CHAPTER X.

THE JUDICIAL DEPARTMENT.

ARTICLE III.

We have seen that the first article of the constitution treats of the legislative department, and the second article of the executive department. We now proceed to consider the third article, which relates to the judicial department.

SECTION I. "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. 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."

The principal courts of the United States are: (1) The supreme court.

(2) The circuit court. (3) The district court.

Besides these there are:

(1) Courts of claims, established in 1855.

(2) Supreme court of the District of Columbia. (3) Supreme courts in the territories.

(4) District courts in the territories.

Of these latter it is not necessary here to speak. The supreme court at the present time consists of a chief justice and eight associate justices. These nine

justices correspond to the number of circuits, and one of them is assigned to each circuit. There are nine circuit courts, with nine judges of these courts. Appeals may be taken from the circuit court to the supreme court. These circuit courts are again divided into districts, every state having at least one district court. Some of the larger states are divided into two and three districts.

The salaries of the district judges vary from thirtyfive hundred dollars to five thousand dollars. The judges of the circuit courts receive a salary of six thousand dollars. The associate justices of the supreme court have a salary of ten thousand dollars, and the chief justice of this court receives ten thousand five hundred dollars.

SECTION 2, CLAUSE I. "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 under their authority; to all cases affecting ambassadors, other public ministers, and consuls; to all cases of admiralty and maritime jurisdiction; 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.”

Only certain kinds of cases can be brought before the United States courts. These courts have jurisdiction in the following cases:

(1) All cases in law and equity arising under the constitution, the laws of the United States, and treaties made, or which shall be made, under their authority.

(2) All cases affecting ambassadors, other public ministers, and consuls.

(3) All cases of admiralty and maritime jurisdiction. (4) Controversies to which the United States shall be a party.

(5) Controversies between two or more states.

(6) Controversies between a state and the citizens of another state.

(7) Controversies between citizens of different states. (8) Controversies between citizens of the same state claiming lands under grants of different states.

(9) Controversies between a state, or the citizens thereof, and foreign states, citizens, or subjects.

The judicial power of the United States is here extended (see 6) to controversies between a state and citizens of another state. This clause gave much discussion at the time the constitution was adopted, and the states were unwilling to be subjected to law suits brought by citizens of other states. Accordingly, an amendment to the constitution was proposed, and on the 8th of January, 1798, the president announced to the congress that the amendment had been adopted by three-fourths of the states, and was, therefore, a part of the constitution. This constitutes the eleventh of the amendments, and is as follows: —

"The judicial power of the United States shall not be construed to extend to any suit in law, commenced or prosecuted against one of the United States by citizens of another state, or by citizens or subjects of any foreign state.”

Such cases must be brought before the state courts. 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 becn 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."

A jury consists of twelve men, selected according to law, to determine matters of fact in a legal trial. The right of trial by a jury of one's peers was a right highly esteemed by the people of Great Britain, which they a long time ago compelled their king to yield to them. This right is here made a part of the constitution of our country, and although not yielding all the good fruit which might be desired, yet is considered as one of the guarantees of a fair trial to any one accused of crime.

This clause also provides that all trials for crime shall be held in the state where such crime has been committed.

SECTION 3, CLAUSE I. "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."

This clause defines treason as consisting of only two things,

(1) In levying war against the United States.

(2) In adhering to their enemies, giving them aid and comfort, and it provides that "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."

CLAUSE 2. "The congress shall have the 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."

The terms here used refer to an English custom. The old English law provided certain consequences as to the mode of execution of one who had been convicted of treason. He was to be put to death in a cruel manner, and his conviction involved what was called attainder, and this worked corruption of blood, or forfeiture.

There was no judgment of attainder, but the attainder was incident to the conviction as a matter of course. This attainder, as a natural consequence, was supposed to include corruption of blood, or forfeiture. His property of every kind was forfeited. His children could not inherit property from his ancestors through him. What was termed "corruption of blood" destroyed the power to inherit property.

Our constitution prescribes that the offender himself shall bear the punishment. It shall not descend to his children. There may be forfeiture, but this is rather in the nature of a fine, made at his conviction. This clause does not mean that the forfeiture shall extend only during the life of the person. The forfeiture or fine once made, of course the property or fine goes to the government permanently and not temporarily.