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strictions as to put it out of the power of that body to change the condition of the individual for the worse. A man may then be sure of the ground, upon which he stands; and can never be deterred from his duty by the apprehension of being placed in a less eligible situation. The clause, which has been quoted, combines both advantages. The salaries of judicial offices may, from time to time, be altered, as occasion shall require ; yet so as never to lessen the allowance, with which any particular judge comes into office, in respect to him. It will be observed, that a difference has been made by the convention between the compensation of the president and that of the judges. That of the former can neither be increased, nor diminished. That of the latter can only not be diminished. This probably arose from the difference in the duration of the respective offices. As the president is to be elected for no more than four years, it can rarely happen, that an adequate salary, fixed at the commencement of that period, will not continue to be such to its end. But with regard to the judges, who, if they behave properly, will be secured in their places for life, it may well happen, especially in the early stages of the government, that a stipend, which would be very sufficient at their first appointment, would become too small in the progress of their service.

§ 847. "This provision for the support of the judges bears every mark of prudence and efficacy; and it may be safely affirmed, that, together with the permanent tenure of their offices, it affords a better prospect of their independence, than is discoverable in the constitutions of any of the states, in regard to their own judges. The precautions for their responsibility are comprised in the article respecting impeachments. They

are liable to be impeached for maleconduct by the house of representatives, and tried by the senate; and, if convicted, may be dismissed from office, and disqualified for holding any other. This is the only provision

on the point, which is consistent with the necessary independence of the judicial character; and is the only one, which we find in our own constitution, in respect to our own judges."

§ 848. It is almost unnecessary to add, that, although the constitution has, with so sedulous a care, endeavoured to guard the judicial department from the overwhelming influence or power of the other coordinate departments of the government, it has not conferred upon them any inviolability, or irresponsibility for an abuse of their authority. On the contrary for any corrupt violation or omission of the high trusts confided to the judges, they are liable to be impeached, (as we have already seen,) and upon conviction to be removed from office. Thus, on the one hand, a pure and independent administration of public justice is amply provided for; and, on the other hand, an urgent responsibility secured for fidelity to the people.

§ 849. The judges of the inferior courts, spoken of in the constitution, do not include the judges of courts appointed in the territories of the United States under the authority, given to congress, to regulate the territories of the United States. The courts of the territories are not constitutional courts, in which the judicial power conferred by the constitution on the general government, can be deposited. They are legislative courts, created in virtue of the general sovereignty, which exists in the national government over its territories. The jurisdiction, with which they are invested, is not a part

of the judicial power, which is defined in the third article of the constitution; but arises from general sovereignty. In legislating for them, congress exercise the combined powers of the general, and of a state government. Congress may, therefore, rightfully limit the tenure of office of the judges of the territorial courts, as well as their jurisdiction; and it has been accordingly limited to a short period of years.

§ 850. The second section of the third article contains an exposition of the jurisdiction appertaining to the judicial power of the national government. The first clause is as follows: "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 admi'ralty and maritime jurisdiction; to controversies, to "which the United States shall be a party; to contro"versies 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."

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§ 851. And first, the judicial power extends to all cases in law and equity, arising under the constitution, the laws, and the treaties of the United States. And by cases in this clause we are to understand criminal, as well as civil cases.

§ 852. The propriety af the delegation of jurisdiction, "in cases arising under the constitution," rests on the obvious consideration, that there ought always to be some constitutional method of giving effect to

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constitutional provisions. What, for instance, would avail restrictions on the authority of the state legislatures, without some constitutional mode of enforcing the observance of them? The states are by the constitution prohibited from doing a variety of things; some of which are incompatible with the interests of the Union; others with its peace and safety; others with the principles of good government. The imposition of duties on imported articles, the declaration of war, and the emission of paper money, are examples of each kind. No man of sense will believe, that such prohibitions would be scrupulously regarded, without some effectual power in the government to restrain, or correct the infractions of them. The power must be either a direct negative on the state laws, or an authority in the national courts to overrule such, as shall manifestly be in contravention to the constitution. The latter course was thought by the convention to be preferable to the former; and it is, without question, by far the most acceptable to the states.

§ 853. The same reasoning applies with equal force to "cases arising under the laws of the United States." In fact, the necessity of uniformity in the interpretation of these laws would of itself settle every doubt, that could be raised on the subject. "Thirteen independent courts of final jurisdiction (says the Federalist) over the same causes is a Hydra in government, from which nothing but contradiction and confusion can proceed."

§ 854. There is still more cogency, if it be possible, in the reasoning, as applied to "cases arising under treaties made, or which shall be made, under the authority of the United States." Without this power,

there would be perpetual danger of collision, and even

of war, with foreign powers, and an utter incapacity to fulfil the ordinary obligations of treaties. The want of this power was (as we have seen) a most mischievous defect in the confederation; and subjected the country, not only to violations of its plighted faith, but to the gross, and almost proverbial imputation of punic insincerity.

§ 855. It is observable, that the language is, that "the judicial power shall extend to all cases in law and equity," arising under the constitution, laws, and treaties of the United States. What is to be understood by "cases in law and equity," in this clause? Plainly, cases at the common law, as contradistinguished from cases in equity, according to the known distinction in the jurisprudence of England, which our ancestors brought with them upon their emigration, and with which all the American states were familiarly acquainted. Here, then, at least, the constitution of the United States appeals to, and adopts, the common law to the extent of making it a rule in the pursuit of remedial justice in the courts of the Union. If the remedy must be in law, or in equity, according to the course of proceedings at the common law, in cases arising under the constitution, laws, and treaties, of the United States, it would seem irresistibly to follow, that the principles of decision, by which these remedies must be administered, must be derived from the same source. Hitherto, such has been the uniform interpretation and mode of administering justice in the courts of the United States in this class of civil cases.

856. Another inquiry may be, what constitutes a case, within the meaning of this clause. It is clear, that the judicial department is authorized to exercise jurisdiction to the full extent of the constitution, laws, and

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