« AnteriorContinuar »
A committee of revisal and unfinished
To consist of three business, and A committee of accounts,
members each. It is the duty of the committee of elections, to examine and report upon the certificates of election or other credentials of the members, and to take into their consideration all such petitions and other matters touching elections and returns, as may ferred to them by the house.
It is the duty of the committee of ways and means to take into consideration all such reports of the treasury department, and all such propositions relative to the revenue, as may be referred to them by the house ; to inquire into the state of the public debt, of the revenue and of the expenditures, and to report, from time to time, their opinion thereon; to examine into the state of the several public departments, and particularly into the laws making appropriations of monies, and to report whether the monies have been disbursed conformably with such laws; and also to report, from time to time, such provisions and arrangements as may be necessary to add to the economy of the departments, and the accountability of their officers.
It is the duty of the committee of claims to take into consideration all petitions and matters touching claims and demands on the United States, as shall be referred to them by the house, and to report their opirion thereon, together with such propositions for relief as to them shall seem expedient.
It is the duty of the committee of commerce and manufactures, to take into consideration all such petitions and matters touching the commerce and manufactures of the United States, as may be referred to them by the house, and to report, from time to time, their opinion thereon.
It is the duty of the committee on the public lands to take into consideration all petitions and matters respecting the lands of the United States that may be referred to them by the house ; and to report their opinion thereon, with such propositions for relief as to them shall seem expedient.
It is the duty of the committee on the post-office and postroads to take into consideration all such petitions and matters touching the post-office and post-roads as may be referred to them by the house, and to report their opinion thereupon, together with such propositions relative thereto, as to them shall seem expedient.
It is the duty of the committee for the district of Columbia to take into consideration all such petitions, or things, touching the district, as shall be referred to them by the house, and to report their opinion thereon, together with such propositions relative thereto, as to them shall seem expedient.
It is the duty of the committee of revisal and unfinished busi. ness to examine and report what laws have expired, or are near expiring, and require to be revived or further continued ; also to examine and report, from the journal of the last session, all such matters as were then depending and undetermined.
It is the duty of the committee of accounts to superintend and controul the expenditure of the contingent fund of the house, and to audit and settle all accounts which may be charged thereon ; and also to audit the accounts of the members for their travel to and from the seat of government, and their attendance in the house.
All committees are appointed by the speaker unless otherwise specially directed by the house, in which case they are appointed by ballot.
15. When any vacancy happens in the representation of any state in the house of representatives, the executive authority of the state issues a writ of election to fill such vacancy. A vacancy in the senate is filled by the state legislature; during their recess, temporary appointments are made by the governor of the state until the next meeting of the legislature, who then fill the vacancy.
V 16. The judicial power of the United States is vested in a supreme court, and in the district and circuit courts.
0 17. The judicial power extends to all cases, in law and equity, arising under the constitution and laws of the United States, and treaties 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 are 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 the citizens thereof, and foreign states, citizens, or subjects.
$ 18. All the judges of the United States hold their offices during good behaviour. Their salaries cannot be diminished during their continuance in office.
$ 19. The supreme court consists of a chief justice and six associate justices, any four of whom are a quorum. It holds one session annually, at the city of Washington, on the first Monday in February.
§ 20. The supreme court has exclusive jurisdiction 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 has VOL. I. PART 1.
original but not exclusive jurisdiction. It has 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 is a party. The supreme court also has appellate jurisdiction from the circuit courts, and courts of the several states, in certain cases. It also has power to issue writs of prohibition to the district courts, when proceeding as courts of admiralty and maritime jurisdiction, and writs of mandamus, in cases warranted by the principle and usages of law, to any courts appointed, or persons holding office, under the authority of the United States.
$ 21. The salary of the chief justice is $ 4000, and that of each of the associate justices $ 3500 per annum.
$ 22. The United States is divided into 20 districts, each of the states forming one district except Massachusetts and Tennessee, which are each divided into two; the former into Massachusetts and Maine, the latter into East and West Tennessee. There is a district court consisting of one judge for the two districts of East and West Tennessee; a district court consisting of two judges for the district of New York; and a district court consisting of one judge for each of the other districts. In most of the districts, there are four courts held annually, generally at the two principal places in the district alternately. In each of the districts of Pennsylvania and Maryland, the courts are held at only one place, namely, Philadelphia and Baltimore.
