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erence to the State judiciaries, but to the creaticn 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 quorurn. 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
A local circuit judge is also appointed for every circuit.
The circuits are constituted as follows:
The first includes Rhode Island, Massachusetts, New Hamps shire, and Maine.
The second : - Vermont, Connecticut, and New York.
The fourth: - Maryland, Virginia, West Virginia, North Caro lina, and South Carolina.
The fifth :- Georgia, Florida, Alabama, Mississippi, Louisiana and Texas.
The sixth :— Ohio, Michigan, Kentucky, and Tennessee.
The eighth :- Nebraska, Minnesota, Iowa, Missouri, Kansas, Colorado, and Arkansas.
The ninth : - California, Oregon, and Nevada.
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
behalf of the government, to protect its interests. There is also a 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 organ
ized 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 estab
lished 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.
The judges shall, at stated times, receive for their ser
vices 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 ühe 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 government.
§ 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,
in some way or other, be fatal to their necessary independ
3d. If the power of making them were committed either to the
executive or legislature, there would be danger of an improper complaisance to the branch which possessed it; if to both, there would be an unwillingness to hazard the displeasure of either ; if to the people, there would be too great a disposition to consult popularity, to justify a reliance that nothing would be consulted but the Constitution and the
laws. 1 $ 4. The subject of removal of Federal officers by impeachment has been fully considered in other places in this work. of the Supreme and inferior courts are subject to removal for impeachable offenses.
§ 5. Provision is wisely made, that, as the judge's salary is at the time he enters on the duties of his office, so it shall continue to be throughout his official existence, unless Congress shall see fit to increase it.
In other words, it can not be diminished. To allow the legislative authority to diminish the salaries of the judges would be w give that authority control over their support; and to control their zupport is to control their will.
The salary of the chief justice is $10,500 a year; that of the associate justices is $10,000 each. In the circuit which includes California and Oregon, the associate justice has $1,000 a year allowed in addition to his salary, for traveling expenses.
ART. III. - JURISDICTION.
1st. Under the Constitution of the United States;
under their authority. 66, § 1. By judicial power, as here used, we are to understand the
1 Federalist, No. 78.