Commentaries on the Jurisdiction, Practice, and Peculiar Jurisprudence of the Courts of the United States; Vol. 1, Containing a View of the Judicial Power, and the Jurisdiction and Practice of the Supreme Court of the United States (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1854. Excerpt: ... COMMENTARIES. BOOK I. THE JUDICIAL POWER OF THE UNITED STATES. CHAPTER I. CASES ARISING UNDER THE CONSTITUTION, LAWS, AND TREATIES. 1. The third Article of the Constitution of the United States, and the seventh and eleventh of the Amendments, contain the provisions by which the Judicial Power of the Union is denned. They declare as follows: Sec. 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 oflice." Sec. 2. "The judicial power shall extend to all cases in law and equity arising under this Constitution, the 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 the citizens thereof, and foreign states, citizens, or subjects. 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 the other cases before mentioned, the Supreme Court shall have appellate jurisdiction, both as to law and fact, with such exceptions and under such regul...