were admitted to the bar, the requirements being that they should have practised in the State Supreme Courts three years, and that their private and professional character should be fair. Three days later ten more councillors were sworn in, among them three famous names-Theodore Sedgwick, Fisher Ames, and Robert Morris.

Not until the second session of the court was held in February, 1791, did a case present itself for trial. This was an admiralty case. Judge Duane, of the District Court of New York, came before it, saying that on complaint of the Collector of the Port, and proof on oath, he had committed Josiah Goreham, master of the sloop Hiram, for breach of revenue laws and perjury. Goreham's mate, Charles Seely, had been detected landing and storing a quantity of coffee before report or entry, and in the nighttime, and had been committed. Both men were importunate for trial, and as the District Court had no authority, Judge Duane prayed that a special Circuit Court might be held for their trial, which was granted.

The next important case is worthy of notice, since with others of like tenor it led to an amendment to the Constitution. Jacob and Nicholas Van Staphorst of Holland sued the State of Maryland, and applied for the requisite process to bring the State into court. The Supreme court accordingly issued its writ to the Marshal of the District of Maryland, to be served on the Governor and Executive Council, which was done. Luther Martin, the AttorneyGeneral of the State of Maryland, appeared in court,

and directed John Caldwell, Esq., to enter an appearance for said State of Maryland. Edmund Randolph, Attorney-General, then moved that said appearance be entered, and the court ordered that the said State of Maryland should plead in two months from the second day of that term. This suit was subsequently (August, 1792) discontinued, although other suits of like character quickly followed. But this citing of a sovereign State before the court on the complaint of a private citizen was so destructive to its dignity, and led to such unseemly litigation, that in March, 1794, the Eleventh Amendment to the Constitution was passed, which declared that the judicial power of the United States should 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 amendment was sought to be evaded by certain citizens of New York, holders of Louisiana State bonds, who assigned their bonds to New York, and then induced that State to bring suit, but the case on coming before the Supreme Court was thrown out, on the ground that it was an evasion of the Amendment.

The August session of the Supreme Court for 1791 was held in the City Hall, Philadelphia, the government having been removed to that city, and continued to be held there until the first Monday in February, 1801, when, as we learn from the Minutes, it was "holden at the Capitol in the City of Washington, the same being the seat of the National

Government."

The court-room of that day was in the basement story, directly beneath the present chamber.

There were but three circuits in the early days of the Court. To-day there are nine, one for each of the Justices, defined as follows: No. 1. Comprising Maine, New Hampshire, Massachusetts, and Rhode Island, Justice Gray presiding. No. 2. New York, Connecticut, and Vermont, Justice Blatchford. No. 3. New Jersey, Pennsylvania, and Delaware, Justice Bradley. No. 4 is the circuit of the Chief Justice, and comprises Maryland, Virginia, West Virginia, North and South Carolina. No. 5. Georgia, Florida, Alabama, Mississippi, Louisiana, and Texas, Justice Lamar. No. 6. Ohio, Michigan, Kentucky, and Tennessee, Justice Matthews. No. 7. Indiana, Illinois, and Wisconsin, Justice Harlan. No. 8 comprises the remaining States this side of the Rocky Mountains, Justice Miller. No. 9. The Pacific Coast Circuit, Justice Field.

A great deal of the business of the Supreme Court is on appeal from the Circuit Courts.

Let us next see how this business is transacted. All the cases to come before it are entered in a large record book called the docket. Before the civil war scarcely a hundred cases composed the docket. Now a thousand may be entered by the time the court meets, and each is called in the order entered. Original cases-those not appealed from an inferior court-are placed on a separate docket. When a case comes on for trial the lawyers are each allotted two hours for argument, unless by request the court

allows them more. These lawyers must have printed arguments and printed briefs showing the principal points and references to law on which they base their plea, and if the case comes from a lower court all the proceedings before that court must have been printed and submitted also. One case having been heard, another is taken up, and sometimes several cases are tried in a day. Five days in the week are occupied in hearing argument. Saturday is set apart for consultation on the cases tried, the judges meeting at eleven in the morning and often sitting until six at night.

In the early days of the court at Washington, none of the judges resided there, and it was the custom for the entire bench to club together, hire a furnished house and caterer, and live together. This custom continued until the civil war, and it was the habit of the bench to sit late at dinner and discuss the cases tried during the day. Now, however, each judge takes home his printed briefs, and studies the case alone, often extending his labors into the small hours of the night. On Saturday as has been said, all meet for consultation. Each case is gone over again thoroughly, each judge offering his argument, until the case is argued often much more thoroughly and to the point than it was by the lawyers. Then the Chief Justice puts the case to vote. Beginning with the youngest, he asks him how he will vote. "I will affirm," he replies; another, "I will reverse," and so it continues until all have voted, and it returns to the Chief Justice perhaps four to four, in which case he decides it. The latter then assigns to some

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member the task of writing the opinion, who thus becomes the mouthpiece of the court. This task is given to the member deemed most competent, one judge being especially proficient in chancery cases, others in admiralty and patent cases, and so on, but at the end of the term each has been given his fair share of the work. These opinions are read as the first order of business at the Saturday conferences, and are sharply criticised, one member objecting to the style, another to the use of words, etc. Sometimes the author is asked to rewrite it wholly. After being read and approved, the opinions are read in open court on the Monday following. The decision is then announced and the whole opinion printed and sent to the author for revision, after which it is inserted in the bound volumes of "Reports," to become, with others that have preceded it, an authority in law, and an arsenal of precedent for future times. These "Reports" now fill one hundred and twenty-seven volumes. Formerly they bore the name of the reporter, but are now entitled United States Reports, and numbered, beginning with the ninety-first report.

It is evident that decisions on questions of law and fact submitted to nine of the ablest judicial minds of the nation, and so thoroughly sifted, weighed, criticised, and studied as we have seen these to be, must and should be considered authoritative and final. From the decisions of this court there is no appeal, neither for the citizen, nor for the State, nor for Congress itself.

Behind the Rotunda, with its confused throngs and