§ 6. The first circuit consists of Maine, New Hampshire, Massachusetts, and Rhode Island. The associate justice is Nathan Clifford of Portland, Me., who was appointed in 1858.

The second consists of New York, Vermont, and Connecticut. Associate justice, Samuel Nelson of Cooperstown, N.Y.; appointed in 1845.

The third consists of New Jersey and Pennsylvania. Associate justice, Robert C. Grier of Philadelphia; appointed in 1846.

The fourth consists of Delaware, Maryland, Virginia, West Virginia, and North Carolina. Chief justice, Salmon P. Chase of Ohio; appointed in 1864.

The fifth consists of South Carolina, Georgia, Florida, Alabama, and Mississippi. Associate justice, James M. Wayne, Savannah, Ga.; appointed 1835.

The sixth circuit consists of Louisiana, Texas, Arkansas, Kentucky, and Tennessee. Associate justice, Noah M. Swayne, Columbus, O.; appointed in 1862.

The seventh consists of Ohio and Michigan. Associate justice, David Davis of Bloomington, Ill.; appointed in 1862.

The eighth consists of Illinois and Indiana. Associate justice, Samuel F. Miller of Keokuk, Io. ; appointed in 1862.

The ninth consists of Wisconsin, Minnesota, Iowa, Missouri, and Kansas. Associate justice, Stephen T. Field of California. The tenth consists of California and Oregon. Associate justice,

§ 7. As already stated, in addition to the Supreme Court, Congress has established ten circuit courts; being one circuit for each of the judges of the Supreme Court. The circuit courts are "inferior courts" in the Constitutional sense, and are established by Congress, although the presiding judge of each circuit is also a judge of the Supreme Court. There are several districts in each circuit, each having a district court, over which the district judge presides.

§ 8. There is also a Supreme Court in the District of Columbia, having a chief justice and three associate justices. The AttorneyGeneral appears in the Supreme Court of the United States, in

behalf of the government, to protect its interests. There is also a United-States district attorney appointed for each district in which circuit and district courts are held, to attend, in behalf of the United States, to all business in court that concerns the govern

ment.

§ 9. Each court has a clerk, appointed by the presiding judge; also a marshal, appointed by the President with the concurrence of the Senate. The marshal is the ministerial officer of the court, serving its writs, precepts, and executing its orders, and transacting such business and performing such duties as usually devolve on the sheriff in State courts.

Then there are four classes of Federal courts: 1st. The Supreme Court of the United States, established by the Constitution, but organized by Congress.

2d. The circuit courts of the United States, established and organized by Congress.

3d. The district courts of the United States, established and organized by Congress.

4th. The Supreme Court of the District of Columbia, also established and organized by Congress.

1. How APPOINTED.

ART. II.-JUDGES.

By the President of the United States, by and with the advice and consent of the Senate. 61.

2. OATH OF OFFICE.

The judges shall swear or affirm that they will support the Constitution of the United States. 81.

3. TENURE OF OFFICE.

The judges of the Supreme and inferior courts shall hold their offices during good behavior. 65.

4. How REMOVABLE.

They shall be removed on impeachment for and conviction of treason, bribery, and other high crimes and misdemeanors. 64.

5. SALARY.

The judges shall, at stated times, receive for their services a compensation, which shall not be diminished during their continuance in office. 65.

§ 1. The mode of appointing the judges has been noticed in treating of the executive powers. The power is expressly given to the President in the Constitution, by and with the advice and consent of the Senate, to appoint the judges of the Supreme Court; but nothing is said therein about the method of appointing the judges of the inferior courts. There is no question, however, with regard to the judges of the circuit courts; for they are judges of the Supreme Court also.

§ 2. But whether the judges of the district courts, and the Supreme Court of the District of Columbia, are inferior officers in the Constitutional sense, so that Congress may provide for their appointment, has never been settled by adjudication. But, thus far, the uniform practice has been to regard them not as inferior officers; but their appointments have been made by the President, with the concurrence of the Senate, the same as judges of the Supreme Court. The oath of office of all Federal judicial officers is the same as that of officers of the other departments of govern

ment.

