27. THE FEDERAL COURTS. The constitution establishes only the supreme court of the United States and makes it the duty of congress, according to the changing necessities of the times, to create and organize such inferior courts as it shall see proper. To be eligible for appointment to the office of justice in the United States archives of this department the original records of the laws, of all resolutions of congress, etc., are preserved. The publication of the laws (in three newspapers), and the proclamation of an adoption of an amendment to the constitution, are among the secretary of state's functions. The fact deserves especial mention, that he is legally bound to present congress annually with a concise report of the changes made by other countries in their commercial and domestic policies. He has as aids a first and second assistant secretary of state, who are appointed by the president, subject to the consent of the senate.

The treasury department more than any of the others was from the beginning brought into a legal relation with congress, independent of the president. And as to this department it was admitted from the beginning that congress, in its legislation, could not do without executive co-operation. The very act of organization of September 2, 1789, provides: "That it shall be the duty of the secretary of the treasury to digest and prepare plans for the improvement and management of the revenue, and for the support of the public credit, to make report, and give information, to either branch of the legislature in person or in writing (as he may be required) respecting all matters referred to him by the senate or house of representatives or which shall appertain to his office." Stats. at Large, I., 65, 66. An act of May 10, 1800, further provides: "That it shall be the duty of the secretary of the treasury to digest, prepare and lay before congress, at the commencement of every session, a report on the subject of finance, containing estimates of the public revenue and public expenditures, and plans for improving or increasing the revenues, from time to time, for the purpose of giving information to congress in adopting modes of raising the money requisite to meet the public expenditures." Ibid., II., 79, 80. Among the reports which the secretary must annually lay before congress are particularly to be mentioned those prepared by the bureau of statistics "on the statistics of commerce and navigation" (act of February 10, 1820, Ibid., III., 541), and “ upon the condition of the agriculture, manufactures, domestic trade, currency and

supreme court requires no particular qualifications, according to the constitution. It provides only that the members of the supreme court shall be appointed by the president, with the advice and consent of the senate. In regard to the other federal judges, this is not expressly required, but the fact that congress has not reckoned. banks of the several states and territories" (June 15, 1844, Ibid., V., 719), and a summary of the exports and imports of the past fiscal year (July 1 to June 30).' Every three months a report of the expenditures and revenue, and once a month a report of the condition of the treasury during the last week of the month, must be published (June 17, 1844, Ibid., V., 696). The accounts are examined by six auditors, above whom two comptrollers are placed in charge. The moneys are received and paid out by the treasurer. Payments are made on vouchers of the treasurer, countersigned by a comptroller and entered by the registrar. A commissioner of customs has charge of the revenue arising from custom duties. The system of internal taxation is managed by a commissioner of internal revenue. Among the other officials of the department, the director of the mint and the comptroller of the currency may be mentioned.

The most important officers of the war department are the adjutant-general, quartermaster-general, paymaster-general, commissarygeneral, surgeon-general, judge-advocate-general, chief of engineers and chief of ordnance. It is odd that the signal service also (chief signal officer) is placed under the war department, although its main object is to give information by telegram and by signals, for the benefit of agricultural and commercial interests, of the approach and force of storms, by means of observations taken at fixed meteorological stations.

The department of justice consists of an attorney-general, solicitorgeneral, two assistant-attorneys-general, solicitor of the treasury, solicitor of internal revenue, naval solicitor, and an examiner of claims for the state department. In the separate judicial districts, legal matters are attended to by a district attorney. The executive officers are called marshals. ("The marshals and their deputies shall have, in each state, the same powers, in executing the laws of the United States, as the sheriffs and their deputies in such state may have, by law, in executing the laws thereof." Rev. Stat., sec. 788.) In respect to the postoffice department, it need only be said that on account of the great number of postmasters necessarily appointed,

them among the "inferior officers," the appointment of which it may commit "to the president alone, to the courts, or to the heads of departments," is unquestionably in harmony with the intent of the constitution. This appears, too, from the fact that none of the federal judges, without exception, according to the constitution, can be removed from office during good behavior.1 The the department, under the "spoils” principle, has reached a commanding importance in party politics, with which, so far as its legitimate duties are concerned, it should have no connection.

The navy department is divided into eight "bureaus:" yards and docks; navigation (combined with a "hydrographic office"); ordnance; provisions and clothing; medicine and surgery; equipment and recruiting; construction and repair; and steam engineering. The heads of the bureaus must be chosen from particular ranks of the officers of the navy.

