a quorum. The associate justices have precedence according to the dates of their commissions, or, when the commissions of two or more of them bear the same date, according to their ages. In the case of a vacancy in the office of Chief-Justice, or of his inability to perform the duties and powers of his office, they devolve upon the associate justice who is first in precedence until such disability is removed or another ChiefJustice is appointed and duly qualified. This provision applies to every associate justice who succeeds to the office of Chief-Justice. The ChiefJustice's salary is $10,500 a-year, and that of each of the associate justices $10,000, payable monthly. The Supreme Court has power to appoint its clerk and marshal, and a reporter of its decisions. One or more deputies of the clerk may be appointed by the court on the application of the clerk, and may be removed at the pleasure of the court. In case of the death of the clerk, his deputy or deputies, unless removed, continue in office and perform the duties of the clerk, in his name, until a clerk is appointed and qualified; and for the defaults or misfeasance in office of any such deputy, whether in the lifetime of the clerk or after his death, the clerk and his estate, and the sureties in his official bond, are liable; and his executor or administrator has such remedy for any such defaults or misfeasances committed after his death as the clerk would be entitled to if the same had occurred in his lifetime.

The records and proceedings of the Court of Appeals, appointed previous to the adoption of the present Constitution, are kept in the office of the clerk of the Supreme Court, who gives copies thereof to any person requiring and paying for them in the manner provided by law for giving copies of the records and proceedings

of the Supreme Court; and these copies have like faith and credit with all other proceedings of said court. Annually, on the first day of January, or within thirty days thereafter, the clerk makes to the Secretary of the Treasury a return of all costs collected by him in cases disposed of at the preceding term or terms of the Supreme Court; and after deducting his compensation as provided by law, and the incidental expenses of his office, including clerk-hire, pays any surplus into the United States Treasury at the time of making his return. The expenses are certified by the Chief-Justice or justice of the court.

The marshal receives a salary at the rate of $3000 a-year. He attends the court at its sessions, serves and executes all process and orders issuing from it, or made by the Chief-Justice or an associate justice, in pursuance of law, and takes charge of all property of the United States used by the court or its members. With the approval of the Chief-Justice, he may appoint assistants and messengers to attend the court, with the compensation allowed to officers of the House of Representatives of similar grade. The reporter causes the decisions of the Supreme Court made during his office to be printed and published within eight months after they are made, and within the same time delivers 300 copies of the volumes of reports to the Secretary of the Interior; and in any year when so directed by the court, he causes to be printed and published a second volume of decisions, of which he delivers, in like manner and time, 300 copies. The reporter receives from the Treasury an annual salary of $4500 when his report constitutes one volume, and an additional sum of $1200 when, by direction of the court, he causes to be printed and published in any year a second volume; and he is annually entitled to clerk-hire in the

sum of $1200, and to office-rent, stationery, and contingent expenses in the sum of $600, provided the volumes of the decisions are furnished by the reporter to the public at a sum not exceeding $2 per volume, and the number of copies required to be delivered to the Secretary of the Interior is furnished by the reporter without any charge therefor. The 300 copies are distributed by the Secretary of the Interior as follows to the President, the justices of the Supreme Court, the circuit judges, the judges of the district courts, the judges of the Court of Claims, the judges of the supreme court of the District of Columbia, the judges of the several territorial courts, the Secretaries of (1) State, (2) Treasury, (3) War, (4) Navy, and (5) Interior; the Postmaster-General, the Attorney-General, the SolicitorGeneral, the Secretary of the Senate, for the use of the Senate, the Clerk of the House of Representatives, for the use of that House, the governors of territories, the Commissioners of (1) Agriculture, (2) Internal Revenue, (3) Indian Affairs, (4) Pensions, (5) General Land Office, (6) Patents, (7) Customs, (8) Education; the Paymaster-General, the first and second comptrollers of the Treasury, each of the six auditors of the Treasury, the Solicitor of the Treasury, the Register of the Treasury, the Treasurer of the United States, and the heads of such other executive offices as may be provided by law, of equal grade with any of the said officers, each one copy; to the Secretary of the Senate, for the use of the standing committees of the Senate, ten copies; and to the Clerk of the House of Representatives, for the use of the standing committees of the House, twelve copies; and the residue of said copies is deposited in the Library of Congress, to become a part of said library. The copies received by any officer as

stated, in case of his death, resignation, or dismissal from office, are delivered up to his successor in office.

