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368. If a vacancy happen by the death of the Judge of the Supreme Court to whom the Circuit is assigned, the District Judge may discharge all the duties of the Circuit Court for his district, except that he cannot sit on a writ of Error on a judgment of the District Court; and when the District Judge is absent, or has been Counsel, or is interested in the cause, the Circuit Court may be held by a Judge of the Supreme Court alone.
369. If an opposition of opinions between the Judge of the Supreme Court and the District Judge arise in a case in which the Circuit Court has original jurisdiction, it is certified to the Supreme Court, and thereupon the case is removed into that Court for a final judgment or decree; but in all cases of appeal or removal from a District, to a Circuit Court, judgment is to be rendered in the latter, in conformity with the opinion of the Judge of the Supreme Court.
370. The Circuit Courts have original and exclusive cognizance (except in certain cases hereafter mentioned,) of all crimes and offences cognizable under the authority of the United States, exceeding the degree of ordinary misdemeanors; and of those they have concurrent jurisdiction with the District Courts.
371. They have original cognizance, concurrently with the Courts of the several States, of all suits of a civil nature at Law or in Equity, where the matter in dispute exceeds five hundred dollars, and the United States are plaintiffs, or an alien is a party, or the suit is between a citizen of the State where it is brought and a citizen of another State.
372. The Circuit Courts have also original jurisdiction in Equity and at Law, of all suits arising under the acts of Congress relative to copyrights, and the rights growing out of Patents for new inventions and discoveries in the useful arts.
373. They have likewise original jurisdiction, concurrent with the District Courts, and with the Courts and Magistrates of the several States, of all suits at Common Law where the United States, or an officer thereof, sues under the authority of an act of Congress; although the matter in dispute does not exceed one hundred dqllars.
374. The Circuit Courts have appellate jurisdiction in all final decrees and Judgments of the District Courts, where the matter in dispute exceeds fifty dollars; and if any suit be commenced in a State Court against an alien, or by a citizen of the State in which the suit is brought, against a citizen of another State, and the matter in dispute exceeds five hundred dollars, the defendant, on giving security, may remove the cause to the Circuit Court for the District; and this right of removal is founded on the appellate power vested in the Courts of the United States over the State Courts in all cases of federal cognizance, which may be exercised as well before, as after Judgment.
375. The Circuit Courts of the United States, though inferior Courts in the language of the Constitution, are not so in the sense which the Common Law attaches to the term; nor are their proceedings subject to the narrow rules of interpretation which apply to inferior Courts of Common Law, and Courts of special jurisdiction. On the contrary, they are Courts of original and durable jurisdiction, and, as such, are entitled to liberal intendments in favour of their powers.
376. They are, nevertheless, Courts of limited jurisdiction; and have cognizance, not of cases gene
rally, but only of a few cases under special circumstances, amounting to a small proportion of those which an unlimited jurisdiction would embrace; and the legal presumption is, that a cause is without their jurisdiction until the contrary be shewn.
377. The District Courts of the United States were also created in virtue of the power granted to Congress by the Constitution, of erecting tribunals inferior to the Supreme Court."
378. The United States are at present divided into thirty-two Judicial Districts, and in general each District is composed of an entire State ; but in some of the larger States there are two Districts.
379. A Court is established in each District, con. sisting of a single Judge, who holds annually four stated terms, and also special Courts at his discretion ; and there is also a District Court for the District of Columbia, held by the Chief Justice of the Circuit Court for that District.
380. The District Courts have, exclusively of the State Courts, cognizance of all lesser crimes and offences cognizable under the authority of the United States, and committed either within their respective Districts, or upon the high seas, and which are punishable by fine not exceeding one hundred dollars, and imprisonment not exceeding six months. - 381. They have also exclusive original cognizance of all civil causes of Admiralty and Maritime jurisdiction; of seizures under the impost, navigation, and trade Laws of the United States, where the seizures are made on the high seas, or in waters within their respective Districts, navigable from the sea by vessels of ten or more tons burden; and of all other seizures under the Laws of the United States; and of all suits for penalties, or forfeitures incurred under those Laws.
384. They have, lastly, exclusive original cognizance of proceedings to repeal Patents obtained surreptitiously and upon false suggestions, and of complaints, by whomsoever instituted, in cases of capture made within the waters of the United States, or within a marine league of their coasts.
385. The Judges of the District Courts have, in cases where the party has not had reasonable time to apply to the Circuit Court, as full power as is exercised by the Judges of the Supreme Court, in granting Writs of Injunction in Equity causes, to operate within their respective Districts, and continue until the next sitting of the Circuit Court for the District.
386. The Courts of the Territories of the United States, have been created from time to time by Acts of Congress establishing TERRITORIAL Governments, in those parts of the Union which were either ceded by individual States for the common benefit, or, having been obtained by Treaty from foreign Nations,
were never comprised within the boundaries of any of the original members of the Confederacy.
387. In the Territory of Michigan, Congress has adopted the principle of the ordinance for the Government of the "Territory of the United States north-west of the river Ohio," passed .under the Confederation, by which the Judges hold their offices during good behaviour.
388. There is in Michigan a Supreme Court, consisting of three Judges (appointed by the President, with the advice and consent of the Senate), any two of whom form a Court, which possesses both a Common Law and Equity jurisdiction throughout the Territory. But a fourth Judge was subsequently added for certain remote counties, with an appeal to the Supreme Court of the Territory; and the powers * and duties of the subordinate Magistrates are regulated by the local Legislature.
389. In the Territories of Arkansas and Missouri, the Judicial Power is vested in a Superior Court, and in such inferior Courts as their respective Legislatures shall from time to time establish, and in Justices of the Peace. The Judges of the Superior Court are appointed by the President, with the advice and consent of the Senate, and those of the inferior Courts, as well as the local Magistrates, by the Governor of the Territory.
390. The Superior Court in each of these Territories is held at such times and places as the local Legislature directs, and is composed of three Judges, who continue in office for four years, unless sooner removed by the President, and have jurisdiction in all civil and criminal cases, and exclusive cognizance of all capital cases within their respective Territories.