§ 3. There are several reasons why the tenure of office of the judges should be made permanent and secure, depending only on their good behavior.

1st. That they may be independent and fearless in the discharge of their responsible duties, it is necessary that they should hold by the will of no man, or set of men. They must feel dependent on no earthly power for their continuance in office. After appointment, were they in any manner dependent on executive, legislative, or popular favor, the scales of justice might be doubtfully balanced, and confidence in the judiciary would be seriously disturbed.

2d. This independence could hardly he expected from judges who hold their offices by a temporary tenure.

Periodical appoint

ments, however regulated, or by whomsoever made, would,

in some way or other, be fatal to their necessary independ

ence.

3d. If the power of making them were committed either to the executive or legislature, there would be danger of an improper complaisance to the branch which possessed it; if to both, there would be an unwillingness to hazard the displeasure of either; if to the people, there would be too great a disposition to consult popularity, to justify a reliance that nothing would be consulted but the Constitution and the laws.1

§ 4. The subject of removal of Federal officers by impeachment has been fully considered in other places in this work. The judges of the Supreme and inferior courts are subject to removal for impeachable offenses.

§ 5. Provision is wisely made, that, as the judge's salary is at the time he enters on the duties of his office, so it shall continue to be throughout his official existence, unless Congress shall see fit to increase it. In other words, it can not be diminished. To allow the legislative authority to diminish the salaries of the judges would be to give that authority control over their support; and to control their support is to control their will.

The salary of the chief justice is $6,500 a year; that of the associate justices is $6,000 each. In the tenth circuit, constituted of California and Oregon, the associate justice has $1,000 a year allowed in addition to his salary, for traveling-expenses.

1. LIMITATION.

ART. III.-JURISDICTION.

The judicial power of the United States shall extend to all cases of law and equity arising,

1st. Under the Constitution of the United States;

2d.

Under the laws of the United States; and,

3d. To treaties made, or which shall be made,

under their authority. 66.

§ 1. By judicial power, as here used, we are to understand the

1 Federalist, No. 78.

power of the national courts in the administration of justice. The word "power" refers to jurisdiction, or the authority of the court, over causes which must include the subject-matter as well as the parties concerned.

The subject-matter of a cause in court is the thing or question to be decided the parties are the persons or corporations legally interested in the decision of the court on the subject-matter.

§ 2. The word "law" is generally understood, as defined by lawwriters, to be the supreme power of the State, through its legislature, commanding what is right, and prohibiting what is wrong. The word "equity," as applied to judicial proceedings, does not mean contrary to law; but it reaches cases to which the law can not be applied by reason of its universality. The object of equity jurisprudence is to supply the deficiencies of the courts of law, and to render the administration of justice more complete, by affording relief where the courts of law, in consequence of imperfections of their machinery or of their too rigid adherence to peculiar forms, are incompetent to give it, or to give it with effect.1

§ 3. The judicial power of the United States extends to all cases of law and equity arising under the Constitution and laws thereof, and to treaties made under their authority. But there are two kinds of jurisdiction, original and appellate. Original jurisdiction is jurisdiction of a cause from its beginning. If a party can begin his suit in the circuit court, for instance, we say the circuit court has original jurisdiction in the case. If he can not bring his case into that court until it has been first tried in some lower court, then we say the circuit court has appellate jurisdiction. Some kinds of causes can be commenced in either of two different courts. Such courts,

in such cases, are said to be courts of concurrent jurisdiction; that is, either court has jurisdiction of such a cause. If there is but one court in which a case can be brought, that court is said to have exclusive jurisdiction. The Supreme Court of the United States has original or appellate jurisdiction in all cases arising under the Constitution and laws of the United States, and under treaties, as aforesaid.

1 Blackstone.