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ties, independent of the specific limitations imposed by the law and the Constitution, he is subject to no control, but is amenable only to his conscience and his country.
§ 321. As incident to the power of receiving ambassadors, the President has the power to reject and dismiss2 them.
§ 322. Incident to the executive functions is the power to perform them without let or hinderance.:
§ 323. SECTION 4TH. The President, Vice-President, and all civil officers of the United States, shall be removed from office on impeachment for, and conviction of, treason, bribery, or other high crimes and misdemea
In what mode this impeachment is to be made and tried, we have seen elsewhere. All officers are liable to this impeachment for offences, although there is no prohibition against other kinds of removal. · Federalist, 69.
2 Case of Genet, 5 Marshall, 443. * 3 Story's Comm. 419.
§ 324. SECTION 1st. 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 Supreme 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.
§ 325. The Supreme Court is instituted by the Constitution, but receives its organization from Congress. The Constitution left the number of the judges, the mode of its proceeding, and the character of its officers, to be subsequently determined by the Legislature. By successive acts, Congress have organized the Supreme Court by creating a Chief Justice and six Associate Justices, any four of whom make a quorum. It holds one annual term at the seat of government, and though four judges are necessary for general business, yet any one of them may make all the necessary orders preparatory to trial, and cne judge attends annually at the city of Washington for that purpose.
§ 326. The inferior courts organized by Congress are the Circuit and the District Courts. 3The Circuit Court is composed of one Judge of the Supreme Court and the District Judge, except when the District Judge is interested, when it may be held by the Circuit Judge. The number of Circuits is equal to the number of Su11 Kent's Comm. 279.
2 Acts of April, 1802; Feb. 1807. 3 Kent's Conım. 282.
preme Judges, and are composed of two or three districts generally, but some of the western states, as Indiana, Illinois, Missouri, &c., have no Circuit Courts.
§ 327. Another Court, inferior to the Supreme Court, is the District Court. This is composed of a single judge, who holds annually four terms, and special courts at his discretion. The districts are composed generally of a single state, but sometimes of a part of a state, as in New York and Pennsylvania.
The judges hold their offices during good behavior. Any other provision than this would place them at the mercy of the other branches of the government. It is plain that the members of distinct branches of the government must be wholly independent of the other branches, or the whole would soon become mixed up into one absorbing power. In the state of New-York, sixty is the age at which a judge's office expires, and in Connecticut, seventy. These were both, however, provisions made to answer a temporary and party purpose. They are as anomalous in jurisprudence as they are contrary to the maxims derived from uniform experience. Youth for energy and age for judgment are rules everywhere illustrated in human life. The ablest judges that ever adorned England and America, Mansfield and Marshall, gave their best decisions after the age of seventy.
§ 328. Their compensation shall not be diminished while in office. This is obviously necessary.
Life depends upon sustenance, and to take from the judges their salaries would drive them from office.
$329. Clause 2. SECTION 2D. The judicial power shall extend to all cases in law and equity arising under this Constitution, the laws of the United States, and treaties made, or which shall be made, under their authority; to all cases affecting ambassadors, other public ministers, and consuls; to all cases of admiralty and maritime jurisdic
1 Kent's Comm. 283.
tion; to controversies to which the United States shall be a party; to controversies between two or more states; between a state and citizens of another state; between citizens of different states; between citizens of the same state, claiming lands under grants of different states; and between a state, or the citizens thereof, and foreign states, citizens, or subjects. In such cases the appeal is to the state legislature.
The 11th amendment to the Constitution declares, that The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by citizens of another state, or by citizens or subjects of any foreign state.
§ 330. The jurisdiction of the Supreme Court is here made coextensive with national objects, and independent of other branches of the government. “There is no liberty if the judiciary power be not separated from the legislative and executive powers."I The Constitution and the laws of the United States are to be construed and adjudged of by the Supreme Court. How could they be adjudged by the State Courts without at once making the States superior to the Union? Yet it must be observed, that the state, as well as the other courts, have the power to construe United States and all other laws, when they come incidentally in question upon the trial of a cause.
§ 331. All matters in relation to treaties, public ministers and consuls, admiralty and maritime jurisdiction, come under the sole cognizance of the Supreme Court. These things belong to the laws of nations; hence, only a national court can sit upon
them, The Supreme Court is the national court of the United States, and in this single clause, we see at once the wide distinction placed by the Constitution between the United States' Courts and the State Courts. By this, taken in con
1 Montesquieu's Esprit de Loix, book 11, chap. 6.
nexion with the other clauses upon the jurisdiction of the Supreme Court, and the prohibitions upon the states, the Supreme Court is made a national, while the State Courts are merely municipal courts.
§ 332. The next sentence is in perfect conformity to this principle; for if the Supreme Court be national, it is the proper arbiter between the different States, and in relation to all controversies which involve the rights and laws of different states. Accordingly, the Constitution gives the court jurisdiction of controversies between two or more states; between a state and the citieens of other states, or foreign states when the state is not defendant; and between citizens of the same state, claiming under grants of different states. The simple reading of these provisions is a sufficient answer to every theory which supposes that the states have sufficient power to annul the laws of the Union. In this article a tribunal is erected superior to all state courts, and by the express direction of the Constitution, a competent arbiter between the states themselves. “There must be some tribunal, than which there can be no higher,” is an axiom self-evident in all governments which purport to have system and stability; for without it they must become mere anarchies. In the Supreme Court, the Constitution has established that tribunal in the United States, and it is manifest, that within its jurisdiction, pointed out by the Constitution, it is above all others. When we go behind this, there is nothing left but the people,—whose work the Constitution itself iso-but, who cannot be appealed to against their own laws, till they have first resolved those laws to be a nullity, and themselves into a state of nature.
This is a right which is left to all people of all nations, savage and civilized,—the right of rebellion,-never to be exercised till sufferance is exhausted. Provision is made, as we shall see hereafter, for amending the Constitution, but this presupposes a constitution, and a government;