PART 1. sury, prescribed by the act of May 15, 1820.1 The act of 1830 directs "that when any suit or action for the recovery of any fine, penalty or forfeiture shall be instituted or commenced, a statement of such suit or action shall be immediately transmitted to the solicitor of the treasury, by the attorney instituting the same." The act also, as we have seen, empowers the solicitor to give instructions to the district attorneys; and they are required, at the end of each term, to forward to him a full and particular statement of the cases in which the United States are a party, decided during the term and of those To report still pending. They are required also, by the act of torney gen- August 2, 1861, as we have seen, to make reports to conform to the attorney-general, and conform to his instruc to the at eral and his instruc tions. May ap point substitutes, when. tions.3 Whenever the district attorney shall find it impossible to attend a court, he may engage some fit person residing near the place where the court is to be held, to supply his place, who shall receive for his services the same compensation that the district attorney would have been entitled to if he had acted in person, provided the necessity of such substitution shall be satisfactorily shown to the secretary of the interior." 'Ch. 153: 4 Stat, at Large, p. 414. This act requires the attorneygeneral, at the request of the solicitor, to advise with and direct him as to the manner of conducting suits and prosecutions. 2 Vide, supra, "Marshal." 3 As to the practical effect of this act, vide, supra, "Marshal." Important duties are enjoined on these officers by acts passed in consequence of the rebellion. Among these are the acts of July 17, 1862, ch. 204 (12 Stat. at Large, p. 608), regulating proceedings in cases of prize; the act of March 2, 1863, ch. 67 (12 Stat. at Large, p. 698), to prevent and punish frauds; and the act of February 25, 1863, ch. 59 (12 Stat. at Large, p. 682), to provide a national currency. * Act of August 16, 1856, ch. 124, § 14: 11 Stat, at Large, p. 51. emolu The fees and emoluments of the district attorneys CHAP. 10. are prescribed by an act of congress, a copy whereof Fees and may be found in the appendix to this work. By ments. antecedent enactments small salaries, in addition to fees for specific services had been allowed to the district attorneys for most of the districts. The strong language of the recent act above referred to, seems to infer an intention on the part of congress to abolish these salaries, though there may be ground for the opposite construction. But the provisions of this act relative to the compensation of district attorneys have been essentially modified by a subsequent act allowing to these officers two per centum of all moneys collected or realized in any suit or proceeding arising under the revenue laws, conducted by them in which the United States is a party, in lieu of the fees prescribed by the former act. And the same act further directs that in all suits or proceedings against collectors or other officers of the revenue, for any act done by them, or for the recovery of any money exacted by or paid to such officer for the United States, in which the district attorney or other attorney shall be directed to appear for such officers, such attorney shall be allowed for his services, such sum as the court shall certify to be reasonable and proper.1 7. Commissioners to take acknowledgments of bail, affidavits, depositions, &c. [Vide, supra, Organization of the Circuit Courts.] 'Act of March 3, 1863, ch. 76, §§ 11, 12: 12 Stat. at Large, p. 741. PART 1. CHAPTER XI. Criminal jurisdiction as originally conferred. Exclusive original ju of admi- OF THE JURISDICTION OF THE DISTRICT COURTS. By the judicial act of September 24, 1789, it is enacted: "That the district courts shall have, exclusive of the courts of the several states, cognizance of all crimes and offenses, that shall be 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 one hundred dollars, or a term of imprisonment not exceeding six months, is to be inflicted: and shall also have exclusive original cog. risdiction nizance 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 burden, 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 compeOf seizures tent to give it: And shall also have exclusive original cognizance of all seizures on land, or other waters than as aforesaid, made, and of all suits for penalties and forfeitures incurred, under the laws of the United States. And shall also have cognizance concurrent with the courts of the seve ral 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. And shall also have cognizance, concurrent as last mentioned, of all suits at common law, where the United States sue, and the matter in dispute amounts, exclusive of costs, to the sum or value of two hundred dollars. And shall also have jurisdiction, exclusive of the courts of the several states, of all suits against consuls, or vice-consuls, except for offenses above the description aforesaid. And the trial of issues in fact, in the district courts, in all causes, except civil causes of admiralty and maritime jurisdiction, shall be by jury." on land. Concur rent jurisdiction of the suits by aliens; and by the United Stateswhen. Of suits against consuls, except, &c. Trial by jury. 