Elements of Civil Government Part 19

7. What is internal revenue?

8. What was the princ.i.p.al cause of the national debt?

9. How many soldiers, including officers, in the army of the United States?

10. Of what value are the weather reports?

11. Why is it right for the government to grant pensions?

12. Why should a census be taken?

13. What is the population of the United States, and what the population of this State, by the last census?

14. What is meant by conducting a suit before the supreme court?

QUESTION FOR DEBATE.

_Resolved_, That the President and the Vice President should be elected by the popular vote.

CHAPTER XIV.

THE UNITED STATES--(Continued).

JUDICIAL DEPARTMENT.

The judicial department is one of the three great departments of the government, being coordinate with Congress, the legislative power, and with the President, the executive power. The principle of three coordinate departments of government is new, the United States being the first nation that ever embodied it in its const.i.tution.

The judicial system of the United States includes the Supreme Court of the United States, the circuit courts of appeals, district courts, the courts of the District of Columbia, the court of claims, the court of customs appeals, a territorial court for each of the Territories, and several commissioners' courts in each of the States.

JURISDICTION OF UNITED STATES COURTS.--The jurisdiction of United States courts extends to the following cla.s.ses of suits at law:

1. To all cases arising under laws pa.s.sed by Congress.

2. Those affecting ministers, consuls, and other agents of the United States and foreign countries.

3. Suits arising on the high seas.

4. All suits to which the United States is a party.

5. Controversies between a State and the citizens of another State.

6. Cases between citizens of different States.

7. Suits between citizens of the same State claiming lands under grants by different States.

8. Cases between a State or its citizens and a foreign State or its citizens.

It will be seen that all cases at law to which a State is a party must be tried in the courts of the United States. A direct suit can not be brought against the United States except by authority of a special act of Congress; nor can a suit be brought against a State by a citizen of another State, or by one of its own citizens, except by the special permission of its legislature.

SUPREME COURT OF THE UNITED STATES.--The Supreme Court of the United States is the highest judicial tribunal in the country. It consists of the Chief Justice and eight a.s.sociate justices, nominated by the President and confirmed by the Senate. The country is divided into nine circuits, each represented by a Justice of the Supreme Court. The justices hold their offices during life, unless impeached; but they have the privilege of retiring upon full pay, at seventy years of age, provided they have served in the court for ten years. A quorum consists of any six justices, and if a majority agree upon a decision it becomes the decision of the court.

The court holds annual sessions in the Capitol building at Washington, beginning upon the second Monday in October. The annual salary of the Chief Justice is fifteen thousand dollars; that of the a.s.sociate justices is fourteen thousand five hundred dollars each.

The Const.i.tution of the United States creates and names the Supreme Court, and provides that the Judicial power shall be vested in it "and in such inferior courts as the Congress may from time to time ordain and establish."

JURISDICTION.--The Supreme Court has original jurisdiction in all cases affecting ministers, consuls, and other agents of the United States and foreign countries, and in cases to which a State is a party.

Most cases tried by it are brought before it upon appeals from the inferior courts of the United States. They involve chiefly the questions of jurisdiction of the inferior courts, the const.i.tutionality of laws, the validity of treaties, and the sentences in criminal and prize causes. An appeal from a State court can be carried to the Supreme Court only upon the ground that the decision of the State court is in conflict with the Const.i.tution or laws of the United States.

The peculiar province of the Supreme Court is to interpret the Const.i.tution, and in all conflicts between a State and the nation the final decision rests with the Supreme Court of the United States. It may, and does, modify its own judgments; but until it modifies or reverses a decision, it is final, and from it there is no appeal.

Whether its decree be against a private citizen, a State, the Congress, or the President, that decree is "the end of the whole matter," and must be obeyed.

The Supreme Court is more admired and praised by foreign critics than is any other of our inst.i.tutions. It is conceded by all to be one of the strongest and best features in our system of government. In a free country like ours, such a tribunal is necessary to prevent the legislative and executive departments from trespa.s.sing upon the Const.i.tution, and invading the rights of the people. Therefore the Supreme Court of the United States has been appropriately called "the balance-wheel in our system of government."

