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established by Congress under its power to constitute tribunals inferior to the Supreme Court.1

128. Circuit and District Courts have jurisdiction only in cases which Congress, under the Constitution, has referred to them. The District Courts have power, subject to appeal to the Circuit Courts of Appeals, to try certain civil cases where the matter in dispute exceeds $50 in value, and in admiralty and maritime cases. The Circuit Courts have power to try, in the first instance, certain civil cases where the matter in dispute exceeds $500 in value. In criminal cases, punishable under federal law, capital offenses may be tried by the Circuit Courts only; all lesser offenses, by either the Circuit or District Courts.


129. Jurisdiction.-The nature of the questions that may come before federal courts rather than before State courts is fixed by the Constitution. These questions may be divided into two classes: "(1) Those in which it is manifestly proper that its authority, rather than the authority of a State, should control, because of the nature of the questions involved; for instance, admiralty and maritime cases, navigable waters being within the exclusive jurisdiction of the federal authorities, and cases arising out of the Constitution, laws, or treaties of the United States, or out of conflicting grants made by different States. (2) Those in which, because of the nature of the parties to the suit, the State courts could not properly be allowed jurisdiction; cases affecting, for instance, foreign ambassadors, who are accredited to the government of the United States, and with whom our only relations are national relations, whose privileges rest upon the sovereignty of the States they represent; or cases in

1 U. S. Const., Art. I., Sect. 8, Par. 9; Art. III., Sect. 1.

2 U. S. Const., Art. III., Sect. 2, Par. 1.

which the State courts could not have complete jurisdiction because of the residence of the parties; for instance, suits arising between citizens of different States."*

130. Circuit Courts of Appeals.-The Circuit Courts of Appeals have been established for the purpose of hearing cases on appeal from the District Courts and for relieving the Supreme Court. A Circuit Court of Appeals is established in each circuit. It consists of three judges: the Circuit Judge of the circuit in which the court is held, an additional Circuit Judge, and the Supreme Court Justice of the circuit. In case any one of these is absent, a District Judge in the circuit may sit in the court. The court meets annually, and hears on appeal such cases as Congress may direct to be brought before it.

131. Court of Claims.-The Court of Claims consists of five judges, and sits at Washington. Any person having a claim against the government lays the matter before this Court. The court reports its proceedings to Congress, which may then pass a bill to satisfy the claim.

132. All Federal Justices and Judges are appointed by the President, with the assent of the Senate,1 and hold office during good behavior." They may be removed upon impeachment and conviction. Any judge, after ten years' consecutive service, being seventy years of age, may retire on full pay if he desires. The compensation of the judges cannot be diminished during their term of office."

133. District Attorneys and Marshals.-For each district there is appointed a district attorney and a marshal. The district attorney is the law officer of the United

* Wilson, The State, p. 556.

1 U. S. Const., Art. II., Sect. 2, Par. 2.

2 U. S. Const., Art. III., Sect. 1.

3 U. S. Const., Art. II., Sect. 4.

States for the district. He has charge of all suits for the federal government. The marshal's duties are similar to those of a sheriff. He executes all the orders of the federal courts of his district, he arrests and keeps all prisoners charged with violating the federal laws, and so forth.

Questions on the Federal Judiciary.

1. Of what does the judiciary of the United States consist?

2. Tell what you can about the Supreme Court under the following heads:

(a) The names and residences of the present Chief Justice and Associate Justices;

(b) Time of session;

(c) Quorum;

(d) Original jurisdiction;

(e) Appellate jurisdiction.

3. What are the inferior federal courts called?

4. What is the nature of the jurisdiction of the federal courts?

5. What powers has Congress:

(a) Over the Supreme Court;

(b) Over Circuit and District Courts?

6. What power has the President over federal judges?

7. What are the duties of district attorneys and marshals?

8. What is meant by appellate jurisdiction?

9. What is meant by original jurisdiction?

10. What is meant by power to try cases "in the first instance?"





§ 1. Citizenship.

134. How Citizenship is Acquired.-The fourteenth amendment of the Constitution of the United States declares that "all persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside." There are, then, two ways in which one may become a citizen: (1) By birth in the United States, and (2) by naturalization. But in addition to one's being born in the United States, he must be subject to its jurisdiction. An illustration or two will indicate what is meant by this. Indians born in the United States, but still preserving their tribal relations, living on reservations, are not subject to the jurisdiction of the United States and are not citizens. Children born in the United States of foreign ministers or consuls temporarily residing in this country are not subject to the jurisdiction of the United States and are not citizens. Likewise, persons who have given up their citizenship in the United States by becoming citizens of foreign countries are no longer subject to the jurisdiction of the United States.

135. Naturalization. - Foreigners residing in the United States may be naturalized by proceedings before

1U. S. Const., Amend. XIV.


a court of law in accordance with a general law of Congress.1

The method of procedure which a foreigner desiring to become a citizen must pursue is as follows:

He must first appear before a court of law in the State or Territory in which he desires to exercise the right of citizenship, and declare his intention to become a citizen of the United States. Not less than two years later, and after a residence in this country of not less than five years, he must apply for citizenship, and upon showing that he has properly made a declaration of his intention, and renouncing allegiance to the government of which he was before a citizen, and taking the oath to be a loyal citizen of this country, such declarations being supported by two reliable witnesses, he may be admitted as a citizen of the United States.

The children born abroad of American citizens are themselves American citizens; children of foreigners residing in the United States may choose for themselves of which country they shall be citizens.

The residents of a foreign territory become naturalized citizens of the United States, when such territory, together with its inhabitants, is acquired by the United States. Thus, the inhabitants of the territory of Louisiana, of Florida, of Texas, and of portions of Mexico, became citizens of the United States when the country in which they lived became incorporated in the United States.

136. Loss of Citizenship.-Naturalization in one country implies a loss of citizenship in another. This loss of citizenship is called expatriation. A law of Congress declares that "expatriation is a natural and inherent right of all people, indispensable to the enjoyment of the rights of life, liberty, and the pursuit of happiness."

1 U. S. Const., Art. I., Sect. 8, Par. 4.

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