'Ch. 20, § 9: 1 Stat. at Large, p. 73. 1 tions im The eleventh section of the judicial act contains CHAP. 11. certain restrictions, affecting however as well the cir- Restric cuit as the district courts, and which have therefore posed by already been noticed in treating of the jurisdiction tion judiof the former courts. 11th sec cial act. tion ex It has already been stated also that by the act of Jurisdic March 3, 1815,' the jurisdiction of the district courts tended. (as also of the circuit courts), is extended to all suits at common law, in which the United States, or any officer thereof, under the authority of an act of congress shall sue, without regard to the amount in controversy. The act of February 25, 1863,2 authorizing banking associations, gives jurisdiction, without regard to the amount in controversy, as well to the district as to the circuit courts of all suits by and against such associations. within waters. By an act passed in 1794, it was "enacted and Captures declared that the district courts shall take cognizance American of complaints by whomsoever instituted, in cases of captures made within the waters of the United States, or within a marine league of the coasts or shores thereof;" and this provision is re-enacted in the act of 20th April, 1818,3 which embodies and repeals all the provisions of prior acts relative to our neutral relations. in The very limited criminal jurisdiction conferred by Criminal jurisdiction the judiciary act of 1789, has since been extended to extended. all cases not capital; and even in capital cases, dictments may be found in the district court to be transmitted for trial to the circuit court. 'Ch. 101, § 4: 3 Stat. at Large, p. 244. Ch. 58, § 59: 12 Stat. at Large, p. 681. Ch. 88, § 7: 3 Stat. at Large, p. 447. * Act of August 3, 1842, § 3: 5 Stat. at Large, p. 516. PART 1. Habeas corpus, &c. We have already seen that all the courts of the United States are authorized by the judicial act to issue writs of scire facias, of habeas corpus,1 “and all other writs not specially provided for by statute, which may be necessary for the exercise of their respective jurisdictions and agreeable to the principles and usages of law," and that the power to grant writs of habeas corpus for the purpose of inquiry into the cause of commitment, is given also to each 1 1 By an act relative to the army of the United States, passed March 3, 1799, ch. 48, § 4: 1 Stat. at Large, p. 751, a special authority is given to the judges of the district courts to issue the writ of habeas corpus in a case not embraced within this general provision. It is enacted “that all non-commissioned officers, artificers, privates, and musicians, who are, and who shall be enlisted, and the non-commissioned officers, artificers, privates and musicians of the militia, or other corps, who at any time may be in the actual service of the United States, shall be, and they are hereby exempted, during their time of service, from all personal arrests, for any debt or contract. And whenever any non-commissioned officer, artificer, private, or musician, shall be arrested, whether by mesne process, or in execution contrary to the intent hereof, it shall be the duty of the judge of the district court of the United States and of any judge of a court of a state, who by the laws of such state are authorized to issue the writ of habeas corpus, respectively, on application by an officer to grant a writ of habeas corpus returnable before himself: and upon due hearing and examination, in a summary manner, to discharge the non-commissioned officer, private, or musician, from such arrest, taking common bail, if required, in any case upon mesne process, and commit him to the applicant or some other officer of the same corps." But by the subsequent act of March 16, 1802, ch. 9, § 23: 2 Stat. at Large, p. 136, it is enacted, "that no non-commissioned officer, musician or private, shall be arrested or subject to arrest, or be taken in execution, for any debt under the sum of twenty dollars contracted before enlistment, nor for any debt contracted after enlistment." And by the last section of this act," so much of any act or acts now in force, as comes within the purview of this act," is repealed; "saving," &c. The only change in the prior law, made by this latter act, seems to be, that the persons named are rendered liable to arrest for debts of twenty dollars and upwards contracted before enlistment. It will be seen that the act of 1799 purports to confer on the state judges the power to issue the writ of habeas corpus. As to the authority of congress to do this, see, post, Part 4, chapter 2. |