Supreme Court of the United The Supreme Court of the United States, cre ated in 1789 after much discussion and consid eration and after many attacks had been made upon its proposed jurisdiction, now consists of nine justices, including the Chief Justice. The Chief Justice and the associate justices are ap pointed by the President, with the concurrence of the Senate. The justices are appointed for life and receive a sala of $14,500 a year, with the exception of the Chief ief Justice, who is paid $15,000 a year. The justices have a retiring pension of the same amount upon reaching the age of 70 years. The Court has original juris diction in all cases affecting ambassadors, other public ministers and consuls, and those actions in which a State is a party. It has appellate jurisdiction, which is final, and from its de cisions there is no appeal. It even has the power to declare void acts of Congress, or of the States, which it finds in conflict with the Federal Constitution. This great court has al ways upheld the national character of the Fed eral government, and has, while indicating the national policy, carefully guarded the reserved rights of the several States. Its decisions have not been confined to narrow questions of com mercial law, but have interpreted the Constitu tion and established the welfare of the nation. Within the great powers exercised by it, it re stricts congressional acts to constitutional lim its. Its jurisdiction extends over sovereign States as well as over the humblest of its citi zens. It has power to annul the statutes of any State in the Union whenever any such statute violates the Constitution and is in vio lence to civil right, the contracts, the currency or the intercourse of the people.
Hampton L. Carson, in his 'History of the United States Supreme Court,> says: °The establishment of the Supreme Court of the United States was the crowning marvel of the wonders wrought by the statesmanship of America. In truth the creation of the Supreme Court with its appellate powers was the great est conception of the Constitution. It embodied the loftiest ideas of moral and legal power, and although its prototype existed in the su perior courts of the various States, yet the majestic proportions to which the structure was carried became sublime. No product of gov ernment, either here, or elsewhere, has ever approached it in grandeur. Within its appro priate sphere it is absolute in authority. From its mandates there is no appeal. Its decree is law. In dignity and moral influence it out ranks all other judicial tribunals of the world. No court of either ancient or modern time was ever invested with such high The third article of the Federal Constitution provides for the establishment of the Federal courts. It embodies in three sections the sys tem from which has been developed the great est and wisest judicial system the world has ever known.
Section 1 vests the judicialpower of the United States in one Supreme Court, and in such inferior courts as Congress may from time to time ordain and establish, and regu lates the tenor of office of all Federal judges, prescribing their good behavior and guarantee ing their compensation against diminution.
Section 2 provides that the judicial power shall extend to all cases in law and equity aris ing under the 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 min isters and consuls, to all cases of admiralty 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. It also provides that in all cases affect ing ambassadors, other public ministers and consuls and those in which a State shall be a party, the Supreme Court shall have original jurisdiction. In all other cases before men tioned the Supreme Court shall have appellate jurisdiction both as to law and fact, with such exceptions and under such regulations as the Congress shall make. Section 2 also provides
that the trial of all crimes, except in cases of impeachment, shall be by jury and that such trials shall be held in the State where the said crime shall have been committed; but when not committed within any State, the trial shall be at such place or places as the Congress may, as by law, direct.
Section 3 provides: 1. Treason against the United States shall consist in levying war against them, or in adhering to their enemies, giving them aid and comfort. No person shall be convicted of treason unless on the testimony of two witnesses to the same overt act or on confession in open court. 2. The Congress shall have power to declare the punishment of trea son, but no attainder of treason shall work corruption of blood or forfeiture, except dur ing the life of the person attainted.
Before the adoption of the Constitution the great importance of such a court as the Supreme Court of the United States was discussed. As early as May 1783,. Alexander Hamilton called attention to the grievous defect in the Articles of Confederation in failing to provide a Federal court of last resort, especially for the settle ment of matters involving foreign nations. In the Federalist he wrote: °Laws are a dead let ter without courts which found and define their true meaning and operation. The treaties of the United States, to have any force at all, must be considered as part of the law of the land. Their true import, as far as respects individuals must, .like all other laws, be ascertained by judicial determination. To produce uniformity in these determinations they ought to be submit ted as a last resort to one supreme tribunal, and this tribunal ought to be instituted under the same authorities which form the treaties them James Madison and other statesmen of that day held practically the same view. It was from such ideas as these expressed by Mr. Hamilton and concurred in by his contemporaries that the Supreme Court of the United States took its rise, and when the main business of the Consti tutional Convention was begun, 28 May 1787, a provision for the creation of a national judi ciary was suggested, among a series of 15 resolutions relating to the adoption of the Con stitution, commonly known as the Virginia plan. The clause relating to the judiciary pro vided as •follows: °That a national judiciary be established, to consist of one or more su preme tribunals, and of inferior tribunals to be chosen by the national legislature. The judges to hold their office during good behavior, and to receive punctually, at stated times, fixed com pensation for their services, in which no in crease or diminution shall be made so as to affect persons actually in office at the time of such increase or diminution; that the jurisdic tion of the inferior tribunals shall be to hear and determine, in the first instance, and the supreme tribunal in the dernier ressort, all piracies and felonies on the high seas, captures from an enemy, cases in which foreigners or citizens of other States applying to such juris diction may be interested, or which respect the collection of the national revenues, the impeach ment of any national officers and questions which may involve the national peace or honor.) A resolution that a nationaljudiciary be established was unanimously passed by the con vention, which was made up chiefly of lawyers and four judges. Then followed a vigorous and protracted discussion as to the formation and the method of selecting the various judges. John Rutledge was against establishing any national tribunal except a single supreme one, and contended that the State tribunals might and ought to be left in all cases to decide in the first instance as to the right of appeal to the supreme national tribunal. He contended that to do otherwise was making an unnecessary encroachment on the jurisdiction of the States. He was supported in these con tentions by Roger Sherman. After the various plans and suggestions had been fully discussed, the convention committed to the people of the United States, on 17 Sept. 1787, the Constitution, containing the article (3) relative to the forma-1 tion of the Federal judiciary.