Government of the United States bound to pro- LECTURE VI. tect them as such?" Status of naturalized citizens who native land. To this Mr. Fish answered: "In the other reside permacase an American, whose name is withheld, has nently in their lived with his family forty years in France, has reared his children there, has never proposed to return to the United States, and his children. have never been to the United States, and never expect to go, and never want to go." And to the inquiries in both cases the Secretary said: "In each of these cases there is a presumption of a purpose of expatriation so strong that, until it can be rebutted to your satisfaction, you will be justified in concluding that the persons respectively are not entitled to your intervention to protect them against the operation of the laws of the country which they have selected as the place of their residence."1 The political department of the Government Rulings of the has made some rulings on this subject since the political departnegotiation of the treaties, which deserve notice. The treaty with North Germany calls for an uninterrupted residence of five years in the United States before the naturalized citizen is entitled to the immunities guaranteed by it. It is held that the recital in the record of the naturalization proceedings that the applicant had resided continuously in this country for more than five years does not conclude the United States as to that fact.2 A similar decision has been made as to the treaty with Austria.3 1 Foreign Relations, 1873, vol. 1, pp. 249, 260, 261. 21 Treaties and Conventions (ed. 1889) p. 1264. 3 Ib. p. 1265. ments. LECTURE VI. Rulings of the political depart ments. Cases arise, from time to time, where persons who, by the laws of the United States, are declared to be citizens of the United States, are also, by the law of some other country, held to allegiance in that country. In this class may be included persons born out of the limits and jurisdiction of the United States, whose fathers were, at the time of their birth, citizens of the United States. Such a case being submitted to Attorney General Hoar, that officer held that it was not competent for the United States to interfere with the rights of a foreign nation to the government and control of persons claimed to be its subjects, so long as they were residing in such foreign country.1 Any one desiring to see the condition of the statutes and laws of the various powers in regard to this interesting subject will find it discussed at length in Calvo.2 1 13 Opinions Attorney General, 89. VII. THE JUDICIAL POWER OF THE UNITED STATES.1 ARTICLE III, SECTION 1. The judicial Power of LECTURE VII. the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behavior, and shall, at stated Times, receive for their Services, a Compensation, which shall not be diminished during their Continuance in Office. - SECTION 2. The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority; -to all Cases affecting Ambassadors, other public Ministers, and Consuls;-to all Cases of admiralty and maritime Jurisdiction; to Controversies to which the United States shall be a Party;-to Controversies between two or more States; - between a State and Citizens of another State;- between Citizens of different States, between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or subjects. In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original Jurisdiction. In all the other Cases before mentioned, the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make. 1 This is Lecture VI of the lectures delivered before the classes of the University Law School. LECTURE VII. Judicial power. The Trial of all Crimes, except in Cases of Impeachment, shall be by Jury; and such Trial shall be held in the State where the said Crimes shall have been committed; but when not committed within any State, the Trial shall be at such Place or Places as the Congress may by Law have directed. SECTION 3. Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. 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. The Congress shall have Power to declare the Punishment of Treason, but no Attainder of Treason shall work Corruption of Blood, or Forfeiture except during the Life of the Person attainted. ARTICLE VII OF THE AMENDMENTS. In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law. ARTICLE XI OF THE AMENDMENTS. The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State. I HAVE before alluded to the division which the Constitution makes of the powers to be exercised by the National Government into three departments: the legislative, executive, and judicial. That in which students of law will probably be most interested in having an exposition of its powers is the latter, to which attention will now be directed.1 My text, after the manner of the clergy, is 1 Courts of justice have been described as an institution framed for the purpose of putting an end to the practice of private war. Without the instrumentality of judicial tribunals, society would be a prey to perpetual civil dissensions. the third of the three main articles of the Con- LECTURE VII. stitution, into which it is divided, the first being Judicial power. devoted to the legislative, the second to the executive, and the third to the judicial; following which are some provisions establishing private rights, concerning the two Houses of Congress, and several amendments touching other subjects. Article Third reads as follows: The "Sec. 1. The judicial power of the United States shall be vested in one Supreme Court, and in such inferior courts as the Congress may from time to time ordain and establish. judges, both of the Supreme and inferior courts, shall hold their offices during good behavior, and shall, at stated times, receive for their services a compensation, which shall not be diminished during their continuance in office. "Sec. 2. The judicial power shall extend to all cases, in law and equity, arising under this Constitution, the laws of the United States, and treaties made, or which shall be made, under their authority; to all cases affecting ambassadors, other public ministers, and consuls; to all cases of admiralty and maritime jurisdiction; to controversies to which the United States shall be a party; to controversies between two or more States; between a State and citizens of another State; between citizens of different States; between citizens of the same State claiming lands under grants of different States, and between a State, or the citizens thereof, and foreign States, citizens, or subjects. "In all cases affecting ambassadors, other pub-. |