holding a circuit court. Besides certain

kinds of civil causes, this court tries the highest crimes against the laws of the United States; as murder within forts, arsenals, and other territory, the property of the United States, or on the high seas. It also tries some cases of appeal from district courts. In consequence of the late increase of the number of states and of population, an addition to the number of circuits has been proposed, and will probably soon be made.

§ 7. The supreme court consists of all the judges of the circuit courts, one of whom is the chief justice of the supreme court. There are but few causes which originate or commence in this court; its principal business is to rejudge cases that are brought up from the circuit courts. It holds one session annually, at the seat of government, commencing in January or February, and continuing about eight weeks.

§ 8. An important object of a supreme court of the United States, is to secure a correct and uniform interpretation to the constitution and laws of the United States. State laws, and decisions in state courts, are sometimes made which are supposed to be repugnant to the constitution and laws of the United States. And what may be pronounced constitutional by a court in one state, may be declared unconstitutional in another. Therefore, when any act or judgment in a case tried in the highest or last court in a state is deemed inconsistent with the constitution or laws of the United States, such case may be removed by writ of error to the supreme court of the United States, whose decision governs the judgment of all inferior courts throughout the union.

CHAPTER XLIII.

STATE RECORDS; PRIVILEGES OF CITIZENS; FUGITIVES; NEW STATES; POWER OVER TERRITORY; REPUBLICAN GOVERNMENT; AMENDMENTS; ASSUMPTION OF PUBLIC DEBTS; SUPREMACY OF THE CONSTITUTION; OATHS AND TESTS; RATIFICATION.

1. THE constitution requires that "full faith and credit shall be given in each state to the public acts, records and judicial proceedings of every other state," and gives to congress the power to prescribe the manner of proving them, and their effect. (Art. 4, sec. 1.) One object of this provision is to secure justice to judgment creditors in case of the removal of their debtors into other states. A person against whom a judgment has been obtained by due process of law, may remove with his property into another state, where, in consequence of the remoteness of his residence from that of the witnesses, or of the death or removal of material witnesses, he would be beyond the reach of justice by a new trial. Hence is seen the necessity of a provision requiring that the records of the court in which the judgment was had, shall be received in evidence, and have full credit, in every court within the United States.

§ 2. But there are numerous other cases which this provision is designed to meet; and in pursuance of the power here granted, congress has enacted, that a certificate under seal of the clerk of a court of record, may be transmitted to any state in the union; and wherever it shall be received, it shall be deemed evidence of the facts therein stated; provided, that the sealed certificate of the clerk to a judicial proceeding be accompanied by a certificate of the presiding judge or justice, that the attestation of the clerk is in due form. Acts of a state legislature must have the seal of the state affixed to them, in order to be entitled to credit in another state.

§3. "The citizens of each state shall be entitled to all the immunities and privileges of citizens in the several states." (Art. 4, sec. 2.) This means that the citizens of any state going into other states, shall not, by the laws of those states, be deprived of any of the privileges of citizens; or that native.

born or naturalized citizens of any state removing into another, shall be entitled to the privileges which are enjoyed by persons of the same description in the state to which the removal is made. Without such a provision, any state might make laws, denying to citizens of other states coming into it, the right to buy and hold real estate, or to become voters, or to hold office, or to enjoy equal privileges in trade and business. But that provision does not prohibit a state from prescribing a certain term of residence therein as a qualification for voting at elections.

§4. The next clause of this section provides for apprehending "a person charged with crime, who shall flee from jus tice, and be found in another state." The governor of the state from which such person has fled, sends a requisition to the governor of the state in which he is found, demanding his delivery to the proper officers, to be conveyed back for trial. Without such authority to apprehend criminals, the most atrocious crimes might be committed with impunity, as the perpetrators might easily escape justice, by taking shelter in an adjacent state.

person

§5. In the same section it is provided, that a held to service or labor in one state, (meaning a slave,) escaping into another," shall not become free by any law of the state into which he flees, "but shall be delivered up on claim of the party to whom such service or labor may be due." Before the constitution was adopted with this provision, a slave escaping into a non-slaveholding state became free, and could not be reclaimed. The owner of a runaway slave finding him in one of the free states, arrests him and brings him before a magistrate; and if he proves his title to the slave, to the satisfaction of the magistrate, the slave is delivered up to the owner or claimant.

§ 6. "New states may be admitted by the congress into this union; but no new state may be formed or erected within the jurisdiction of any other state; nor may a state be formed by the junction of two or more states, or parts of states, without the consent of the legislatures of the states concerned, as well as of the congress." (Art. 4, sec. 3.) This provision was rendered necessary by the large extent of vacant lands within the United States. The territory north-west of the Ohio river had been ceded to the general government by the states claiming the same; and a ter

ritorial government had already been established therein by the celebrated ordinance of 1787. There was also south of the Ohio river a vast tract, principally unsettled, within the chartered limits of Virginia, North Carolina, and Georgia, extending west to the Mississippi river; from which, it was presumed, new states would be formed. Justice, however, to these states, as well as to others, and in all future time, required the above general provision, that no state should be divided without the consent of its legislature and of congress.

§ 7. In pursuance of the power here given to congress, the following new states have been admitted: Vermont, in 1791. This state had formed a state constitution as early as 1777; but the territory being claimed by New York, congress refused to admit her in to the confederation. In 1790, Vermont paid New York $30,000 to relinquish her claim, and was admitted the next year. Maine, a part of Massachusetts, was admitted in 1820. From the territory south of the Ohio, mentioned in the preceding section, the following: Kentucky was formed from Virginia by consent of her legislature given in 1789. The other southern states subsequently ceded to the general government their western lands, from which were formed Tennessee, Mississippi, and Alabama. From the north-western territory: Ohio, Indiana, Illinois, Michigan, Wisconsin. From the Louisiana territory purchased from France in 1803, Louisi ana, Missouri, Arkansas, Iowa. From the Floridas, ceded by Spain to the United States, by treaty of 1819, the state of Florida. Texas, an independent republic, separated from Mexico, annexed to the union as a state, by resolution of congress. From territory acquired from Mexico, California-in all, eighteen states, admitted since the adoption of the constitution. This number of "new states" will, at no distant day, be largely increased from the vast extent of territory which still remains. Several of the organized territories have formed state constitutions, and are now (1858) ready for admission.

§8. The next clause authorizes congress "to dispose of, and make all needful rules and regulations respecting the territory and other property of the United States." But as titles to portions of the territory were disputed, a proviso was added, that nothing in the constitution should "prejudice any