First, there is the
Supreme Court specially ordained by the Constitution.
And then
there are such inferior courts as Congress may from time to time see
fit to establish. Congress has no power to abolish the Supreme
Court, or to erect another tribunal superior to it. This court sits
at Washington, and is a final court of appeal from the inferior
national courts of the Federal empire. A system of inferior courts,
inaugurated by Congress, has existed for about sixty years. Each
State for purposes of national jurisprudence is constituted as a
district; some few large States, such as New York, Pennsylvania, and
Illinois, being divided into two districts. Each district has one
district court, presided over by one judge. National causes in
general, both civil and criminal, are commenced in these district
courts, and those involving only small amounts are ended there.
Above these district courts are the National circuit courts, the
districts or States having been grouped into circuits as the
counties are grouped with us. To each of these circuits is assigned
one of the judges of the Supreme Court of Washington, who is the ex-
officio judge of that circuit, and who therefore travels as do our
common law judges. In each district he sits with the judge of that
district, and they two together form the circuit court. Appeals
from the district court lie to the circuit court in cases over a
certain amount, and also in certain criminal cases. It follows
therefore that appeals lie from one judge to the same judge when
sitting with another - an arrangement which would seem to be fraught
with some inconvenience. Certain causes, both civil and criminal,
are commenced in the circuit courts. From the circuit courts the
appeal lies to the Supreme Court at Washington; but such appeal
beyond the circuit court is not allowed in cases which are of small
magnitude or which do not involve principles of importance. If
there be a division of opinion in the circuit court the case goes to
the Supreme Court; from whence it might be inferred that all cases
brought from the district court to the circuit court would be sent
on to the Supreme Court, unless the circuit judge agreed with the
district judge; for the district judge having given his judgment in
the inferior court, would probably adhere to it in the superior
court. No appeal lies to the Supreme Court at Washington in
criminal cases.
All questions that concern more than one State, or that are
litigated between citizens of different States, or which are
international in their bearing, come before the national judges.
All cases in which foreigners are concerned, or the rights of
foreigners, are brought or may be brought into the national courts.
So also are all causes affecting the Union itself, or which are
governed by the laws of Congress and not by the laws of any
individual State. All questions of admiralty law and maritime
jurisdiction, and cases affecting ambassadors or consuls, are there
tried.
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