almost necessarily belongs to the Court of dernier resort in any government. In common with the other Courts of the United States, it has power to issue writs of habeas corpus, scire facias, and other writs necessary for the exercise of its jurisdiction, and to relieve from imprisonment by habeas corpus, persons unjustly detained under color of the authority of the United States.1 Whenever there is a difference of opinion in the Circuit Court between the judges, the point upon which the disagreement happens shall, during the same term, upon the request of either party, be stated under the direction of the judges, and certified to the Supreme Court at their next session thereafter, and shall be finally decided by the Supreme Court.2 SECT. II. CIRCUIT COURTS OF THE UNITED STATES. There are seven circuits in the United States, corresponding to the number of judges in the Supreme Court. These circuits are subdivided into districts. In each district, two circuit courts are holden annually, by one of the judges of the Supreme Court, and the district judge of the district. This court may also be holden by two judges of the Supreme Court, or in case of the absence or disability of the district judge, by one judge only of the Supreme Court.3 These circuits do not, however, include all the States. Several of those more recently admitted into the union are not annexed to any circuit, but in these, the judges of the district courts residing within them, perform the duties of circuit judges. 1Stat. U. S. 1789. ch. 20. s. 13, 14. 2 Stat. U. S. 1802. ch. 31. s. 6. 3 Stat. U. S. 1802. ch. 31. s. 4; Stat. U. S. 1807. ch. 71. 1. Original. It is provided by statute, “that the Circuit Courts shall have original cognizance, concurrent with the courts of the several states, of all suits of a civil nature, at common law or in equity, where the matter in dispute exceeds, exclusive of costs, the sum or value of five hundred dollars, and the United States are plaintiffs or petitioners; or an alien is a party; or the suit is between a citizen of the state where the suit is brought, and a citizen of another state." But no Circuit Court "shall have cognizance of any suit to recover the contents of any promissory note, or other chose in action, in favor of an assignee, unless a suit might have been prosecuted in such court, to recover the said contents, if no assignment had been made, except in cases of foreign bills of exchange." 1 1 This power has been enlarged by a subsequent statute, by which the Circuit Court, concurrently with the District Court of the United States, and the courts and magistrates of the several states, is vested with jurisdiction of all suits at common law, where the United States, or any officer thereof, under the authority of any act of congress, shall sue, although the debt, claim, or other matter in dispute, shall not amount to one hundred dollars.2 All crimes and offences cognizable under the authority of the United States, belong to the jurisdiction of the Circuit Courts,-those above the degree of ordinary misdemeanors, exclusively, others concurrently with the District Courts.3 1 Stat. U. S. 1789. ch. 20. s. 11. Stat. U. S. 1815. ch. 253. s. 4. 3 Stat. U. S. 1789. ch. 20. s. 11 & 9. The Circuit Court has original jurisdiction of suits for forfeitures relating to copyrights, patents, &c.' This court, concurrently with the District Courts, has cognizance of forfeitures incurred under the acts prohibiting the slave trade;2 of penalties under the act regulating the number of passengers to be carried in passenger ships; and of suits on assigned debentures;* and concurrently with the state courts, of all actions in which the United States Bank are plaintiffs or defendants.5 2. Appellate. The Circuit Court has appellate jurisdiction from all final decrees and judgments in the District Court, where the matter in dispute, exclusive of costs, exceeds the sum of fifty dollars. When the judge of any District Court is disabled from interest, or any other cause to try a case pending in that court, it may be removed for trial to the Circuit Court." Any suit commenced in a state court, of which the Circuit Court has concurrent jurisdiction, may be removed from such state court to the Circuit Court by the defendant, upon motion to be made at the time of entering his appearance, and upon his giving security for entering the action &c, according to the provisions of the statute. 8 1 Stat. U. S. 1800. ch. 25. s. 3. 63. Ib. 1807. ch. 77. 3 Stat. U. S. 1819. ch. 170. s. 1. 4 Stat. U. S. 1799. ch. 128. s. 80. Stat. U. S. 1816. ch. 44. s. 7. Ib. 1819. ch. 143. Ib. 1800. ch. 51. s. 5. Ib. 1803. ch. Stat. U. S. 1789. ch. 20. s. 22. Ib. 1803. ch. 93. s. 2. Ib. 1815. ch. 253. s. 2. 7 Stat. U. S. 1792. ch. 36. s. 11. Ib. 1809. ch. 94. s. 1. Ib. 1821. ch. 189. 8 Stat. U. S. 1789. ch. 20. s. 12. Ib. 1815. ch. 184. s. 8. Ib. 1815, ch. 246. s. 6. Ib. 1817. ch. 283. s. 2. This motion must be in writing; and ought to shew good cause for the removal, or the motion will be overruled. If allowed, this allowance will not be binding upon the Circuit Court, but the action will be retained or dismissed, according to the facts in the case, without reference to the courts below.1 In all actions commenced in the Circuit Court, the citizenship of the parties, or the alienage of one of them, or any other circumstance necessary to give it jurisdiction, must be set forth by positive averment, and if there is not a sufficient allegation upon the record for that purpose, the suit will not be sustained. This is upon the ground of its being a court of limited and special jurisdiction.2 If in a suit by a citizen of one state against a citizen of another, the defendant wishes to remove the cause into the Circuit Court, his petition must allege that he is a citizen of the other state. It is not sufficient to say that he is resident there.3 In a case of an appeal claimed under the act of 1789, before referred to, where the construction of a statute of the United States was drawn in question, the Supreme Court held that to sustain the appeal, it was not sufficient that the construction of the statute was drawn in question, and that the decision was against the party, but that his title must depend upon the statute.* 1Stat. U. S. 1789. ch. 20. s. 25. 1 Dunlap's Pract. 230. Redmond V. Russell. 12 Johns. Rep. 153. 2 Bingham v. Cabot, et al. 3 Dallas' Rep. 19,382. Turner v. Enrille, 4 Dallas' Rep. 7. Turner v. Bank of North America, 4 Dallas' Rep. 8. Montalet v. Murray, 4 Cranch. Rep. 46. Hodgson et al. v. Bowerbank et als. 5 Cranch. Rep. 303. Sullivan v. The Fulton Steam Boat Company, 6 Wheat. Rep. 450. 3 Corp v. Vermilye, 3 Johns. Rep. 145. * Williams v. Norris, 12 Wheat. Rep. 117. SECT. III. DISTRICT COURTS OF THE UNITED STATES. The number of District Courts in the United States is thirty-one, seven of the larger states having two and the other states one each. These courts are holden by a single judge, who holds annually four stated terms; they have exclusive jurisdiction of all minor offences against the United States, committed within their respective districts, and upon the high seas, which are punishable by fine not exceeding one hundred dollars, or six months imprisonment.1 District Courts also have exclusive cognizance of all civil causes of admiralty and maritime jurisdiction, including all seizures under laws of imposts, navigation or trade, of the United States, where the seizures are made on waters navigable from the sea, by vessels of ten or more tons burthen, within their respective districts, as well as upon the high seas; saving to suitors, in all cases, the right of a common law remedy, where the common law is competent to give it.2 District Courts, also, have exclusive original cognizance of all seizures on land, or other waters than as aforesaid, made, and of all suits for penalties and forfeitures incurred, under the laws of the United States. They also have cognizance concurrent with the courts of the several states, or the Circuit Courts, as the case may be, of all causes where an alien sues for a tort only in violation of the law of nations, or a treaty of the United States; and of all suits at common law, where the United 'Stat. U. S. 1789. ch. 20. s. 9. 2 Stat. U.S. 1789. ch. 20. s. 9. |