Iron County register. [volume] (Ironton, Iron County, Mo.) 1867-1965, 1881-11-10
The Judiciary system.
BY THOMAS CALLAHAN.

The organic law Of the United States
and the Constitutions Of the States all
agree to divide the functions of govern
nIent into three classes-the legislative,
the judicial, and the executive.
In considering the judiciary system,
it will be necessary to ascertain the
connexions and relations existing be-
tween that part of the system which
arises under the Constitution of the
United States, and that part which
arises under the Constitutions of the
various States.
The Constitution of the United States,
Article Sd, Section 1st, says: The ju-
dicial powe of the United States shall
be vested in one Supreme Court, and
in such inferior courts as the Congress
may from time to time establish"
The existence of the Supreme Court
is fixed by the Constitution, the mode
of its existence is fixed by Congress.
The Constitution provides that the
Judges shall hold their offices during
good behavior, and shall at stated
times receive for their services COM
pensation, which shall not be dimin-
ished during their continuance in Of
flee.
Congress has by successive acts Or
ganized the Supreme Court by Great
ing Chief Justice and nine Associate
Justices, any five of the nine being
quorum.
In subordinatiOn to the Supreme
Court, Congress has organized Circuit
and District Courts.
The Circuit Court is composed of one
Judge of the Supreme Court and the
District Judge, except when the latter
is interested, then it is held by the
Circuit Judge.
The United States is divided into
nine circuits.
The District Court is composed of
one Judge. who holds annually four
| terms of court, and special courts at
| his discretion. The districts some
times include a whole State, but in
| Missouri there are two.
| The jurisdiction of United States
courts includes nine different classes of
matters. (See Constitution, Art. Ill,
Sec. 2; and the Eleventh Amendment
to the Constitution.)
| These classes are
| 1st. All cases in law and equity aris-
ing un,iers the Constitution and laws
.: the United States and treaties with
| foreign countries.
| I'd. All cases affecting ambassadors
and other public ministers and con-
suls.
3D. All cases of admiralty and mara
time jurisdiction.
| 4th. Controversies to which the Unit
ed States is party.
| 5th. Controversies between two or
more States.
9th. Controversies between a State
and citizens of another Stale.
7th. Controversies between citizens
of different States.
Sth. Controversies between citizens
of the same State, claiming lands un-
der grants from different States.
9th. Controversies between a State
or the citizens thereof, and foreign
States. citizens and subjects.
The Circuit and District Courts are
designed to make justice as accessible
and speedy as possible to all par
ties.
The jurisdiction of the Supreme Court
is co-extensive with national objects,
and cannot be interfered with by any
other branch of the Government.
Montesquiew, in his Esprit of Laws
(see Book XII, Capter 6, says: "There
is no liberty if the judiciary power be
not separated from the legislative and
executive powers"
The Supreme Court is the court of
last resort, from whose decision tn. re
is no appeal, except to the people to
amend the Constitution; or, if that fail,
| to the sword.
But it must be borne in mind that
the functions of the court are to declare
what the law is. and not to make it.
! TX. Wheaton. page S66, says, Courts
are the mere instruments of the law,
and can will nothing"
Having thus given brief outline of
the Federal Judiciary, attention will
now be called to that of the states, and
notice will be taken rather of the points
of difference than those of agreement.
The State courts-Supreme and SUBJ
ordinate-are instituted by the Consti-
! tuition, and organized by the Legisla-
lures of the different States. They
differ from the Federal courts in the
facts that, whilst the officers of these
courts are appointed by the President,
/ by and with the al and consent OF
! the Senate, the officers Of the State
! rtc ..la hxt t1,n nd