Taking affidavits, etc. - Receivers, etc.

Section 3. Officers in the service of the United States. A special power to take affidavits is also conferred upon persons holding the rank of colonel, or any higher rank in the New York State volunteers in the service of the United States, and also upon any commissioned officer in said service who is a counselor of the supreme court in this State. Laws of 1862, ch. 471.

Section 4. Disqualifications. The attorney on record in any cause is disqualified from administering an oath in such cause. People v. Spalding, 2 Paige, 327; Taylor v. Hatch, 12 Johns. 340; Gilmore v. Hempstead, 4 How. 153. This rule, however, does not extend to counsel employed, or to any one except the attorney of record. Hallenback v. Whitaker, 17 Johns. 2; Post v. Coleman, 9 How. 64.

ARTICLE IX.

SPECIAL OFFICERS, ETC., APPOINTED.

Section 1. Receivers, etc. Receivers, committees of the person or estate of lunatics, and guardians, are to a certain extent qualified officers of the court, and so are the depositaries of moneys brought into court. In the absence of special directions on the subject, the authorized depositary of such moneys is the county treasurer of the county in which the action is triable, and, in New York, the chamberlain of that city. 1 R. S. 369–371.

CHAPTER III.

OF THE UNITED STATES SUPREME COURT.

ARTICLE I.

ITS ORGANIZATION.

Section 1. Judges. The several courts of the United States, including the supreme court, owe their existence to that clause of the constitution, which declares that "the judicial power of the United States shall be vested in one supreme court, and in such inferior courts as the congress may from time to time ordain and establish." U. S. Const., art. 3, § 1.

The supreme court of the United States, as at present organized by congress, in pursuance of the power conferred by the constitution, consists of a chief justice and eight associate justices, six of whom are required to constitute a quorum. Act of Cong., April 10, 1869; 16 U. S. Stat. at Large, 44. They are appointed by the president of the United States, by and with the advice and consent of the senate. U. S. Const., art. 2, § 2. Their respective terms of office shall continue during good behavior, and for their services they shall receive a compensation which shall not be diminished during their continuance in office. U. S. Const., art. 3, § 1.

Section 2. Officers. The principal officers of the supreme court are attorneys and counselors, clerk and marshal. Attorneys and counselors are admitted to practice under certain rules and regulations of the court, but the two degrees of attorney and counsel are kept separate, and no person is permitted to practice both as attorney and counselor in this court. 1 Kent's Com. 307. It is one of the duties of the attorney-general of the United States to prosecute and conduct all suits in the supreme court in which the United States shall be concerned. Act of Sept., 1789.

The clerk is appointed by the court, and, in addition to the ordinary oath of office, is obliged to give security to the public for the faithful performance of his duty. He has the custody of the seal and records, and it is his duty to sign and seal all process, and to record the proceedings and judgments of the court. Act of Cong., Sept. 24, 1789, § 7.

Its civil jurisdiction.

A marshal is also appointed by the court, who shall take charge of all property of the United States used by said court or its members, and shall serve and execute all process and orders issuing out of said court, or made by any justice thereof. Subject to the approval of the chief justice, he may appoint assistants and messengers. Act of Cong., March 2, 1867; 14 U. S. Stat. at Large, 433.

Section 3. Time and place of sitting. The court holds one term annually in the city of Washington, commencing on the first Monday of December, and continued at discretion. Acts of Cong., April 29, 1802; May 4, 1826; June 17, 1844. The first Monday in August of each year is appointed as a return day. Act of April 29, 1802.

ARTICLE II.

ITS CIVIL JURISDICTION.

Section 1. Original jurisdiction. The original jurisdiction of the supreme court is derived from the constitution, and is confined by that instrument to those cases which affect ambassadors, other public ministers and consuls, and to those in which a State is a party. Art. 3, § 2. Congress has no power to enlarge this jurisdiction, or to extend it to cases other than those enumerated in the constitution. 1 Kent's Com. 315. The trial of issues of fact, in the supreme court in all actions at law against citizens of the United States, shall be by jury. Act. of Cong., Sept. 24, 1789, § 13.

