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§ 521. The above clause, it will be seen, extends the judicial power of the United States to controversies between a State and citizens of another State. Shortly after the adoption of the Constitution, there was much discussion whether this included suits by an individual against a State, as well as suits by a State against an individual, The Supreme Court decided that both classes of suits were equally included within the language of the Constitution.

§ 522. The States were dissatisfied with this construction of the Constitution; they were unwilling to be subjected to lawsuits by the citizens of other States, deeming it an attribute of their sovereignty as States, that they could not be sued without their consent. Accordingly an amendment to the Constitution in this respect, was proposed by the third Congress, to the legislatures of the States, and on the 8th of January, 1798, President Adams communicated to Congress, by message, that the amendment had been adopted by three-fourths of the States, and it then became a part of the Constitution.

$523. The amendment constitutes the eleventh in the series of amendments, and is as follows:—

"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."

§ 521. It provides that the judicial power of the United States shall not extend to any suit in law or equity prosecuted against one of the United States by citizens of another State, or by citizens or subjects of a foreign State.

The prohibition applies only to citizens or subjects, and does not extend to suits by a State, or by a foreign State, against one of the United States. Such suits may be

maintained.

[Clause 2.] "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."

§ 525. In some of the cases enumerated in the preceding clause, as in those affecting ambassadors, other public ministers, and consuls, and those in which a State shall be a party, the Supreme Court has original jurisdiction, by which, as we have seen, is meant that those cases may originally, or in the first instance, be brought in the Su preme Court.

§ 526. In all the other cases, the Supreme Court has appellate jurisdiction, by which is meant, that those cases must first be brought in the Circuit Court, District Court, or such other inferior court as Congress shall establish, and may then be carried up to the Supreme Court, in order to have the judgment of the inferior court reversed if it be erroneous. But the judgment of a Circuit Court cannot be brought into the Supreme Court to be examined and reversed or affirmed, unless the matter in dispute exceeds two thousand dollars, exclusive of costs.

§ 527. A final judgment or decree in any suit in the highest court of a State, may, by act of Congress, be

brought up to the Supreme Court of the United States, only in three cases:

(1.) Where the validity of a treaty, or statute of, or authority exercised under the United States, was drawn in question in the State Court, and the decision was against its validity.

(2.) Where the validity of any State authority was drawn in question, on the ground of its being contrary to the Constitution, treaties, or laws of the United States, and the decision was in favour of its validity.

(3.) Where the construction of any clause of the Constitution, or of a treaty or statute of, or commission held under the United States, was drawn in question, and the decision was against the title or right claimed under the authority of the United States.

§ 528. By an act approved February 24, 1855, Congress established a court, called the Court of Claims, consisting of three judges, appointed by the President with the advice and consent of the Senate, to hold their office during good behaviour. It is the duty of this court to hear and determine all claims founded upon any law of Congress, or upon any regulation of an executive department, or upon any contract express or implied, with the government of the United States, which may be suggested to it by a petition filed therein; and also all claims which may be referred to the court by either House of Congress. An officer, called the Solicitor for the United States, is appointed by the President, with the advice and consent of the Senate, to represent the government before the court.

§ 529. It is the duty of this court to examine all the claims presented to it, to take testimony in reference thereto, to pronounce judgment either for or against the claim, and to keep a record of its proceedings. At tho

commencement of each session of Congress, and at the commencement of each month during the session of Congress, the court is to report to Congress the cases upon which they shall have finally acted, stating in each the material facts which they find established by the evidence, with their opinion in the case, and the reasons upon which such opinion is founded; and where the court have determined favourably upon a claim, they, together with the testimony in each case, are to present, along with their report, a bill, which, if enacted by Congress, will carry the decision of the court into effect. The reports of the court, and the proposed bills are then acted upon by Congress when presented, or continued to the following session, and so from Congress to Congress, until finally disposed of.

§ 530. If the report of the court is adverse to the claim, and that decision is confirmed by Congress, such decision. is conclusive, and the court cannot at any subsequent period consider those claims, unless such reasons are presented, as by the rules of law, in suits between individuals, would be sufficient ground for granting a new trial.

[Clause 3.] "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."

§ 531. Impeachments, as we have seen, are tried by the Senate; but the trial of all other crimes is to be by jury. A jury is a body of men selected according to law, for the purpose of inquiring into, and deciding some matter of fact. The jury intended by this clause, consists of twelve citizens,

duly qualified by law to serve on juries, selected and sworn to decide questions of fact submittted to them in a court of justice. The decision which they render is called a verdict.

§ 532. The provision that all trials for crimes shall be held in the State where such crimes shall have been committed, is intended to prevent the accused person from being exposed to the expense and danger of a trial at a distance from his residence, or at a place where he might not be able to procure the attendance of his witnesses.

§ 533. If the crime was not committed within a State, as, for instance, on the high seas, Congress may by law direct where the trial shall take place. Such crimes have been directed to be tried in the Circuit or the District courts.

SECTION. 3. [Clause 1.]"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.

§ 534. The Constitution here declares that treason against the United States shall consist only in two things, namely:

(1.) In levying war against the United States.

(2.) In adhering to their enemies, giving them aid and

comfort.

§ 535. Levying war is the assembling of a body of men to effect by force a treasonable object. A mere conspiracy or agreement to levy war, does not amount to levying war; there must be an actual assembling of men for a treason

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