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are such as usually devolve on the presiding officer of legislative bodies. He is to preside over the deliberations of the Senate, enforce the rules of order, maintain due decorum among the members, and decide all questions of parliamentary practice. He submits all motions duly made to the Senate, puts to vote all questions brought forward for discussion and decision, and makes known the result. He does not, however, like the Speaker of the House, appoint the standing committees. For the Vice-President is not a member of the Senate; but is president ex officio only.

§ 2. Whenever the Vice-President succeeds to the Presidency, or becomes acting President, he performs all the duties of that officer as though he were originally elected to that office. Doubts have been entertained by persons entitled to great confidence, that the acting President who reaches that office through the Vice-Presidency is in fact President. But Congress has uniformly recognized the Executive, in such cases, as President to all intents and purposes; making no distinction whatever between him and a President originally elected as such by the people. In the articles of impeachment presented against Andrew Johnson, he was described as President of the United States; and the committee expressly stated that they had thoroughly and critically discussed the propriety of this description of his official title. So it may be regarded as settled by the highest authority, that a Vice-President becoming acting President is President in fact.

CHAPTER XIV.

JUDICIAL DEPARTMENT.

ART. I.- WHERE VESTED.

The judicial power of the United States shall be vested,

1. In one Supreme Court; and,

2. In such inferior courts as Congress may from time to time ordain and establish. 65.

§ 1. "To establish justice" was one of the principal objects to be attained by the formation of the Constitution. This has no ref

erence to the State judiciaries, but to the creation of a national judicial tribunal. Under the Confederation, there was no national judicial department. The dispensation of justice through the State courts was capricious and uncertain. They were influenced by local interests, and therefore their decisions were various and conflicting.

§ 2. The Constitutional Convention was unanimously in favor of establishing a Supreme Court, although at first there was some diversity of opinion on the propriety of the plan of including inferior tribunals. But, after thorough and exhaustive discussion, the proposition received the unanimous approval of the Convention.

§ 3. The establishment of inferior tribunals would seem to result necessarily from the establishment of a Supreme Court. Recourse could not be had to the Supreme Court in all cases which might properly be subjects of Federal adjudication. It would be out of the power of any single court to dispose of the immense amount of business that would be sure to demand their attention. Without inferior tribunals easy of access, the sanctuary of justice would be closed to the great majority of American citizens. Under the authority to establish inferior tribunals, each State or district can have a Federal court or courts of its own, competent to the adjudication of all matters of Federal jurisdiction within its limits.

§ 4. The judges of the Supreme Court at present are one chief justice, and eight associate justices, any six of whom constitute a quorum. Ever since the organization of this court, 1789, there has been one chief justice. But the number of associate justices has been varied by Act of Congress. At first the number was five. March 3, 1837, it was extended to eight, — March 3, 1863, to nine, April 10, 1869, it was reduced to eight. This court holds one term a year in the city of Washington, beginning the first Monday of December.

§ 5. The United States are divided for judicial purposes, into nine circuits, and these circuits into districts. Each judge of the Supreme Court is allotted to a circuit, and is required to attend at least one term of the circuit allotted to him once in every two years. A local circuit judge is also appointed for every

circuit.

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The first includes Rhode Island, Massachusetts, New Hamp shire, and Maine.

The second:

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- Vermont, Connecticut, and New York.

The third: — Pennsylvania, New Jersey, and Delaware.

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The fourth: Maryland, Virginia, West Virginia, North Care lina, and South Carolina.

The fifth-Georgia, Florida, Alabama, Mississippi, Louisiana and Texas.

The sixth-Ohio, Michigan, Kentucky, and Tennessee.

The seventh- Indiana, Illinois, and Wisconsin.

The eighth- Nebraska, Minnesota, Iowa, Missouri, Kansas, Colorado, and Arkansas.

The ninth:

California, Oregon, and Nevada. By Act of Congress, passed April 10, 1869:

When any judge of any court of the United States resigns his office, after having held his commission as such at least ten years, and having reached seventy years of age, during his service, he shall, during the residue of his natural life, receive the same salary which was by law payable to him at the time of his resignation. This is a franchise which is not extended to any other class of civil officers under the government of the United States. Analogous cases are quite common, however, under several of the governments in Europe.

§ 7. As already stated, in addition to the Supreme Court, Congress has established nine circuit courts; being one circuit for each of the judges of the Supreme Court. The circuit courts are “inferior courts" in the Constitutional sense, and are established by Congress, although the presiding judge of each circuit is also a judge of the Supreme Court. There are several districts in each circuit, each having a district court, over which the district judge presides.

§ 8. There is also a Supreme Court in the District of Columbia, having a chief justice and three associate justices. The AttorneyGeneral appears in the Supreme Court of the United States, in

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behalf of the government, to protect its interests. United-States district attorney appointed for each district in which circuit and district courts are held, to attend, in behalf of the United States, to all business in court that concerns the govern

ment.

§ 9. Each court has a clerk, appointed by the presiding judge; also a marshal, appointed by the President with the concurrence of the Senate. The marshal is the ministerial officer of the court, serving its writs, precepts, and executing its orders, and transacting such business and performing such duties as usually devolve on the sheriff in State courts.

Then there are four classes of Federal courts:

1st. The Supreme Court of the United States, established by the Constitution, but organized by Congress.

2d. The circuit courts of the United States, established and organized by Congress.

3d. The district courts of the United States, established and organized by Congress.

4th. The Supreme Court of the District of Columbia, also established and organized by Congress.

ART. II.- JUDGES.

1. How APPOINTED.

By the President of the United States, by and with the advice and consent of the Senate. 61.

2. OATH OF OFFICE.

The judges shall swear or affirm that they will support the Constitution of the United States. 81.

3. TENURE OF OFFICE.

The judges of the Supreme and inferior courts shall hold their offices during good behavior. 65.

4. HOW REMOVABLE.

They shall be removed on impeachment for and convic tion of treason, bribery, and other high crimes and misdemeanors. 64.

5. SALARY.

The judges shall, at stated times, receive for their services a compensation, which shall not be diminished during their continuance in office. 65.

§ 1. The mode of appointing the judges has been noticed in treating of the executive powers. The power is expressly given to the President in the Constitution, by and with the advice and consent of the Senate, to appoint the judges of the Supreme Court; but nothing is said therein about the method of appointing the judges of the inferior courts. There is no question, however, with regard to the judges of the circuit courts; for they are judges of the Supreme Court also.

§ 2. But whether the judges of the district courts, and the Supreme Court of the District of Columbia, are inferior officers in the Constitutional sense, so that Congress may provide for their appointment, has never been settled by adjudication. But, thus far, the uniform practice has been to regard them not as inferior officers; but their appointments have been made by the President, with the concurrence of the Senate, the same as judges of the Supreme Court. The oath of office of all Federal judicial officers is the same as that of officers of the other departments of govern

ment.

§ 3. There are several reasons why the tenure of office of the judges should be made permanent and secure, depending only on their good behavior.

1st. That they may be independent and fearless in the discharge of their responsible duties, it is necessary that they should hold by the will of no man, or set of men. They must feel dependent on no earthly power for their continuance in office. After appointment, were they in any manner dependent on executive, legislative, or popular favor, the scales of justice might be doubtfully balanced, and confidence in the judiciary would be seriously disturbed.

2d. This independence could hardly be expected from judges who hold their offices by a temporary tenure. Periodical appointments, however regulated, or by whomsoever made, would,

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