The Supreme Court holds, at the seat of government, one term annually, commencing on the second Monday in October, and such adjourned or special terms as it may find necessary for the despatch of business. If at any session a quorum does not attend on the day appointed for holding it, the justices who do attend may adjourn the court from day to day for twenty days after said appointed time, unless there be sooner a quorum. If a quorum does not attend within the twenty days, the business of the Court is continued over till the next appointed session; and if during a term, after a quorum has assembled, less than that number attend on any day, the justices attending may adjourn the court from day to day until there is a quorum, or may adjourn without day. The justices attending at any term when less than a quorum is present may, within the twenty days, make all necessary orders touching any suit proceeding or process depending in or returned to the court, preparatory to the hearing, trial, or decision thereof.

Jurisdiction.

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, or between a state and citizens of other states, or aliens, in which latter cases it has original but not exclusive jurisdiction. And 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 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 has power to issue writs of prohibition in the district courts when proceeding as courts of admiralty and maritime jurisdiction; and writs of mandamus in cases warranted by the principles and usages of law, to any courts appointed under the authority of the United States, or to persons holding office under the authority of the United States, where a state, or an ambassador, or other public minister, or a consul or vice-consul, is a party.

The trial of issues of fact in the Supreme Court, in all actions at law against citizens of the United States, is by jury.

All final judgments of any circuit court or district court acting as a circuit court, in civil actions brought there by original process, or removed there from courts of the several states, and all final judgments of any circuit court in civil actions removed there from any district court by appeal or writ of error, where the matter in dispute, exclusive of costs, exceeds the sum or value of $5000, may be re-examined and reversed or affirmed in the Supreme Court upon a writ of error. An appeal is allowed from all final decrees of any circuit court, or of any district court acting as a circuit court, in cases of equity and of admiralty and maritime jurisdiction, where the matter in dispute, exclusive of costs, exceeds the sum or value of $5000; and the Supreme Court is required to receive, hear, and determine such appeals. final judgment or decree in any civil suit or proceeding before a circuit court which was held at the time by a circuit justice and a circuit judge or a district judge, or by the circuit judge and a district judge, wherein the said judges certify, as provided by law, that their opinions are opposed upon any question which oc

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curred on the trial or hearing of the said suit or proceeding, may be reviewed and affirmed or reversed or modified by the Supreme Court on writ of error or appeal according to the nature of the case, and subject to the provisions of law applicable to other writs of error or appeals in regard to bail and supersedeas. appeal is allowed to the Supreme Court from all final decrees of any district court in prize causes where the matter in dispute, exclusive of costs, exceeds the sum or value of $5000; and is allowed, without reference to the value of the matter in dispute, on the certificate of the district judge that the adjudication involves a question of great importance. And the Supreme Court receives, hears, and determines such appeals, and is always open for the entry thereof. The circuit court, in deciding cases of admiralty and maritime jurisdiction on the instance side of the court, finds the facts and conclusions of law upon which it renders its judgments or decrees, and states the facts and conclusions of law separately. And in finding the facts the court may, upon the consent of the parties who have appeared and put any matter of fact in issue, and subject to such general rules in the premises as are made and provided from time to time, impanel a jury of not less than five or more than twelve persons, to whom are submitted the issues of fact in such cause under the direction of the court, as in cases of common law. And the findings of the jury, unless set aside for lawful cause, are entered of record and stand as the findings of the court upon which judgment is entered according to law. The review of the judgments and decrees entered upon such findings by the Supreme Court upon appeal is limited to a determination of the questions of law arising upon the record, and to such

rulings of the circuit court excepted to at the time as may be presented by a bill of exceptions prepared as in actions at law.

When any question occurs on the hearing or trial of any criminal proceeding before a circuit court upon which the judges are divided in opinion, and the point upon which they disagree is certified to the Supreme Court according to law, such point is finally decided by the Supreme Court; and its decision and order in the premises is remitted to such circuit court, and is there entered of record, and has effect according to the nature of the judgment and order.

Upon the appeal of any cause in equity, or of admiralty and maritime jurisdiction, or of prize or no prize, a transcript of the record as directed by law to be made, and copies of the proofs and of such entries and papers on file as may be necessary on the hearing of the appeal, is transmitted to the Supreme Court: provided that either the court below or the Supreme Court may order any original document or other evidence to be sent up in addition to the copy of the record, or in lieu of a copy of a part thereof. And on such appeals no new evidence is received in the Supreme Court, except in admiralty and prize cases.

