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2d. In controversies to which the United States shall be

a party;

3d. Between citizens of different States;

4th. Between citizens of the same State claiming lands under grants of different States.

§ 15. What is meant by appellate jurisdiction has already been explained. By cases of admiralty and maritime jurisdiction, reference is had to the power to try and determine, on appeal, all causes originating on the high seas, or on rivers, ports, or harbors communicating with the sea, and out of the reach of ordinary courts of justice. Admiralty causes must arise wholly on the sea or on waters immediately communicating with the sea, and not within the jurisdiction of any country. On the high seas, all nations claim a common right and a common jurisdiction; and therefore causes originating there should come exclusively under the jurisdiction of the national courts. They can not be brought, however, in the first instance, into the Supreme Court of the United States, but may be appealed into that court after having been commenced and tried by a district court of the United States, which, by a law of Congress, is an admiralty court.

§ 16. The subjects for adjudication which properly come into courts of admiralty are, captures in war made on the high seas, captures in foreign ports and harbors, captures made on land by naval forces, and captures made in the rivers, ports, and harbors of the captor's own country. If an American commissioned with letters of marque and reprisal shall make captures as aforesaid, it is his duty to bring them into the court for adjudication. If the court shall decide that the things in controversy were lawfully captured, and according to the usages of war and law of nations, they are awarded to the captors. If the decision is that they were un lawfully seized, they will be awarded by the court to the owners with damages for detention.

The

§ 17. The ordinary admiralty and maritime jurisdiction also embraces all civil and criminal cases of a maritime nature. district courts of the United States, however, as courts of admiralty and maritime jurisdiction, are limited to the trial of crimes

and offenses for which but moderate punishment is inflicted.

The

graver and higher crimes are referred to the circuit courts as courts of admiralty.

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§ 18. Controversies in which the United States shall be a party are to be adjudicated in the Federal courts. Cases in which the whole people are interested should not be left to the decision of a State court. The United States must bring suit, however, in the first instance, in the inferior courts, that is, in the district or circuit courts, and can not reach the Supreme Court except by appeal. § 19. Unless this power were given to the United States, the enforcement of all their rights, powers, contracts, and privileges, in their sovereign capacity, would be at the mercy of the States. They must be enforced, if at all, in the State tribunals; and there would not only not be any compulsory power over those courts to perform such functions, but there would not be any means of producing uniformity in their decisions.1

§ 20. By act of Congress, a citizen of one State may bring suit against a citizen of another in the circuit court of the United States in civil matters, provided the matter in controversy exceeds five hundred dollars exclusive of costs. An alien may sue or be sued in this court also for the same amount. And these courts have original jurisdiction also in matters relating to the United-States revenue and to copyrights, being cases that arise under the laws of the United States. In all these cases, the Supreme Court has appellate jurisdiction only.

An appeal may be taken from the district court to the circuit court, and from the circuit to the Supreme Court, under certain restrictions and limitations.

§ 21. Controversies between citizens of the same State, claiming lands under grants of different States, must be adjudicated in the United-States courts. State courts can not be supposed to be unbiased in cases of this nature. Claims to lands under grants of different States, founded on adverse pretensions of boundary, would almost forbid the possibility of judicial fairness, candor, and impartiality on the part of the State courts of either granting State. The

1 Story on Const., § 1,674.

State laws may have even prejudged the question, and tied the courts down to decisions in favor of the grants of the State to which they belonged. And, where this has not been done, it would be nat ural that the judges, as men, should feel a strong predilection for the claims of their own government.1 And, at all events, the providing of a tribunal, having no possible interest on the one side more than the other, would have a most salutary tendency in quieting the jealousies and disarming the resentments of the State whose grant should be held invalid.2

§ 22. The following is a list of the Chief Justices of the United States from the establishment of the Supreme Court in 1789 to 1868, with the dates of appointment :

JOHN JAY, New York, Sept. 26, 1789. Resigned.

JOHN RUTLEDGE, South Carolina, July 1, 1795. Mr. Rutledge was appointed during the recess of the Senate, presided over the Supreme Court one term, was nominated Dec. 10, 1795, and rejected by the Senate.

Declined.

Resigned.

WILLIAM CUSHING, Massachusetts, Jan. 27, 1796.
OLIVER ELLSWORTH, Connecticut, March 4, 1796.
JOHN JAY, New York, re-appointment, Dec. 19, 1800. Declined.
JOHN MARSHALL, Virginia, Jan. 31, 1801. Died July 6, 1835.
ROGER B. TANEY, Maryland, March 15, 1836. Died 1864.
SALMON P. CHASE, Ohio, Dec. 6, 1864. Died May 7, 1873.
MORRISON R. WAITE, Jan. 21, 1874. Died March 23, 1888.
MELVILLE W. FULLER, April 30, 1888.

CHAPTER XV.

ART. I.-PRESIDENTS OF THE UNITED STATES.

1. GEORGE WASHINGTON, of Virginia, inaugurated April 30, 1789. Term expired March 4, 1793. Re-elected. Second inauguration, March 4, 1793.

