COURT OF CLAIMS 00 97 Except in the case of the senate as a court to try impeachments, and the mode prescribed for the appointment of the judges, the judicial system of the United States has been constructed under the authority derived primarily from the following pro visions of the federal constitution and the amend ments thereto, viz.: The judicial power of the United States shall be vested in one supreme court, and in such inferior courts as congress may, from time to time, ordain and establish. The judges, both of the supreme and inferior courts, shall bold 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.
The judicial power shall extend to all cases in law and equity arising udder 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 mari time jurisdiction; to controversies to which the United States shall he a party ; to controversies between two or more states, between a state and it citizen of another state, between citizens of differ ent states, between citizens of the same state claim ing lands under grants of different states, and be tween a state, or the citizens thereof, and foreign states, citizens, or subjects.
In all cases affecting ambassadors, other public ministers, and consuls, and those in which a state shall be party, the supreme court shall have origi nal jurisdiction. In all the other cases before mentioned, the supreme court shall have appellate jurisdiction, both as to law and fact, with such ex ceptions, and under such regulations, as congress shall make.
The trial of all crimes, except in eases of im peachment, shall be by jury ; and such trial shall he held in the state where the said crime shall have been committed; but when not committed within any state, tbe trial shall be at such place or places as congress may by law have directed. Conat. art.
3, sects. 1, 2.
The judicial power of the United States shall not be construed to extend to any suit in law or equity commenced or prosecuted against oue of the United States by citizens of another state, or by citizens or subjects of any foreign state. Amend ments, art. 11.
2. As the government of the United States pos sesses many of the attributes of sovereignty, while the state governments possess others, it results that the citizens are obliged to accommodate themselves to different judiciary systems. These two sets of courts frequently occupy the same house at the same time, and their judgments or decrees operate upon the same community and upon the same mass of property. It ie evident, therefore, that without great care, both in legislation and the administra tion of the law, there would be danger of clashing between these two classes of independent tribunals.
3. As respects criminal proceedings, each court generally confines itself to the administration of the laws of the government which created it. In civil cases, however, as the constitution of the United States has conferred jurisdiction upon the federal courts in cases, for example, where a citi zen of one state sues a citizen of another state, it is manifest that the court which tries such a case must administer the laws of the state in which the action is brought, subject to the constitution of the United States in cases which conflict with its provisions.
4. In the organization of the federal system of courts, there were two objects to be accomplished. The first was to prevent a clashing between the state and United States courts, by imposing re strictions upon the United States courts. The second was to carry out the mandates of the con stitution, by clothing the latter with all the powers necessary to execute its provisions. This organi zation was commenced by the act of 1789, familiarly known as the Judiciary Act. 1 Stat. at Large, 921.