Section 2. Appellate jurisdiction. The appellate jurisdiction of the supreme court vested by the constitution (art. 3, § 2) extends in certain cases over final decisions in the State courts, but it has no power to review its own decisions, either at law or in equity. Washington Bridge Co. v. Stewart, 3 How. (U. S.) 413. It also has jurisdiction on an appeal from the final decrees of the circuit courts, of the district courts exercising the powers of circuit courts, and of the superior courts of territories exercising the powers of circuit courts in certain cases. 2 Bouv. Inst. 48. In those cases where original jurisdiction is given to the supreme court, the judicial power of the United States cannot be exercised in its appellate form. Osborn v. Bank of United States, 9 Wheat. 738. When the case comes before the

supreme court, the principle or points on which the judges were divided will only be considered. Wayman v. Southard, 10 Wheat. 21.

Section 3. Prohibition and mandamus. The power of the supreme court to issue writs of prohibition and mandamus was given by the judiciary act of September 24, 1789, section 13. By this act it has power to issue writs of prohibition to the district courts, when proceeding as courts of admiralty and maritime jurisdiction, and to issue writs of mandamus in cases warranted by the principles and usages of law to any court or person appointed, or holding office under the authority of the United States. That part of the section which gives power to issue writs of mandamus to "persons holding office under the authority of the United States" has been declared void. Marbury v. Madison, 1 Cranch, 175.

ARTICLE III.

CONCURRENT JURISDICTION.

Section 1. In what cases. The supreme court of the United States has concurrent jurisdiction with the inferior federal courts and with the State courts, in all cases in law or equity, arising under the constitution, laws and treaties of the United States; or where an alien sues for tort in violation of the law of nations.

Cases wherein the United States are plaintiffs; or wherein foreign ambassadors, consuls, etc., are plaintiffs.

Controversies wherein a State is plaintiff and individuals are defendants, or a State defendant and its own citizens.

Controversies between citizens of different States, or between citizens of the same State, claiming lands under grants of different States.

Controversies between a State, or the citizens thereof, and a foreign State, or between citizens and aliens.

State courts can exercise concurrent jurisdiction with the federal courts only in those cases where previous to the constitution they possessed jurisdiction independent of national authority. 1 Kent's Com. 397.

CHAPTER IV.

OF THE UNITED STATES CIRCUIT COURT.

ARTICLE I.

ITS ORGANIZATION.

Section 1. Judges and circuits. The circuit courts are the principal inferior courts established by congress, under the judiciary act of the 24th of September, 1789. From time to time as new States have been admitted, the number and boundaries of the circuits have been changed; but at present there are nine circuit courts which have jurisdiction respectively over their own circuits. 2 Bouv. Inst. 53.

The chief justice and the associate justices of the supreme court of the United States are allotted among the circuits by order of the court; and, whenever a new allotment shall be required or found expedient by reason of alteration of one or more circuits, or of the new appointment of a chief justice or associate justice, or otherwise, it shall be the duty of the court to make the same, and, if a new allotment shall become necessary at any other time than during the term, such allotment shall be made by the chief justice, and shall be binding until the next term, and until a new allotment by the court. Act of Cong., March 2, 1867, ch. 156, § 11.

A circuit judge is appointed for each of the nine circuits, who shall reside therein, with the same power and jurisdiction as the justice of the supreme court allotted to the circuit. The circuit courts are held by the justice of the supreme court allotted to the circuit, by the circuit judge, or by the district judge sitting alone, or by any two of them. It is the duty of the chief justice, and of each justice of the supreme court, to attend at least one term of the circuit court in each district of his circuit during every period of two years. Act of Cong., April 10, 1869, ch. 22. Section 2. Officers. The principal officers of the circuit courts are the clerk, attorneys and marshal.

The clerk is appointed by the circuit judge, and his duties