all cases affecting ambassadors, other public ministers, CHAP. 6. and consuls. Of all such suits or judicial proceedings against ambassadors, other public ministers, their domestics, or domestic servants, as are permitted by the laws of nations, this jurisdiction is declared by the judicial act to be exclusive; and of all suits brought by ambassadors, or other public ministers, or in which a consul or vice-consul shall be a party, plaintiff, or defendant, it is declared to be concurrent. But whether these restrictions are warranted by the constitution, and whether the jurisdiction of the supreme court over these cases is not in fact wholly exclusive, is a question resting in doubt. The original jurisdiction of the supreme court being limited by the constitution as interpreted by that court, to these two classes of cases, cannot be extended to others. As an appellate tribunal, the supreme court has cognizance by a writ of error and appeal, of all civil causes whatsoever, decided in the circuit courts of the United States, or in such district courts as are invested with the original jurisdiction of the circuit courts, or in the supreme courts of the territories, provided, as the general rule, the sum or value in dispute exceeds two thousand dollars; but in suits arising under the revenue laws, or the patent, or copyright acts, no such limitation exists with respect to either party. Over the judgments of these courts, in criminal cases, it has no jurisdiction. But in all cases, as well criminal as civil (except such as are brought up by writ of error or appeal from the district court of the same district), questions arising upon the trial or hearing of a case, upon which the judges of the circuit court may happen to PART 1. disagree in opinion, may be certified to the supreme court for decision. This court also possesses appellate jurisdiction, by writ of error, over the final judgments and decrees of the highest court in which a decision could be had, of any state, in every case belonging to either of the three classes of cases described in the 25th section of the judicial act, under the restrictions therein mentioned,' whether the case be civil or criminal, whoever may be the parties, and whatever may be the amount in controversy. Finally, the supreme court has power to issue writs of prohibition to the district courts, when proceeding as courts of admiralty without jurisdiction, writs of mandamus to the district and circuit courts of the United States, but not to the ministerial officers thereof-writs of habeas corpus, to bring up prisoners in jail, when in custody under the authority of the United States, or for trial before some court thereof, in virtue of the process or order of a court whose decisions are subject to the appellate jurisdiction of the supreme court, or when it is necessary to bring them into court to testify; but not when committed for contempt, nor in execution in criminal or civil cases; writs of scire facias, of dedimus potestatem, and all other writs which may be necessary for the exercise of its jurisdiction, and agreeable to principles and usages of law. CHAP. 7. CHAPTER VII. OF THE ORGANIZATION OF THE CIRCUIT COURTS. These courts, substantially as they at present exist, formed a part of the original judicial system of the United States as established by the judicial act of 1789. They were established by congress in virtue of the authority given by the constitution, to constitute other courts inferior to the supreme court. By an act passed February 13, 1801, this system was virtually abolished, and a new one susbtituted. The new system was, however, of short duration, this act having been repealed on the 8th of March, 1802, and the former system expressly revived. The judicial districts of the United States, with some exceptions, are arranged into ten Circuits, as follows: The First Circuit consists of the Districts of Maine, New Hampshire, Massachusetts and Rhode Island.1 The Second, of the Districts of Vermont, Connecticut, and the Northern and Southern Districts of New York.2 The Third, of the District of New Jersey, and the Eastern and Western Districts of Pennsylvania." The Fourth, of the District of Maryland, Delaware, Virginia, and North Carolina.3 The Fifth, of the Districts of South Carolina, Georgia, Alabama, Mississippi, and Florida.3 The Sixth, of the Districts of Louisiana, Texas, Arkansas, Kentucky, and Tennessee,3 2 1 Act of March 30, 1820, ch. 27, § 1: 3 Stat. at Large, p. 554. Act of March 3, 1837, ch. 34, § 1: 5 Stat. at Large, p. 176. * Act of July 15, 1862, ch. 178: 12 Stat. at Large, p. 576. PART 1. In case of the disa bility, &c.. of the The Seventh, of the Districts of Ohio and Michigan.1 The Eighth, of the Districts of Illinois and Indiana.2 The Ninth, of the Districts of Wisconsin, Missouri, Iowa, Kansas, and Minnesota.3 The Tenth, of the Districts of California and Oregon. SECTION II. OF THE JUDGES AND OFFICERS OF THE CIRCUIT COURT. Judges.] The circuit court consists regularly and ordinarily of a justice of supreme court, and the judge of the district court for the district in which the court sits. But the supreme court are authorized, in cases where special circumstances shall, in their judgment, render it necessary, to assign two of the justices to attend.5 By the subsequent act of April 29, 1802, it is enacted that when either the judge of the supreme court or the district judge by whom any circuit ought to be held, shall not attend, such circuit court may be held by the judge attending. Whenever the judge of the supreme court for any circuit, from disability, absence, the accumulation of judge, his business in any circuit court in any district within place may be supplied his circuit, or from his having been of counsel or by the being interested in any cause pending in such circuit court, or from any other cause, shall deem it advisable that the circuit court in such district shall be holden judge of another circuit. 'Act of January 28, 1863, ch. 13: 12 Statutes at Large, p. 637. 9, 1863, ch. 28; id., p. 648. •Act of March 3, 1863, ch. 100: 12 Stat. at Large, p. 794. * Act of March 2, 1793, ch. 22: 1 Stat. at Large, 333. • Ch. 31, § 4: 2 Stat, at Large, 156. by the judge of any other circuit, he may request, in CHAP. 7. writing, the judge of any other circuit to hold the circuit court in such district, during a time to be named in such request; and such request shall be entered on the journal of the circuit court so to be holden. And thereupon it shall be lawful for the judge so requested to hold the court in such district and exercise all the powers of the judge of such circuit within and for such district during the time named in such request. When, by reason of death or resignation, there shall be no judge in any circuit, this request may be made by the chief justice, and shall be operative until such circuit shall be assigned to another judge.1 The language of this enactment seems to be sufficiently comprehensive to embrace the possible contingency of both the judges being interested, &c., in a cause, and may therefore be supposed to have been designed to supersede an earlier act (that of February 28, 1839, ch. 36), providing for this contingency by directing the trial of such cause in the next adjacent circuit. certified cuit court may be sent back. The second section of this act contains the follow- Causes ing provision: "And be it further enacted, that the into a cirjudge of any circuit may order any civil cause certified into any circuit court within his circuit from any court of the United States, to be certified back to the court whence it came; and in such case such cause shall be proceeded in by such court, in all respects as if the same had not been certified from it: Provided, That if from any cause it shall be improper that the judge of such court should try any cause so certified back, the same shall be tried by some other judge holding such court, pursuant to the provisions of this act." I am not aware of any authority to certify 'Act of March 3, 1863, ch. 93: 12 Stat. at Large, p. 768. |