ments, the clerks in the Departments of the Treasury, War, Navy, the Interior, and the Post-Office, were arranged in four classes: The clerks in class number one receive an annual salary of $1200 each; those in class number two, $1400 each; those in class number three, $1600 each; those in class number four, $1800 each. § 502. No clerk can be appointed into either of the four classes until after he has been examined and found qualified, by a board to consist of three examiners, one of them to be the chief of the bureau or office into which he is to be appointed, and the two others to be selected by the head of the department to which the clerk is to be assigned. The same act distributed a certain number of clerks, of the different classes, among the various departments, as the whole permanent clerical force of such departments. § 503. Various laws have been passed by Congress for the purpose of securing, as far as possible, honesty and integrity in the persons connected with these departments of the government. Any officer of the United States, or person holding any place of trust or profit under or in connection with any executive department of the government, or under the Senate or House of Representatives, or any senator or representative, who shall act as agent or attorney for prosecuting any claim against the United States, or aid or assist in the prosecution of any claim, or receive any share of a claim for having aided in its prosecution, is, by an act of February 26, 1853, made liable to indictment, and upon conviction may be sentenced to pay a fine not exceeding $5000, or suffer imprisonment in the penitentiary not exceeding one year, or both, as the court in its discretion shall adjudge. § 504. The same act prohibits bribery, or the undue influencing of members of Congress, or any person hold ing any office of trust or profit in connection with any department of the government, or under the Senate and House of Representatives. The person giving and the person receiving the bribe, are each liable to indictment as for a high crime and misdemeanor, and upon conviction may be punished by fine or imprisonment; and the person receiving, if an officer, is also forever disqualified from holding any office of honour, trust, or profit under the United States. § 505. An act of Congress, passed August 23, 1842, declares that no officer in any branch of the public service, or any other person whose salary, pay, or emoluments is, or are, fixed by law or regulations, shall receive any additional pay or extra allowance or compensation whatever, for any other service or duty, unless the same shall be authorized by law, and the appropriation explicitly set forth that it is for such additional pay, extra allowance, or compensation. 18 CHAPTER XIII. THE JUDICIAL POWER. ARTICLE III. ARTICLE I. as we have seen, treats of the legislative department, and Article II. of the executive department. We now enter upon Article III., which treats of the judicial department. "Article III. SECTION. 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 su preme 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 Office." § 506. Prior to the adoption of the present constitution, the people of the United States, had not any national tribunal to which they could resort for justice. The administration of justice was confined to the State courts, in which the people of other States had no participation, and over which they had no control. There was then no general court of appellate jurisdiction, by which the errors of State courts, affecting either the nation at large or the citizens of any other State, could be revised and corrected. § 507. When laws became necessary to secure the interests of the confederacy, under the Articles of Confederation, and to exact obedience and punish disobedience by fines or otherwise, Congress was obliged to request the State legislatures to pass and enforce such laws. This was among the evils against which the people of the United States thought proper to provide by a national judiciary. Hence one of the objects of the new Constitution is stated in the preamble, to be "to establish justice." $508. The Constitution itself establishes one Supreme Court, but it leaves the establishment of inferior tribunals to Congress. § 509. By Art. II. sec. 2, clause 2, the President is authorized to nominate, and, by and with the consent of the Senate, appoint judges of the Supreme Court. The appointment of the judges of the inferior courts is also vested in the President by virtue of his authority to appoint all officers of the United States, whose appointments are not by the Constitution otherwise provided for. § 510. The judges, both of the supreme and inferior courts, hold their office, not necessarily for life, or for a definite term of years, but during good behaviour, and their compensation cannot be diminished during their continuance in office. The main object of these provisions is to make the judiciary independent of the other departments of the government, in order to insure boldness and honesty in the discharge of their duties. Nor, for the same reason, can the judges be removed from office by Congress or the President, except upon impeachment and conviction for treason, bribery, and other high crimes and misdemeanors. § 511. Though the salary of the judges cannot be diminished, it may be increased, during their continuance in office. If there was no power to increase their pay, according to the increase of business, during the life of the judges, it might happen that their compensation would become wholly inadequate to the additional amount of labour. § 512. The Supreme Court of the United States is composed of one chief justice and eight associate justices, and holds, at the city of Washington, one session annually, commencing on the first Monday of December. Any five of the justices constitute a quorum. The associates take precedence according to the date of their commissions, or, where they bear date on the same day, according to their ages. The salary of the chief justice is $6500 a year; of each of the associate justices, $6000. The following is a list of the chief justices of the Supreme Court of the United States : JOHN JAY, of New York. Appointed 26th September, 1789. Resigned. JOHN RUTLEDGE, of South Carolina. Appointed 1st July, 1795, in recess of the Senate. Rejected by the Senate 15th December, 1795. OLIVER ELLSWORTH, of Connecticut. Appointed 4th March, 1796. Resigned. JOHN MARSHALL, of Virginia. (Secretary of State.) Appointed 31st January, 1801. ROGER B. TANEY, of Maryland. Appointed 15th March, 1836. The following is a list of the present associate justices of the Supreme Court: JOHN MCLEAN, of Ohio. Appointed March 7, 1829. JAMES M. WAYNE, of Georgia. Appointed January 9, 1835. Appointed March 8, 1837. JOHN CATRON, of Tennessee. Appointed March 3, 1841. |