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that nothing therein contained should be construed to deprive the state courts of jurisdiction under the laws of the several states of offences made cognizable therein, were strictly constitutional and proper.

In no case can the circuit or district courts exercise jurisdiction, unless it be so provided by congress. The judicial part of the Constitution, except so far as relates to the supreme court, must be set in motion by congress. It is, therefore, proper to show to what extent the power has been exercised by congress, observing at the same time that nothing prevents them from extending the jurisdiction of those or other courts which they may hereafter ordain and establish, provided they do not exceed the limits of the Constitution.

The original jurisdiction of the circuit court now extends to suits in which the United States are plaintiffs or petitioners, to suits between citizens of different states and those in which an alien is a party, to suits relative to patents granted under the authority of the United States, and to suits brought by or against the Bank of the United States.

In criminal cases the circuit court has original jurisdiction of all crimes and offences cognizable under the authority of the United States, except, as we have seen, proceedings against ambassadors and other public ministers or their domestics, which, whenever a court of law can exercise a jurisdiction consistently with the law of nations, are reserved for the supreme court.

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The original jurisdiction of the district court in civil cases includes all causes of admiralty and maritime jurisdiction; seizures under laws of impost, navigation or trade of the United States, made on waters navigable from the sea by vessels of ten or more tons burthen, within their respective districts or on the high seas; seizures on land, or other waters than aforesaid; penalties and forfeitures; suits brought by an alien for a tort only in violation of the laws of nations, or a treaty of the United

States; suits at common law where the United States sue, and the matter in dispute amounts, exclusive of costs, to one hundred dollars; suits against consuls or vice consuls.

In criminal cases, cognizance is given to the district courts of all crimes and offences cognizable under the authority of the United States, committed within their respective districts, or on the high seas, when whipping not exceeding thirty stripes, a fine not exceeding one hundred dollars, or a term of imprisonment not exceeding six months is to be inflicted,* and with this qualification it may sustain prosecutions against consuls or vice consuls.

In respect to the latter, it deserves notice, that this legislative provision subjecting them in certain supposed cases to the jurisdiction of the lowest court in the Union, is somewhat at variance with the high rank that they are placed in by the Constitution. It cannot, however, be said to be inconsistent with the Constitution itself, which in respect to all the jurisdiction of the supreme court contains nothing exclusive of the inferior courts of the United States, yet the entire omission of this clause, which, qualified as it is, is really inoperative, would have better harmonized with the principles manifestly kept in view by the Constitution.

* This part of the criminal jurisdiction of the district court is as yet a dead letter. There is no crime or offence against the United States, for which a punishment within the limits above mentioned is prescribed. It cannot be understood that prosecutions for offences punishable by the acts of congress in a more severe manner, can be sustained with a view to the judgment of the court being reduced within these limits.

CHAPTER XXVI.

REMOVAL FROM STATE COURTS.

OTHER parts of the judicial power are by acts of congress provided for as follows:

If a suit be commenced in a state court against an alien, or by a citizen of the state in which a suit is brought against a citizen of another state; the defendant may have the benefit of the unbiassed judicatures of the United States, by removing the suit into the circuit court of the same district, provided it be done immediately, for the complainant ought not to suffer by the hesitation or delay of his opponent-but if the alien or citizen of another state has commenced the suit, he cannot afterwards remove it, for he is bound by his own election, nor can the defendant remove it, for he is not to be apprehensive of the injustice of the courts of his own state.

If there is a controversy in a state court respecting the title to land between two citizens of the same state, and either party shall make it appear to the court, that he claims and shall rely upon a right under a grant from a state other than that in which the suit is pending, and the other party claims under a grant from the last, mentioned state, the party claiming under the grant first mentioned, whether plaintiff or defendant, may remove the suit to the circuit court for the same district,

but neither party so removing the cause, shall be allowed to plead or give evidence on the trial in the circuit court of any other title than that by him so stated as the ground of his claim. This is perfectly consistent with the principle, that in all controversies the most impartial tribunal that can be formed, shall be selected, and the propriety of adopting this somewhat circuitous mode, instead of enabling the claimant under the grant of another state to bring his action at once in the United States court, arises from the juridical rule that the defendant, unless some express provision is made to compel him, shall not at law be obliged to show on what title he relies, before the commencement of the trial. A citizen of another state or an alien, (in those cases where an alien may hold land,) is not obliged nor indeed allowed to adopt this course, because he may commence his suit in the United States courts or remove it there, as noticed before, immediately on its being commenced against him, and it is his own folly not to avail himself of this benefit in the first instance.

No other court of the United States than the supreme court can entertain a suit brought by a state, either against another state or against individuals. In this respect, congress has no further legislated than to declare that the jurisdiction of the supreme court shall be exclusive, except between a state and its citizens. This inference would indeed flow from the words of the Constitution, which could never be so construed as to prevent a state from suing its own citizens, or those of other states or aliens, in its own courts. In regard to suits against states, they were unknown before the Constitution, and since the amendment already adverted to, the only remaining class is above the jurisdiction of the circuit courts.

Jurisdiction by way of appeal or writ of error, according to the nature of the case, is given to the circuit from the district court, and to the supreme from the circuit court. But a pecuniary qualification is annexed both to the original and

appellate jurisdiction in most cases. The district court has cognizance of all civil suits brought by the United States where the matter in dispute, exclusive of costs, amounts to one hundred dollars. The original jurisdiction of the circuit court is described as applying to cases where the matter in dispute, exclusive of costs, exceeds five hundred dollars. Yet it would seem, that if any sum exceeding three hundred dollars was found due, the court could sustain the jurisdiction, although the plaintiff would be liable to costs. To sustain the jurisdiction on a suit for the violation of a patent right, any sum, however small, that may be recovered, is sufficient.

To sustain the jurisdiction of the Supreme Court on writs of error, the matter in dispute, exclusive of costs, must exceed two thousand dollars. There is perhaps too much disproportion in these sums, and there seems little reason for excluding a stranger or a citizen of another state from the benefit of a revision of the judgment, for any sum below five hundred dollars. No pecuniary limit is adverted to in the Constitution, and although there' is weight in the suggestion that the dignity of a court is impaired by giving an ear to trifling controversies, yet the humblest suitor is entitled in some shape to relief; and the principle on which the classification of the subjects of judicial cognizance is founded, ought not to be impaired by a standard of value, which to a poor man may amount to a denial of justice.

In this chapter, there is (as occasionally elsewhere) a deviation from the original plan of confining ourselves to an exposition of the Constitution. The legislative developement of principles, briefly expressed in the great text, when it correctly explains and applies those principles, is highly useful,

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