§ 517. The organization of the judiciary was provided for by the act of 24th of September, 1789. By this act were constituted the supreme court, and courts of inferior grade, called circuit courts, and district courts. The supreme court consisted of a chief justice, and six associate justices. The number of the latter has been recently increased to eight. This court holds annually, at the city of Washington, one session, commencing on the second Monday of January. The session usually continues about eight weeks.

518. The United States are divided into nine circuits, in each of which two courts are held annually. The nine judges of the supreme court are so located as to bring one of them in each of the several circuits. A circuit court is composed of the judge of the supreme court residing within his circuit, and the judge of the United States' district court of the district in which such circuit court shall be held.

§ 519. This court tries causes between citizens of different states, between aliens and citizens, and those wherein the United States are a party. It also tries some cases in appeal from the district courts. It tries matters relating to affairs on the high seas. It tries all felonies punishable with death, as piracies, murders in forts and arsenals, and other territory ceded by the states to the general government for national uses, and on board ships of war in time of peace, and when not within the body of a county, or within a harbor. It has a grand jury and a petit jury.

§ 520. District courts are the lowest national courts in the United States. Every state constitutes at least one district, and some of the largest states, two. In each of these is a district judge, who has jurisdiction in cases arising under the laws made for the collection of duties; and in cases of penalties and forfeitures under the laws of the United States; and of crimes of inferior grade against the laws of the United States, committed on land and sea. In every district there is a district attorney, who institutes suits for

in effect between a writ of error and appeal? § 517. When was the judiciary organized? How is the supreme court constituted? § 518. How are the circuit courts constituted? § 519. What is their jurisdiction? § 520. How are the district courts constituted? What is

the United States, and conducts prosecutions and trials on indictment and there is a marshal of the district whose duties are similar to those of a sheriff. These courts hold annually four stated terms. This court has, in some cases,

a jury.

The salary of the chief justice of the supreme court is $5,000; of the associate judges, $4,500 each.

66

§ 521. "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 been com"mitted but when not committed within any state, the "trial shall be at such place or places as the congress may by law have directed.”—Art. 3, sec. 2, cl. 3.

66

522. The importance of the institution of trial by jury as a safeguard to liberty, the manner in which juries are constituted, and their agency in trials, have been stated. (§ 120-125.) The right of trial by jury was esteemed by the colonists as one of the most valuable privileges enjoyed under the British constitution; and the infringement of this right constituted one of the grievances enumerated in the declaration of independence, which were alleged to justify the revolution. As might have been expected, therefore, the framers of the constitution failed not to secure this invaluable privilege, by express provision.

§ 523. The silence of the above clause in respect to civil cases, was by some supposed to imply that this right was secured only in cases of crime. Therefore, to place the question beyond cavil or doubt, an amendment was subse. quently added to the constitution, which expressly guaranties the right in all civil suits, when the value in controversy shall exceed twenty dollars.

§ 524. It is also provided that the trial shall be held in the state in which the crime shall have been committed. This is intended to secure the trial of the accused among his friends and acquaintances; for it is not to be supposed

their jurisdiction? What are the salaries of the judges of the supreme court? 521. What provision does the constitution make concerning the trial of all crimes? § 522. How did the colonists regard the right of trial by jury? § 523. Is this right enjoyed in cases of crime only? § 524. Why must the trial be in the state in which the crime was committed?

that strangers will feel an equal concern in his case. Also, the inconvenience and expense of attending trial in a distant place, might deprive him of the benefit of an important witness. As crimes may be committed in territories beyond the limits of a state, or upon the high seas, it is necessary that congress should have power to provide for the trial in such cases.

CHAPTER XXVI.

Treason.

525. "TREASON against the United States, shall con"sist 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."-Art. 3, sec. 3, cl. 1.

66

§ 526. A general proneness to construe crimes of a less aggravated character into acts of treason, rendered it proper that the constitution should define the crime. The term, "levying war," is adopted from the English statute of treasons, and has that sense in the constitution which it was understood to have in the English statute. An assemblage of men for a treasonable purpose, such as war against the government, or a revolution of any of its territories, and in a condition to make such war, constitutes a levying of

war.

