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the Senate had taken in hand the important matter of CHAPTER the Federal Judiciary. A bill on that subject, drafted by Ellsworth, was, after some amendments, concurred 1789. in by the House. By the provisions of this act, the Supreme Court of the United States was to consist of a chief justice and five associate judges, to hold two sessions annually at the seat of government. The jurisdiction of this court, so the Constitution required, was, except in one or two specified cases, entirely appellate. For the trial of cases in the first instance, two sets of tribunals were instituted, called District Courts and Circuit Courts.

Each state was made a district, as were also Kentucky and Maine; each district to have a judge of its own, to hold four courts annually, besides such special ones as might be found convenient. These district courts had cognizance of all civil cases of admiralty and maritime jurisdiction, including cases of seizure under the revenue laws, and of all suits for penalties and forfeitures under the laws of the United States. Their jurisdiction also extended to all lesser crimes against the United States; and, concurrently with the state courts, to all suits to which the United States were a party, and the matter in dispute, exclusive of costs, exceeded one hundred dollars in value. All trials of questions of fact, except in civil cases of admiralty and maritime jurisdic tion, were to be by jury. These district courts constituted, in fact, the revenue courts of the federal government, being the successors of the old royal admiralty courts, after which they were in a great measure modeled, and whose forms of practice they continued to follow.

The districts, except those of Maine and Kentucky, the judges of which were to have, in addition to their other powers, all the authority of circuit courts, were

CHAPTER grouped together into three circuits. Circuit courts I. were to be held semi-annually in each district (besides 1789. special courts when necessary for the trial of criminal

cases), by any two judges of the Supreme Court, with whom was also to sit the judge of the district, any two of the three to constitute a quorum. These courts were to have jurisdiction, concurrent with the state courts, of all suits of a civil nature at common law or in equity between citizens of different states, or to which the Unit ed States or an alien was a party, the matter in dispute exceeding five hundred dollars in value. In criminal matters their jurisdiction was to be concurrent with that of the district courts, and exclusive as to all higher crimes. They were also to entertain appeals in all cases decided in the district courts, where the matter in dispute, if it belonged to the admiralty jurisdiction, amounted to three hundred dollars in value, or to fifty dollars, exclusive of costs, in ordinary civil actions. Juries, in all cases where they were needed, whether in the circuit or district courts, were to be summoned in accordance with the state usage of the district in which the court was held.

An appeal lay, as to all points of law, in all cases where the matter in dispute amounted to two thousand dollars, from the circuit courts to the Supreme Court of the United States; and to this court was also given authority, in certain specified cases, to send writs of error to the state courts, and to revise, and, if error appeared, to reverse their decisions. But the only cases in which this high power could be exercised were those in which had been brought in question the validity of a treaty or of a statute of the United States, or the validity of acts claimed to have been done by virtue of such treaty or statute, and the decision had been against their valid.

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ity; or in which the validity of a state law had been CHAPTER questioned on the ground of repugnancy to the Constitution, treaties, or laws of the United States, and the 1789. decision had been in favor of its validity; or in which a title, right, or privilege had been claimed under a treaty or law of the United States, or under the United States Constitution, and the decision of the state court had been against such right, title, or privilege. Nothing, however, could be a subject of re-examination in such cases except what appeared on the face of the record bearing directly on one or other of the above points.

The appointment of their own clerks was given to the courts. An officer was to be appointed by the president for each district, in the nature of a sheriff, but called a Marshal, to attend on the courts when in session, and authorized to serve all processes and to appoint as many deputies as might be found convenient. A District Attorney, to act for the United States in all cases in which they might be interested, was also to be appointed for each district. It was to be the duty of the Attorney General not only to appear in the Supreme Court of the United States in all cases in which the United States were a party, but also to give his opinion, when required by the president or requested by the heads of departments, upon any question of law in which the government might be interested.

The judiciary system thus established remains, but with some modifications, still (1853) in force, the circuits, increased to nine, being now attended by a single judge of the Supreme Court, and the circuit courts being sometimes held by the district judge alone, whose criminal jurisdiction in his own court has also been largely increased a change the more questionable, since, by the strangely anomalous construction put upon the Judiciary

CHAPTER Act, no point of criminal law, except in the accidenta I. cases of disagreements on the bench of the circuit courts, 1789 can be carried before the Supreme Court; thus leaving many questions involving the highest political rights to the decision of inferior tribunals.

Conforming to the strong and prevailing sentiment of Virginia, and to the pledges which he had found it necessary to give, Madison had early called attention to the subject of amending the Constitution. The amendments already proposed, in an official or semi-official form, were sufficiently numerous. The minority in the Pennsylvania Convention had proposed fourteen; the Massachusetts Convention, nine; the Maryland minority, twenty-eight; the South Carolina Convention, four; the New Hampshire Convention, twelve; the Virginia Convention, twenty; that of New York, thirty-two; besides separate Bills of Rights proposed by Virginia and New York, the one in twenty, the other in twenty-four articles. The Harrisburg Convention, held in response to the New York circular, had suggested twelve amendments; the Convention of North Carolina, while giving their conditional ratification, twenty-six. But the whole number of separate propositions was by no means so great as this enumeration might lead one to suppose. The nine Massachusetts propositions had been repeated by New Hamp. shire; the twenty of Virginia by North Carolina; and in many other cases, two, three, or more states had agreed in suggestions identical or very similar.

The amendments originally suggested by Massachu. setts were, 1st. That all powers not expressly delegated to Congress should be reserved to the states: recommended also by Virginia, South Carolina, North Caro lina, and by the minorities in Pennsylvania and Mary land, and in a modified form, afterward sanctioned by

Congress and adopted by the states. 2d. That the ratio CHAPTER of representation in the Lower House should continue at one for thirty thousand till the number of representatives 1789. amounted to two hundred: recommended also by Virginia, North Carolina, and New York. 3d. That Congress should exercise the power of regulating by law the election of senators and representatives only as to those states neglecting to make the necessary provisions: substantially recommended by Virginia, South Carolina, and New York. 4th. That no direct tax should be levied till the resources of duties on imports and excise should be exhausted, and then only by way of requisition in the first place, Congress, however, to assess and levy, with interest, the quota of any delinquent state: substantially recommended by South Carolina, Virginia, and New York. 5th. That Congress should erect no companies with exclusive privileges of commerce: recommended by New York and South Carolina. 6th and 7th. That no person be tried for any crime (cases in the military and naval service excepted) without previous indictment by a grand jury; and that, in civil cases, the right of trial by jury should be preserved: recommended also by Virginia and the Pennsylvania minority, and both provisions presently incorporated in substance into the amendments which were afterward ratified. 8th. That the federal courts should have no jurisdiction of suits between citizens of different states, when the amount in dispute did not exceed fifteen hundred dollars. 9th. That Congress should never consent to the acceptance by any federal officer of any title or office from any foreign power recommended also by New York.

The amendments proposed by Virginia, in which she had not been anticipated by Massachusetts, were as fol