A writ of error may be allowed to review any final judgment at law; and an appeal is allowed from any final decree in equity, without regard to the sum or value in dispute; 1. Any final judgment at law or final decree in equity of any circuit court or of any district court acting as a circuit court, or of the supreme court of the District of Columbia, or of any territory, in any case touching patent rights or copyrights; 2. Any final judgment of a circuit court, or of any district court acting as a circuit court, in any civil action brought by the United States for the enforcement of

any revenue law thereof; 3. Any final judgment of a circuit court, or of any district court acting as a circuit court, in any civil action against any officer of the revenue for any act done by him in the performance of his official duty, or for the recovery of any money exacted by or paid to him which has been paid into the Treasury; 4. Any final judgment at law or final decree in equity of any circuit court, or of any district court acting as a circuit court, in any case brought on account of the deprivation of any right, privilege, or immunity secured by the Constitution of the United States, or of any right or privilege of a citizen of the United States; 5. Any final judgment of a circuit court, or of any district court acting as a circuit court, in any civil action brought by any person on account of injury to his person or property by any act done in furtherance of any conspiracy mentioned in section 1980, title "Civil Rights," of the United States Revised Statutes.

When an issue of fact in any civil cause in a circuit court is tried and determined by the court without the intervention of a jury, the rulings of the court in the progress of the trial of the cause, if excepted to at the time and duly presented by a bill of exceptions, may be reviewed by the Supreme Court upon a writ of error or upon appeal; and when the finding is special, the review may extend to the determination of the sufficiency of the facts found to support the judgment. The Supreme Court may affirm, modify, or reverse any judgment, decree, or order of a circuit court or district court acting as a circuit court, or of a district court in prize causes, lawfully brought before it for review, or may direct such judgment, decree, or order to be rendered, or such further proceedings to be had by the inferior

court as the justice of the case may require. The Supreme Court does not issue execution in a cause removed before it from said courts, but sends a special mandate to the inferior court to award execution thereupon.

The final judgments and decrees of the supreme court of any territory, and of the Territory of Washington, in cases where the value of the matter in dispute, exclusive of costs, to be ascertained by the oath of either party or of other competent witnesses, exceeds $5000, may be reviewed and reversed or affirmed in the Supreme Court upon writ of error or appeal, in the same manner and under the same regulations as the final judgments and decrees of a circuit court. And any final judgment or decree of the supreme court of said territory or district in any cause when the Constitution or a statute or treaty of the United States is brought in question, or a patent right or copyright is involved, may be reviewed in like manner. In all cases where the judgment or decree of any court of a territory might be reviewed by the Supreme Court on writ of error or appeal, such writ of error or appeal may be taken within the time and in the manner provided by law, notwithstanding such territory has, after such judgment or decree, been admitted as a state; and the Supreme Court shall direct the mandate to such court as the nature of the writ of error or appeal requires. The judgment or decrees of any district court in cases transferred to it from the superior court of any territory, upon the admission of such territory as a state, may be reviewed and reversed or affirmed upon writs of error sued out of, or appeals taken to, the Supreme Court, in the same manner as if such judgments or decrees had been rendered in said superior court of such terri

tory. And the mandates and all writs necessary to the exercise of the appellate jurisdiction of the Supreme Court in such cases are directed to such district court, which causes the same to be fully executed and obeyed.

An appeal to the Supreme Court is allowed on behalf of the United States from all judgments of the Court of Claims adverse to the United States, and on behalf of the plaintiff in any case where the amount in controversy exceeds $2500, or where his claim is forfeited to the United States by the judgment of said court. All appeals from the Court of Claims must be taken within ninety days after the judgment is rendered, and are allowed under such regulations as the Supreme Court may direct.

A final judgment or decree in any suit in the highest court of a state in which a decision in the suit can be had, where is drawn in question the validity of a treaty or statute of, or an authority exercised under, the United States, and the decision is against their validity, or where is drawn in question the validity of a statute of, or an authority exercised under, any state on the ground of their being repugnant to the Constitution, treaties, or laws of the United States, and the decision is in favour of their validity, or where any title, right, privilege, or immunity is claimed under the Constitution or any treaty or statute of, or commission held or authority exercised under, the United States, and the decision is against the title, right, privilege, or immunity specially set up, or claimed by either party under such Constitution, treaty, statute, commission, or authority, may be re-examined and reversed, or affirmed in the Supreme Court upon a writ of error. The writ has the same effect as if the judgment or decree complained of had been rendered or