JOHN ADAMS, of Massachusetts, entered on the duties of his office as Vice-President, and President of the Senate, April 21, 1789, but did not take the oath of office until June 3, 1789. Re-elected. Took the oath of office, Dec. 2, 1793.

1 Federalist, No. 80.

2 Story on Const., § 1,696.

2. JOHN ADAMS, of Massachusetts, inaugurated President of the United States, March 4, 1797.

THOMAS JEFFERSON, of Virginia, took the oath of office as VicePresident, March 4, 1797.

3. THOMAS JEFFERSON, of Virginia, inaugurated President of the United States, March 4, 1801.

AARON BURR, of New York, took the oath of office as Vice-President, March 4, 1801.

THOMAS JEFFERSON re-elected. Inaugurated March 4, 1805.

GEORGE CLINTON, of New York, took the oath of office as VicePresident, March 4, 1805.

4. JAMES MADISON, of Virginia, inaugurated President, March 4, 1809. GEORGE CLINTON took oath of office as Vice-President, March 4, 1809. JAMES MADISON re-elected. Inaugurated March 4, 1813.

ELBRIDGE GERRY, of Massachusetts, took the oath of office as VicePresident. Entered on the duties of President of Senate, May 24, 1813. 5. JAMES MONROE, of Virginia, inaugurated President, March 4, 1817. DANIEL D. TOMPKINS, of New York, took the oath of office as VicePresident, March 4, 1817.

JAMES MONROE re-elected President, and DANIEL D. TOMPKINS as Vice-President, from March 4, 1821.

6. JOHN QUINCY ADAMS, of Massachusetts, son of the second President of the United States, inaugurated President, March 4, 1825.

JOHN C. CALHOUN, of South Carolina, took the oath of office as VicePresident, March 4, 1825.

7. ANDREW JACKSON, of Tennessee, inaugurated President, March 4, 1829.

JOHN C. CALHOUN, of South Carolina, took the oath of office as VicePresident, March 4, 1829.

ANDREW JACKSON re-elected. Inaugurated March 4, 1833.

MARTIN VAN BUREN, of New York, took the oath of office as VicePresident, March 4, 1833.

8. MARTIN VAN BUREN, of New York, inaugurated President, March 4, 1837.

RICHARD M. JOHNSON, of Kentucky, took the oath of office as VicePresident, March 4, 1837. The only Vice-President of the United States ever elected by the Senate.

9. WILLIAM HENRY HARRISON, of Ohio, inaugurated President, March 4, 1841.

JOHN TYLER, of Virginia, took the oath of office as Vice-President, March 4, 1841.

President Harrison died April 4, 1841. JOHN TYLER took the oath of office as President of the United States, April 6, 1841.

10. JAMES KNOX POLK, of Tennessee, inaugurated President, March 4, 1845. GEORGE MIFFLIN DALLAS, of Pennsylvania, inaugurated and took the oath of office as Vice-President, March 4, 1845.

11. ZACHARY TAYLOR, of Louisiana, inaugurated President, March 5, 1849. MILLARD FILLMORE, of New York, took the oath of office as Vice-President, March 5, 1849.

President Taylor died July 9, 1850; having been in office one year, four months, and five days. MILLARD FILLMORE took the oath of office as President of the United States, July 10, 1850.

12. FRANKLIN PIERCE, of New Hampshire, inaugurated President, March 4, 1853. WILLIAM R. KING, of Alabama, took the oath of office as Vice-President, March 4, 1853. Died April 18, 1853.

13. JAMES BUCHANAN, of Pennsylvania, inaugurated President, March 4, 1857. JOHN C. BRECKINRIDGE, of Kentucky, took the oath of office as Vice-President, March 4, 1857.

14. ABRAHAM LINCOLN, of Illinois, inaugurated President, March 4, 1861. HANNIBAL HAMLIN, of Maine, took the oath of office as VicePresident, March 4, 1861.

ABRAHAM LINCOLN re-elected. Second inauguration, March 4,1865. ANDREW JOHNSON, of Tennessee, took the oath of office as VicePresident, March 4, 1865.

ABRAHAM LINCOLN assassinated April 14, 1865, and died the next morning, April 15. ANDREW JOHNSON took the oath of office as President of the United States, April 15, 1865.

15. ULYSSES S. GRANT, of Illinois, inaugurated President, March 4, 1869. SCHUYLER COLFAX, of Indiana, took the oath of office as VicePresident, March 4, 1869.

ULYSSES S. GRANT re-elected. Second inauguration, March 4, 1873. HENRY WILSON, of Massachusetts, took the oath of office as VicePresident, March 4, 1873. Died November 22, 1875.

16. RUTHERFORD B. HAYES, of Ohio, inaugurated President, March 5, 1877. WILLIAM A. WHEELER, of New York, took the oath of office as Vice-President, March 5, 1877.

17. JAMES A. GARFIELD, of Ohio, inaugurated President, March 4, 1881. CHESTER A. ARTHUR, of New York, took the oath of office as Vice-President, March 4, 1881.

JAMES A. GARFIELD, assassinated, July 2d, 1881, and died September 19, 1881. CHESTER A. ARTHUR took the oath of office as President, September 20, 1881.

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