No. 2554. Book 4, tit. 4, div. 1, chap. 2, sec. 1, § 1, 2. No. 2556. SECTION 1.—OF THE ORGANIZATION OF THE SUPREME COURT. 2554. Under this section will be examined, 1, the appointment of the judges; 2, the number requisite to form a quorum; 3, the officers of the court; 4, the time when it is to be held; 5, the place where. § 1.--Of the appointment of the judges. 2555. The judges of the supreme court are appointed by the President of the United States, by and with the advice and consent of the senate. (a) They hold their offices during good behavior, and receive for their services a compensation which shall not be diminished during their continuance in office.(b) They consist of a chief justice and eight associate justices.(c) § 2. The number requisite to form a quorum. 2556. Five judges are required to form a quorum;(d) but those attending on the day appointed for holding a session of the court, although less than five, have authority to adjourn the court from day to day, for twenty days, after the time appointed for the commencement of the session, unless five justices shall sooner attend; and the business shall not be continued over till the next session of the court until the expiration of the said twenty days. If, after the judges shall have assembled, on any day less than five shall assemble, the judge or judges so assembling shall have authority to adjourn the said court, from day to day, until a quorum shall attend, and, when expedient and proper, may adjourn the same without day. (e) (a) Const. art. 2, s. 2. (b) Const. art. 3, s. 1. (c) Act of March 3, 1837, s. 1. (d) Act of March 3, 1837, s. 1. (e) Act of January 21, 1829. No. 2557. Book 4, tit. 4, div. 1, chap. 2, sec. 1, § 3, 4. No. 2558. § 3. Of the officers of the supreme court. 2557. The officers of this court are: 1. A clerk, who is appointed by the court. His duties are to keep a record of all the judicial acts of the court, and to keep and preserve all the records and papers confided to his care; to make out writs and other process, to make exemplification of records and papers in his office, make out argument lists, and in general perform such other acts as the court may judicially direct to be done by him according to law. 2. Attorneys and counsellors, whose powers and duties have already been considered. (a) These are admitted to practice under certain rules and regulations established by the court. 3. A marshal, who is appointed by the president, by and with the consent of the senate; his duties are to attend the supreme court, and to execute throughout his district all lawful precepts directed to him and issued under the authority of the United States; and he shall have power to command all necessary assistance in the execution of his duty, and to appoint, as there shall be occasion, one or more deputies, who shall be removable from office by the judge of the district court, or the circuit court sitting within the district, at the pleasure of either.(b) 4. A crier, who is appointed by the court, and whose duty is to make proclamation of the opening and adjournment of the court, and perform sundry other services for the court, when required. § 4. Of the time of holding the court. 2558. The session of the court commences on the second Monday of January, in each and every year. (c) (a) Ante, n. 2418. (b) Act of Sept. 24, 1789, sec. 27. No. 2559. Book 4, tit. 4, div. 1, chap. 2, sec. 2. No. 2560. The first Monday of August in each year is appointed as a return day. (a) § 5. Of the place of holding the court. 2559. The supreme court is holden at the city of Washington;(b) in case of a contagious sickness, the chief justice, or in his absence, his senior associates, may direct in what other place the court shall be held, and the court shall accordingly be adjourned to such place.(c) SECTION 2.-OF THE JURISDICTION OF THE SUPREME COURT. 2560. Before we proceed to consider the jurisdiction of the supreme court, let us inquire into the nature and meaning of the term jurisdiction. Jurisdiction is the power constitutionally conferred upon a court, a judge, or a magistrate, to take cognizance of and decide causes according to law, and to carry their sentence, decree, or judgment into execution. (d) The tract of land over which such courts, judges or magistrates have jurisdiction, is called their territory, and the power in relation to this territory is called their territorial jurisdiction. Jurisdiction is either civil, where the subject matter to be tried is not of a criminal nature; or criminal, where the court is to punish crimes. It is original, when it is conferred on the court in the first instance; or appellate, which is when an appeal is given from the judgment of another court. It is concurrent, when it may be entertained by several courts; in these cases of concurrent jurisdiction, it is a rule that the court which is first seized of the cause shall try it, to the exclusion of the other; exclusive, when only one court has the right to determine or try the suit, action, or (a) Act of April 29, 1802. (b) Act of April 29, 1802. (c) Act of February 25, 1799, s. 7. (d) U. States v. Arredento, 6 Pet. 591; 9 John. 239. No. 2561. Book 4, tit. 4, div. 1, chap. 2, sec. 2, § 1, art. 1. No. 2562. matter in dispute. Assistant jurisdiction is that which is afforded by a court of chancery, in aid of a court of law; as, for example, by a bill of discovery. It is the law which gives jurisdiction; the consent of parties cannot confer it in a matter which the law excludes.(a) But where the court has jurisdiction of the matter and of the person, and the defendant has some privilege which exempts him from the jurisdiction, he may waive the privilege. (b) A case will illustrate this rule. The circuit courts of the United States have no jurisdiction over ambassadors; if an ambassador should be tried in one of those courts, the whole proceeding may be avoided, although the defendant may have waived, expressly, or by implication, his right of not being sued there. If, on the contrary, the defendant, who was subject to the jurisdiction, and was entitled to a privilege which exempted him for a time from being sued there, should waive the right, the jurisdiction would attach; as when a party attending court, voluntarily appeared to the action, and waived his privilege of exemption from being sued while attending court. The jurisdiction of the supreme court is civil or criminal. § 1. Of the civil jurisdiction. 2561. The civil jurisdiction is either original or appellate. Art. 1.-Of the original jurisdiction of the supreme court. 2562. The original jurisdiction of the supreme court is given to that tribunal by the articles of the constitution already cited. (c) By act of congress, (d) exclusive jurisdiction is vested (a) Lindsey v. McClelland, 1 Bibb, 262; Parker v. Munday, Coxe, 70; Folby . The People, Breeze, 31. (b) Overstreet v. Brown, 4 McCord, 79. (c) Const. art. 3. (d) Act of September 24, 1789, s. 13. No. 2562. Book 4, tit. 4, div. 1, chap. 2, sec. 2, § 1, art. 1. No. 2562. in the supreme court of all controversies of a civil nature, where a state is a party, except between a state and its citizens; and except, also, between a state and citizens of other states or aliens, in which latter case it shall have jurisdiction, but not exclusive jurisdiction. In consequence of the decision of the case of Chisholm v. Georgia, (a) where it was held that assumpsit might be maintained against a state, by a citizen of a different state, the 11th article of the amendments of the constitution was adopted, that "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 a foreign state." By the same act of congress, (b) the supreme court shall have, exclusively, all such jurisdiction of suits or proceedings against ambassadors, or other public ministers, or their domestics or domestic servants, as a court of law can have or exercise consistently with the law of nations; and original but not exclusive jurisdiction of all suits brought by ambassadors or other public ministers, or in which a consul or vice-consul shall be a party. The trial of issues in fact, in the supreme court, in all actions at law against citizens of the United States, shall be by jury.(c) The constitution establishes the supreme court and defines its jurisdiction. It enumerates the cases in which its jurisdiction is original and exclusive, and defines that which is appellate. Congress cannot, therefore, vest in the supreme court original jurisdiction in a case in which the constitution has clearly not given that court original jurisdiction; and affirmative words in the constitution, declaring in what cases the (a) 2 Dall. 419. (b) Act of September 24, 1789, s. 13. |