The daily union. [volume] (Washington [D.C.]) 1845-1857, 1854-03-14

System.
TO ne Senate Of he United States.
In answer The resolution oil The Senate OF the TIL OF
December last requesting present 10 the Senate the
plan referred TO ia my annual message 10 Congress- and
recommended therein FOR The enlargement and
OF the present judicial system Of the United States
transmit report from the Attorney General TO whom
FRANKLIN PIERCE.
WAsHISoros, March l, 1854.
ATTORNEY GESERALs 0rrioE. Feb, 4, 1854.
SIN have the honor 10 submit herewith suggestions
regarding the Judicial system OF the United States. IN
compliance with resolutions of the Senate and OF the
House OF Representatives, referred TO me for this pue-
pose.
The constitution, with its amendments, contains the
following provisions, necessary to be borne in mind, as
the basis OF all satisfactory consideration OF the subject
matter;
l. The constitution
"ARr. III sec. L. The judicial power of the United
States shall be vested in Supreme Court and IN such
inferior court. the Congress may from time 10 Ine' or
dain and establish
" The judges. both of the supreme and inferior courts.
shall hold their offices during good behavior and shall
which shall not be diminished during their continuance in
office. .
''ART III, Sec 2 The judicial power shall all
law and equity arising under the constitution the
laws Of the United States, and treaties made which shall
made under their uhoriy all affecting
bassado and other public ministers and consus to all
cases OF admiralty and maritime ursdclion to conIo.
verses which the United States shall be to CON
trove rsies between States, between State
and OF another Sate between citizens Of different
States, between czens OF the State claiming lands
under grants OF different States and between State the
citizens thereof. and foreign States citizens or subjects
and consuls, and those nwhlch State shall be a
party The Supreme Court shai, have original , jurisdiction
shall have appellate jurisdction both to law and fact
with such exceptions and under such regulations the
Congress shall make.
The trial Of oil crimes, except in cases Of impeaeh-
ss whsrs such eie shall have BEEN oomed bn.
when not committed within any STATE the trial shalt be at
such place or places as the Congress may by law have d.
rected."
2. An amendment 10 the constitution.
"ARr No person shall be held answer for capital
otherwise infamous crime, unless on pesenment or
land naval forces, or in The militia when In actual SER
vice. in time Of war or public DANGER nor shall any per
jeopardy OF life limb shall he be compelled, in any
criminal case 70 be witness against himself nor be de-
prived of le liberty property without the of
law nor shall private property be taken for public use
without jus, compensation
enjoy the right TO speedy and public trial by an impartial
jury OF the STATE and district wherein the crime shall have
asceained by law and to be informed OF the nature and
OF the accusation TO be with the witnesses
against him. and TO have the assistance OF counsel for his
AKT VII In suits at common law where the value in
controversy shall exceed twenty dollars the right OF trial by
jury shall be preserved and no fact tried by jury shall be
than than according to The rules Of the common law
'ARr The Judicial power of the United States shall
meneed or against one Of the United States by
czens Of another s,ae by citizens subjects Of any
tofeign State"
Such is the outline OF The judicial system OF the United
States defined by the constitution But these provis
ions do not designate the number OF the judges OF the
Supreme Court prescribe the organization OF the in
ferior courts the forms and limits either of place
function, within which their various powers 10 be
exercised, the appointment and authority OF the
seria officers OF the law, many other things
tial 10 the practical completeness OF the system, the
OF doing all which TO be sought in other pro-
visions OF the constitution, as follows:
ART. /, sec. 8. The Congress shall have power =
To constitute tribunals inferior to the Supreme Court
To make all laws which shall be necessary proper
for carrying into uon the foregoing powers and all
Of United States officer thereof
Arr. II, sec The executive power shall be vested IN
ART. m sec 2 He shall nominate, and, by and
advice and OF the Senate, shall appoint,
the Supreme Court and all other officers of the United
States whose appointments are not herein otherwise pro-
Congress may by law the appointment OF such inferior
officers they think proper IN me President alone or In
courts of law, In The heads OF departments"
In executing the powers winch the constitution has
thus conferred Congress, 10 provide by legislation for
the details OF the organization OF the courts OF the Uaied
States, that body has enacted numerous laws, which.
while modifying the judicial system important patc
uars different periods, have invariably, from The be-
ginning 10 The present time, assumed The following great
elements OF the system, pamely
l. Supreme Court, consisting OF Chief Justice and
associate Justices sitting periodically at the seat OF gov
enment, with unity OF constitutional power and lufs-
dction, and exercised in definite forms prescribed by law
throug bout the United States.
The subdivision OF the United States into judicial
districts, each district consisting oil State or defined
part of State, with single district Judge 1or each DIS.
ric such Judge being invested with admiralty and mari.
time jurisdiction jurisdiction in certain seizures land
and suits for penalties and forfeIlurts; jurisdiction IN
certain suits by aliens, by the United States, and by aid
against consus jurisdiction to grant njuBctons 10 equi
". wrts OF habsas corpus, and 10 perform some other
acts OF msceaneou Judicial power; and jurisdiction OF
all crimes and offences, not capital, which cogniza
BILE under the authority of the United States Some of
these powers are exclusive, some not.
g. The distribution OF he judicial districts into lees
number OF judicial circuits. with circuit courts sitting pc.
rodcay each dIsiric and consisting OF plurality OF
Judges the district Judge OF the district being one, which
circuit courts have original jurisdiction, in some cases
exclusive, 10 Others concurrent only oil all suits OF
civil nature AT common law or IN equity, where the mat
ter In dispute exceeds certain defined sum, and alien
is party or the suit is between citizen OF the State
where the suit is brought and citizen OF another State
original junsdclion IN cases oil EQUITY OF certain amount
where the United States petitioners and OF all suits
at common law where the United States, or any officer
thereof shall under the authority OF any act oil Con-
gress original jurisdiction OF crimes and offences against
the United States; original iunsdicllou IN certain suits
removed from the courts oil State, and IN sundry mis-
ceaneous matters OF special provision under The patent
post office, and other laws and appellate jurisdiction IN
certain by writ OF error 10, or direct appeal from
4 the district courts.
Il rbe general system, thss cursory sketched, has
stool the test of the controversies aad criticism Of two
generations its practical working has become familiar
TO The whole community the publications OF long sue.
cession o eminent Judges have regulated its forms ald
impaired precision action and theory Of udieia
system presents itself which promises any advantage
commensurate with the experimental uncertainties Which