THE JUDICIAL DEPARTMENT. This is the third Branch of the government, as determined by the Constitution, and is of supreme importance and dignity. Its sphere is to interpret the Constitution, to decide controversies, to try offenders and to pronounce sentence on them, to enforce rights, and to keep the whole organism of the government in proper place and proportion. It is attached to the governmental machinery as a Regulator. Without it the other Departments must be the judges of the extent of their own powers; the Constitution would be practically inoperative to prevent inharmonious or mischievious legislation; and the executive would possess the authority to try as well as punish offenses. The officers of this Department of the government are expected to be men of much weight and dignity of character, of wide legal culture, and are selected for, and continued in, office under such circumstances as to guarantee, to a fair extent, the requisite distinction and impartiality. All this we shall see as we proceed to analyze its different branches. These consist of the United States Supreme Court, the Circuit Courts, the District Courts, and the Court of Claims. The local courts in the District of Columbia, and the Territorial Courts, though similar to the State Judiciaries, are connected, by their relations to the General Government, with this Department. The importance of this branch of the government has become more evident as time has passed, and the conflict of parties. has put the whole to test. The acrimonious party spirit of our early post revolutionary history, which continued into Monroe's administration, was, in great part, the result of a want of due confidence in, and respect for, the judiciary. Experience showed that our people were law abiding, and that the Legislative and Executive powers, equally with the people, were willing to submit to the official interpretation of the Constitution, and all ready to join hands to maintain its authority. CHAPTER LVII. THE SUPREME COURT. 1. This is the highest tribunal in the United States. If the whole government be figuratively regarded as an arch this is the "Key Stone of the Arch" without which the whole structure would crumble and fall. In all cases of dispute as to the meaning of the Constitution and the range of powers it confers or implies, it has sovereign power to decide; and from that decision there is no appeal. Its declaration, as to the meaning and application of the Constitution and the body of statutes enacted under it, becomes the law of the land. It is the great bulwark against tyranical use of power, and conflicting enactments, whether by National or State Legislatures. 2. This court has one Chief Justice and eight Associate Justices, all appointed by the President, by and with the advice and consent of the Senate. They are appointed for life, or during good behavior; they may be impeached for bribery or other high crimes, and then removed from office. They may also resign; but if they conduct themselves properly and choose to retain their offices, there is no power by which they can be removed, except the power of death. The Constitution itself makes this provision, in order that the judges may be removed as far as possible from the influence of party politics. It is therefore expected that their decisions will not be biased by party or political considerations; and it may not be amiss. to say that the provisions for keeping the judges of the United States Courts in office for life, meets with almost universal approbation; and has caused many to hope that the States would alter their Constitutions and adopt the same plan; believing it to be the surest way of preserving a pure and Independent Judiciary, on which depend the rights and liberties of every citizen of the commonwealth. 3. This court holds but one term in a year, which commences on the first Monday of December, and sits until it has disposed of the business before it. Its sessions are always held at Washington, the capital of the nation; there it has access. to the Congressional and Law Libraries, and to all the departments and records of the government when necessary. There is a class of causes which may be commenced in this court. In these cases it has original jurisdiction. They are such as affect ambassadors, other public ministers, and consuls, and those in which a State shall be a party. In other cases it has only appellate jurisdiction. The greater part of its business is to hear and determine appeals from inferior courts, mainly from the United States Circuit Courts; and in some instances from the highest State courts. 4. It has not only original, but exclusive jurisdiction in causes where a State is a party, and when proceedings or suits against ambassadors, or other public ministers or their servants, are instituted. Its power to try appeals from lower courts, called appellate jurisdiction, gives it the position of the highest court in the nation. It has power also to restrain or to prohibit proceedings in the United States District Courts, when acting as courts of Admiralty; or in cases of maritime jurisdiction. The judges of this court hold the Circuit Courts, and allot themselves among the judicial circuits. The practice and rules of procedure in this court are very similar to those of the Courts of Chancery and King's Bench, in England. Issues of fact are tried by jury, the same as in other courts. OFFICERS OF THE COURT, 5. The officers of this tribunal are the Judges, the Atto ney General, a clerk, a crier, and a reporter. The three last named are appointed by the court. It is the duty of the Mar shal of the District of Columbia to attend this court, and to serve process issuing from it. An Attorney or Counsellor-at-Law, to be admitted to practice in this court, must have been a practitioner in the Supreme Court of the State where he lives. 6. The following are the names of all the Chief Justices of the Supreme Court of the United States, from its establishment to the present time; with the dates of their appoint ments, and the States from which they were appointed: John Jay, N. Y., Sept. 26, 1789. John Rutledge, S. C., July 1, 1795. Morrison R. Waite, O., Jan. 21, 1874. 7. The following are the names of the Associate Justices with the dates of their appointment and the States from which they were appointed: Joseph Story, Mass., 1811. David Davis, Ill., 1862. William Strong, Pa., 1870. Joseph P. Bradley, N. J., 1870. CHAPTER LVIII. CIRCUIT COURTS. The next in dignity, power, and jurisdiction are the United States Circuit Courts. While the Supreme Court is always held in Washington, these are held in every State at such times and places as special law of Congress directs. These are often changed so as to accommodate both the people in the States and the judges of the Court. As now arranged, the whole Union is divided into nine circuits, each circuit comprising several States, according to the size and population of the |