$ 23. The district courts have, exclusively of the courts of the several states, cognizance of all crimes and offences that are cognizable under the authority of the United States, committed within their respective districts, or upon the high seas; where no other punishment than whipping, not exceeding thirty stripes, a fine not exceeding 100 dollars, or a term of imprisonment not exceeding six months, is to be inflicted; and have also exclusive original cognizance of all civil causes of admiralty and maritime jurisdiction, including all seizures under laws of impost, navigation, or trade of the United States, where the seizures are made on waters which are navigable from the sea by vessels of ten or more tons burthen, within their respective districts as well as upon the high seas; saving to suitors, in all cases, the right of a common law remedy, where the common law is competent to give it. They have also exclusive original cognizance of all seizures on land, or waters other than navigable, and of all suits for penalties and forfeitures incurred
under the laws of the United States. They also have cognizance, concurrent with the courts of the several states, or the circuit courts, as the case may be, of all causes where an alien sues for a tort only in violation of the law of nations or a treaty of the United States. They also have cognizance, concurrent with the courts of the states, of all suits at common law where the United States sue, and the matter in dispute amounts, exclusive of costs, to one hundred dollars. They have also cognizance, exclusively of the courts of the several states, of all suits against consuls or vice-consuls, except for offences greater than those above mentioned.
24. A salaries of the district judges are as follow: in Vermont $800; in Maine, New Hampshire, Rhode Island, Connecticut, and Ohio, $1000; in New Jersey and Delaware $1200; in Kentucky, Tennessee, North Carolina, and Georgia, $1500; in Massachusetts, New York, Pennsylvania, and Maryland, $1600; in Virginia and South Carolina, $1800; and in Louisiana $2000 per annum.
$ 25. A circuit court consists of a justice of the supreme court and the district judge. The United States is divided into seven circuits, as follow: The first district includes the districts of New Hampshire, Massachusetts, and Rhode Island; the second those of Vermont, Connecticut, and New York; the third those of New Jersey and Pennsylvania; the fourth those of Maryland and Delaware; the fifth those of Virginia and North Carolina; the sixth those of South Carolina and Geors gia ; the seventh those of Kentucky, Tennessee, and Ohio. There is no circuit court in the districts of Louisiana and Maine. The district courts of those districts have jurisdiction of all causes cognizable in circuit courts, except in cases of appeals and writs of error, which in Louisiana lie to the
supreme court, and in Maine to the circuit court of Massachusetts. The circuit courts are held twice a year in each district.
26. The circuit courts have original cognizance, concurrent with the courts of the several states, of all suits of a civil nature at common law or in equity, where the matter in dispute exceeds, exclusive of costs, the sum or value of five hundred dollars, and the United States are plaintiffs, or petitioners; or an alien is a party; or the suit is between a citizen of the state where the suit is brought, and a citizen of another state. They have exclusive cognizance of all crimes and offences cognizable under the authority of the United States, with a few exceptions, and concurrent jurisdiction with the district courts, of the crimes and offences cognizable therein. No person can be arrested in one district for trial in another, in any civil action before a circuit or district court ; and no civil suit can be brought before either
court against an inhabitant of the United States, by any original process in any other district than that whereof he is an inhabitant, or in which he shall be found at the time of serving the writ; nor can any district or circuit court have cognizance
suit to recover the contents of any promissory note or other chose in action in favour of an assignee, unless a suit might have been prosecuted in such court to recover the contents if no assignment had been made, except in cases of foreign bills of exchange. The circuit courts have also appellate jurisdiction from the district courts under certain regulations and restrictions. In suits commenced in state courts, against an alien, or a citizen of another state, if the matter in dispute exceeds $500, the defendant may remove the cause for trial into the circuit court. And in any action commenced in a state court, where the title of land is concerned, whose value exceeds $500, if either party claims under a grant from a state other than that in which the suit is pending, the cause may be removed for trial to the circuit court, although the parties be citizens of the same state.
$ 27. The attorney general of the United States is the public prosecutor before the supreme court. It is likewise his duty to give his advice and opinion upon questions of law, when required by the president. He may also be consulted by the heads of departments, touching any matters that may concern those departments. He has a salary of $3000 per annum.
$28. The public prosecutors before the circuit and district courts are the district attorneys, of whom there is one in each district. These attorneys are compensated by fees, which are taxed by the respective courts. In Louisiana the district attorney receives an additional compensation of $600 per annum from the United States; there is also an allowance of $200 per annum to the attorney of each of the districts except Massachusetts, New York, Pennsylvania, Maryland, and South Carolina.
$ 29. There is a marshal for each district, with the powers of a sheriff, who attends both the district and circuit courts. His fees are regulated by law. The marshals for the districts of Maine, New Hampshire, Vermont, New Jersey, North Carolina, Kentucky, Ohio, East Tennessee, West Tennessee, and Louisiana, have each an additional compensation of $200 per annum from the United States.
30. There is a clerk of court in each district, who attends both district and circuit courts. Their fees and compensations for attending court, and for travelling to attend circuit courts, are fixed by law.