§ 527. War can be levied only by the employment of force; troops must be embodied; men must be openly raised; but neither arms nor the actual application of force to the object, are indispensably requisite. To march in arms with a force marshalled and arrayed, committing acts of violence, in order to compel the resignation of a

§ 525. In what does treason consist? What is necessary to convict of treason? § 526. Why is the constitution made to define treason? What is levying war? § 527. How only can war be

public officer, thereby to render ineffective an act of congress, is high treason. When war is levied, all who per. form a part, however remote from the scene of action, being leagued in the conspiracy, commit treason. If one advise or command an overt act of treason, he is guilty accessorily. A mere conspiracy to levy war is not treason. A secret, unarmed meeting of conspirators, not in force, nor in warlike form, though met for a treasonable purpose, is not treason; but these offences are high misdemeanors. § 528. The constitution, with equal propriety, prescribes the proof requisite for conviction of treason. No evidence less than the testimony of two credible witnesses ought to be deemed sufficient to convict of a crime which deprives a person of life.

529. "The congress shall have power to declare the 66 punishment of treason; but no attainder of treason shall "work corruption of blood, or forfeiture, except during the "life of the offender."-Art. 3, sec. 3, cl. 2.

§ 530. Congress, in pursuance of the power here granted, has declared the punishment of treason to be death by hang. ing; thus abolishing the barbarous modes of punishment, and cruel tortures, which were in former ages inflicted upon persons convicted of this crime.

§ 531. Attainder literally signifies a staining, or corruption. It here means a judgment or sentence against an offender. Corruption of blood by the common law of England, signifies the loss of inheritable qualities. A person attainted of felony, forfeits his estate; and he can neither inherit lands from his ancestors, nor transmit them to his heirs. This practice, so unreasonable, and so unjust to the innocent relatives of an offender, has been abolished by the constitution; and congress, in the exercise of its constitutional power, has declared, that "no conviction or judgment shall work corruption of blood, or any forfeiture of estate;" so that the forfeiture may be omitted, even during the life of the offender.

levied? What else does treason comprehend? ? 529. What prohi bition is laid upon the punishment of treason? § 530. What punishment has congress designated? § 531. What is attainder? Corrup tion of blood? Is this practised in the United States?

CHAPTER XXVII.

Effect of State Records-Privileges of Citizens-Arrest of Fugitives-Admission of States-Disposal of Public Property-Guaranty of Republican Government, &c., to the States.

§ 532. "FULL faith and credit shall be given in each state "to the public acts, records, and judicial proceedings of every other state. And the congress may, by general laws, pre"scribe the manner in which such acts, records, and proceedings shall be proved, and the effect thereof.”—Art. 4, sec. 1.

§ 533. This clause is intended to secure justice to persons in cases of removal into other states. A person, against whom a judgment may have been obtained by due process of law, might remove with his property into another state, where, in consequence of the remoteness of his residence, or the death or removal of material witnesses, he would be placed beyond the reach of justice by a new trial. It was ne cessary, therefore, that the records of the court in which the judgment was had, should be received in evidence, and have full credit in every court within the United States. A certificate under seal of the clerk of a court of record, may be transmitted to any state in the union; wherever the same shall be received, it shall be deemed evidence of the facts therein stated.

§ 534. "The citizens of each state shall be entitled to all privileges and immunities of citizens in the several states." -Art. 4, sec. 2, cl. 1.

§ 535. This clause prohibits the states from enacting laws bestowing upon their own native citizens political and civil privileges which could not be enjoyed by those who were the natives of other states: or laws which should give privileges to citizens of some states in preference to those of other states. It does not, however, prohibit a state from enacting

$532, 533. Why is the provision necessary, concerning the effect of public records in other states? § 534, 535. What is the object of the clause securing to the citizens of one state the privileges of citizens