UNITED STATES CIRCUIT COURTS OF APPEALS.--Each United States circuit embraces several States, and has two or more circuit judges. One justice of the Supreme Court is also a.s.signed to each circuit. There are nine circuit courts of appeals, one for each United States circuit.

All appeals from the district courts must be made to the circuit courts of appeals, except in cases expressly provided by law to be taken direct to the Supreme Court; but provision is also made for appeal from the decision of the circuit courts of appeals to the Supreme Court in certain cla.s.ses of cases.

UNITED STATES DISTRICT COURT.--Each State has one or more United States district courts, each presided over by a district judge. The district court has both civil and criminal jurisdiction in all cases under the national law which are not required to be brought in other courts.

Before 1912 there were so-called "circuit courts" usually held by the district judges, for the trial of certain important kinds of cases; but these were abolished by an act of 1911.

In each State a large majority of the civil and criminal cases must be tried and finally decided in the State courts. However, among the important cases tried in United States courts are those concerning patents, copyrights, and bankruptcy, those involved in the regulation of interstate and foreign commerce, and offenses committed against the postal and revenue laws.

Interstate commerce cases are often in the form of appeals from the orders issued by the interstate commerce commission, fixing the freight and pa.s.senger rates of railroads, etc. Such a case is heard by three judges sitting together, and an appeal from their decision can be taken directly to the Supreme Court.

If the circuit and district judges desire, they may retire upon full pay at the age of seventy, after ten years of consecutive service.

COURT OF CUSTOMS APPEALS.--The customs court consists of a chief judge and four a.s.sociate judges. It decides disputes over the rates of duty payable on imported goods. It holds sessions both at Washington and in other cities.

COURT OF CLAIMS.--The court of claims holds its sessions at Washington, and consists of a chief justice and four a.s.sociate justices. It hears and determines claims against the United States. No one could bring suit against the national government without permission from Congress; but a person having a claim against it may submit the claim to the court of claims for trial, and, if the claim is declared to be legal and just, it is almost always paid by act of Congress.

OTHER COURTS.--The _District of Columbia_ has six supreme court justices and three justices of a court of appeals. Their jurisdiction is similar to that of the United States district courts and circuit courts of appeals, but is confined to the District of Columbia.

_Territorial courts_ consist of a chief justice and two a.s.sociate justices, who hold their offices for a term of four years, unless removed by the President. A territorial court holds its sessions in the Territory for which it is const.i.tuted, and has jurisdiction of cases arising under the laws of Congress and the laws pa.s.sed by the territorial legislature.

Appeals are taken from the courts of the District of Columbia and from the territorial courts to the supreme court of the United States.

A United States commissioner's court consists of a commissioner appointed by the judge of the district court. The chief duties of this court are to arrest and hold for trial persons charged with offenses against the United States, and to a.s.sist in taking testimony for the trial of cases. A judge of a State court or a justice of the peace may act as United States commissioner, but while engaged in such duties he is an officer of the United States, and not of the State.

TERM OF SERVICE.--Justices of circuit courts, district courts, the customs court, the court of claims, the courts of the District of Columbia, and of the territorial courts, are appointed by the President and confirmed by the Senate. The justices of these courts, except of the territorial courts, hold their offices during life, unless impeached. This life tenure of office, and the provision that a salary of a justice shall not be reduced during his term, render the courts of the United States independent of Congress and public opinion, and tend to preserve the purity and dignity of their decisions.

The salary of a judge of the circuit court is seven thousand dollars; that of a judge of a district court is six thousand dollars; that of a judge of the customs court is seven thousand dollars; and that of a justice of the court of claims is six thousand dollars, except the chief justice, who receives six thousand five hundred dollars.

OFFICERS OF COURTS.--The United States district courts have grand juries and trial juries, who perform duties similar to those of juries in State courts. With the consent of the Senate, the President appoints for each district a United States district attorney and a United States marshal.

The _district attorney_ represents the United States in all civil cases to which it is a party, and is the prosecuting officer in criminal cases.