The duties of the interior department are the most extensive and comprise the most different objects: (1) census; (2) public lands: (3) Indian affairs; (4) patents; (5) bureau of education; (6) the geological surveys; (7) pensions, a branch which, since the civil war, and particularly of late years, has attained vast importance by reason of sweeping legislation; in the fiscal year 1883-84, $55,429,228 were paid out for pensions, more than one dollar per capita of the population: (8) preservation and distribution of the government's publications.

The business of the department of agriculture is “to acquire and diffuse among the people of the United States useful information on subjects connected with agriculture in the most general and comprehensive sense of that word, and to procure, propagate and distribute among the people new and valuable seeds and plants." Rev. Stat., sec. 520. See W. Elmes, Executive Departments of the U. S. Government, Washington, 1879.

1 Territorial judges are not federal judges within the meaning of article III., section 1. Although the inferior federal courts within the states are first created by law, they are nevertheless "constitutional" courts, i. e., they are made by this article co-bearers of the judicial power of the United States. The territorial courts, on the other hand, are legislative," i. e., they were created by congress, not by virtue of this constitutional provision, but by virtue of its own general legislative power over the territories. American Insurance Co. vs. Canter, Peters, I., 546. I know of no judicial decision

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constitution does not fix the number of members of the United States supreme court. The great act of September 24, 1789, which filled in the outline drawn by the constitution on this subject, provided that it should be composed of one chief justice and five associate justices. By the act of April 29, 1802, a sixth associate justice was created, and an act of March 3, 1837, increased their number to the present figure of eight. To decide a case six justices must be present. The act of 1789 created thirteen district courts with one judge each and three circuit courts. The latter form the courts of first appeal. Their organization has been modified in the course of years. There are now nine circuits. One is assigned to each justice of the supreme court. its own circuit judge, and finally every district judge, within certain limitations, can exercise the office of circuit judge. Each one of these judges may, alone or in common with one of the two other judges, hold circuit court, and therefore in different parts of the same district there may be held simultaneously different circuit courts.

Every circuit has, besides,

as to whether the removal of a federal judge by abolishing his office is constitutional. During the presidency of Jefferson, congress claimed this right, and some of the states have adopted the same course in regard to irremovable judges.

1 It seems doubtful whether an attempt will be made to allay the increasing clamor concerning the extraordinary over-burdening of the supreme court, by a further increase of the number of associate justices. Manifold attempts have been made to find a good way out of the present wretched state of things, but more or less weighty objections have hitherto been made to each plan proposed.

2 The term of the supreme court does not correspond with the calendar year. Its commencement has been repeatedly changed. By act of July 23, 1866, it was fixed for the second Monday in October. Originally the court was required to hold two sessions a year. This provision was repealed by act of April 29, 1802. These facts should be considered if mistakes in the year of a judicial decision are to be avoided.

3 Act of April 10, 1869.

The number of district judges has increased to one hundred and sixteen. By act of February 24, 1855, the court of claims was created.1

RIGHTS, PRIVILEGES AND LIMITATIONS OF THE FEDERAL POWERS AND OF THE SEPARATE MEMBERS THEREOF.

$ 28. CONGRESS. The constitution expressly grants to both houses of congress the autonomy which in all constitutional states is deemed a necessary prerequisite of legislative bodies. Before all, "each house shall be the judge [of the validity] of the elections, returns and qualifications of its own members" (art. I., sec. 5, § 1). It

1The organization of the court of claims was altered by act of March 3, 1863. It is at present composed of a chief justice and four associate judges, but only two are necessary to decide a case. The court sits in Washington. The annual session begins on the first Monday in December and continues till the cases before the court are disposed of. The following two provisions contain the most essential features in regard to its authority: It is empowered "to hear and determine all claims founded upon any law of congress, or upon any regulation of an executive department, or upon any contract, expressed or implied, with the government of the United States, and all claims which may be referred to it by either house of congress," and "all set-offs, counter-claims for damages, whether liquidated or unliquidated, or other demands whatsoever, on the part of the government of the United States against any person making claim against the government in said court." Although the court must in all these cases 'decide," yet it has been claimed in the house of representatives that congress could set aside these decisions, inasmuch as it could refuse to make appropriations to pay the judgments against the United States. The house adopted the motion of Washburne, of Illinois, who supported this claim, but, neither from the motion itself, nor from the brief debates, does it appear whether the house pledged itself to this undoubtedly untenable view. See Cong. Globe, 2d sess. 38th Cong., 306. Appeals from the court of claims go to the supreme court. See W. A. Richardson, History, Jurisdiction and Practice of the Court of Claims, Washington, 1882.

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2 The "returns" or "certificates of election" are regarded as