No. 2546. Book 4, tit. 3, chap. 5, sec. 4. No. 2546. of admiralty and maritime jurisdiction," including all seizures under the laws of imposts, navigation, or trade of the United States, where the seizures are made, on waters navigable from the sea, by vessels of ten or more tons burden, within their respective districts, as upon the high seas; saving to suitors, in all cases, the right of a common law remedy, when the common law is competent to give it. Causes of this kind are to be tried by the district court, and not by a jury.(a) The admiralty jurisdiction, expressly vested in the district court, embraces, also, captures made within the jurisdictional limits of the United States. By the act of April 20, 1818, s. 7, the district court shall take cognizance of complaints, by whomsoever instituted, in cases of captures made within the waters of the United States, or within a marine league of the coast or shore thereof. SECTION 4.-OF COURTS MARTIAL. 2546. A court martial is one authorized by the articles of war, for the trial of all offences in the army or navy of the United States. The articles of war form a code for the government of the army.(b) These courts are not permanent tribunals, but are appointed from time to time, as occasion requires. Article 64, directs that general courts martial may consist of any number of commissioned officers, from five to thirteen, inclusively; but they shall not consist of less than thirteen, when the number can be convened without manifest injury to the service. The decision of the commanding officer who appoints the (a) Croudson v. Leonard, 4 Cranch, 438; Yeaton v. United States, 5 Cranch, 281; Whelan v. United States, 7 Cranch, 112. (b) Act of April 10, 1806. No. 2547. Book 4, tit. 4. No. 2547. court, as to the number that can be convened, without injury to the service, is conclusive. (a) This is a court of limited authority, and to render its acts valid, the court must appear to have acted within its jurisdiction.(b) Its powers extend over a person in the military service of the United States, but it has no jurisdiction over a citizen of the United States not employed in military service. (c) If the court have not jurisdiction of the person, or subject matter, on which they pass, their judgment is null, and the members of the court, and the officers who execute their judgments, are trespassers. (d) And if, having jurisdiction, they pass sentence against an individual without notice, it is void.(e) TITLE IV.-OF THE COURTS OF THE UNITED STATES. 2547. The judiciary of the United States was established, and exists, by virtue of the following provisions, contained in the third article of the constitution. § 1.-1. 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. The judges, both of the supreme and inferior courts, shall hold their offices during good behavior, and shall, at stated times, receive for their services a compensation which shall not be diminished during their continuance in office. § 2.-1. The judicial power shall extend to all cases in law and equity arising under this constitution, the (a) 12 Wheat. 19. (b) Duffield v. Smith, 3 S. & R. 590; Fox v. Wood, 1 Rawle, 143; Brooks v. Adams, 11 Pick. 442; 19 John. 7. (c) Smith v. Shaw, 12 John. 257. (d) Wise v. Withers, 3 Cranch, 331. (e) Meade v. Deputy Marshal, 1 Brockenb. C. C. 324. No. 2547. Book 4, tit. 4. No. 2547. laws of the United States, and treaties made, or which shall be made, under their authority; to all cases affecting ambassadors, other public ministers and consuls; to all cases of admiralty and maritime jurisdiction; to controversies to which the United States shall be a party; to controversies between two or more states; between a state and citizens of another state; between citizens of different states; between citizens of the same state, claiming lands under grants of different states, and between a state, or a citizen thereof, and foreign states, citizens or subjects. 2. In all cases affecting ambassadors, other public ministers and consuls, and those in which a state shall be a party, the supreme court shall have original jurisdiction. In all other cases before mentioned, the supreme court shall have appellate jurisdiction, both as to law and fact, with such exceptions, and under such regulations, as the congress shall make. 3. The trial of all crimes, except in cases of impeachment, shall be by jury; and such trial shall be held in the state where the said crimes shall have been committed; but when not committed within any state, the trial shall be at such place or places as the congress may by law have directed. By the amendments to the constitution, the following alterations have been made. Art. 11. The judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by citizens of another state, or by citizens or subjects of any foreign state. This title will be divided into two divisions. In the first a view of the central will be taken, and, in the second, of the local courts. No. 2548. Book 4, tit. 4, div. 1, chap. 1, sec. 1. No. 2550. Division 1.—Of the central courts of the United States. 2548. The central courts are the senate, when organized to try impeachments, and the supreme court. The territorial jurisdiction of these courts extends over the whole country. CHAPTER I.-OF THE SENATE OF THE UNITED STATES AS A COURT. 2549. The constitution of the United States(a) provides that the senate shall have the sole power of impeachments. When sitting for that purpose, the senators shall be on oath or affirmation. When the President of the United States is tried, the chief justice shall preside; and no person shall be convicted without the concurrence of two-thirds of the members present. It will be proper to consider, 1, the organization of this extraordinary tribunal; and, 2, its jurisdiction. SECTION 1.—OF THE ORGANIZATION OF THE SENATE AS A COURT. 2550. Its organization differs, as it has, or has not for trial, the President of the United States. For the trial of an impeachment of the President of the United States, the presence of the chief justice is required, and he presides over the court; in this case there must also be a quorum of members present. For all (a) Art. 1, s. 3. No. 2551. Book 4, tit. 4, div. 1, chap. 2. No. 2553. other impeachments, it is sufficient if a quorum of senators be present. SECTION 2.—OF THE JURISDICTION OF THE SENATE AS A COUrt. 2551. The jurisdiction of the senate, as a court for the trial of impeachments, extends to the following officers, namely, the President and Vice-President, and all officers, civil or military, of the United States.(a) 2552. The offences for which they may be impeached are treason, bribery, and other high crimes and misdemeanors. (b) The constitution defines treason as follows: "Treason against the United States shall consist only in levying war against them, or in adhering to their enemies, giving them aid and comfort."(c) Not having defined bribery, recourse must be had to the common law for its definition. words "other high crimes and misdemeanors" not having been defined, recourse must be had to parliamentary practice and the common law, in order to ascertain what they are.(d) The CHAPTER II.-OF THE SUPREME COURT OF THE UNITED STATES. 2553. The constitution vests the judicial power of the United States in one supreme court, and in such inferior courts as congress may, from time to time, ordain and establish. This chapter will be divided into two sections: 1, of the organization of the supreme court; 2, of its jurisdiction. (a) Const. art. 2, s. 4. (c) Const. art. 3, s. 3. |