39. The judges of the supreme court are not appointed as circuit-court judges, or, in other words, have no distinct commission for that purpose; hut practice and acquiescence under it tor many years were held to afford an irresistible argument against this objection to their authority to act, when made in the year 1803, and to have fixed the construction of the judicial system. The court deemed the contemporary exposition to be of the most forcible nature, and considered the question at rest, and not to be disturbed then. Stuart v. Laird, 1 Cranch, 308. If a vacancy exist by the death of the justice of the supreme court to whom the district was allotted, the district judge may, under the act of congress, discharge the official duties (Pollard v. Dwight, 4 Cranch, 428. See the fifth section of the act of April 29, 1802), except that he cannot sit upon a writ of error from a decision in the district court. United States v. Lancaster, 5 Wheat. 434.
40. It is enacted by the act of February 28,1830, sect. 2, that all the circuit courts of the United States shall have the appointment of their own clerks; and, in case of disagree ment between the judges, the appointment shall be made by the presiding judge of the court, The marshal of the district is an officer of the court, and the clerk of the district court is also clerk of the circuit court in such dis trict. Act of September 24, 1789, sect. 7.
Of the Jurisdiction of the Circuit Courts.
41. The jurisdiction of the circuit courts is either civil or criminal. • Civil Jurisdiction.
The civil jurisdiction is either at law or in equity. Their civil jurisdiction at law is 1st, Original ; 2d, By removal of actions from the state courts ; 3d, By writ of -mandamus; 4th, By appeal.
Original Jurisdiction.
The act of 1789, c. 20, sect. 11, defines their jurisdiction as follows :— " And be it further enacted, that the circuit courts shall have original cognizance, con current with the courts of the several states, of all suits of a civil nature at common law or in equity where the matter in dispute ex ceeds, exclusive of costs, the sum or value of five hundred dollars, and the United States are plaintiffs or petitioners, or an alien is a party, or the suit is between a citizen of the state where the suit is brought and a citizen of another state ; and shall have exclusive cognizance of •all crimes and offences cogniza ble under the authority of the United States, except where this act otherwise provides or the laws of the United States shall otherwise direct, and concurrent jurisdiction with the district courts of the crimes and offences cognizable therein. But no person shall be arrested in one district for trial in another in any civil acticn before a circuit court. And no civil suit shall be brought before either of said courts against an inhabitant of the United States by any original process in any other district than that in which he is an inhabitant or in which be shall be found at the time of serving the writ; nor shall any district or circuit court have cognizance of any suit to recover the contents of any promissory note or other chose in action in favor of an assignee, unless a suit might have been prosecuted in such court to recover the said contents if no assignment had been made, except in case of foreign bills of exchange."
42. The matter in dispute. In actions to recover damages for torts, the sum laid in the declaration is the criterion as to the matter in dispute. 3 Dall. 358. In an action of covenant en an instrument under seal, con taining a penalty less than five hundred dol lars, the court has jurisdiction if the declara tion demand more than five hundred dollars. 1 Wash. C. C. 1. In ejectment, the value of the land should appear in the declaration, 4 Wash. C. C. 624; 8 Cranch, 220 ; 1 Pet. 73 ; but though the jury do not find the value of the land in dispute, yet if evidence be given on the trial that the value exceeds five hundred dollars, it is sufficient to fix thejurisdiction ; or the court may ascertain its value by affidavits. I Pet. C. C. 73.
If the matter in dispute arise out of a local injury, for which a local action must be brought, in order to give the circuit court ju risdiction it must be brought in the district where the lands lie. 4 Hall, Law Journ. 78.
43. By various acts of congress, jurisdiction is given to the circuit courts in cases where actions are brought to recover damages for the violation 'of op at en t and copyrights, without fixing any amount as the limit. See acts of April 17.1800, sect. 4; Feb. 15,1819 ; 7 Johns. N. Y. 144; 9 id. 507.
44. The circuit courts have jurisdiction in cases arising under the patent laws. By the act of July 4, 1836, sect. 17, it is enacted "that all actions, suits, controversies, and cases arising under any law of the United States granting or confirming to inventors the exclusive 'right to their inventions or dis coveries, shall be originally cognizable, as well in equity as at law, by the circuit courts of the United States, or any district court having the powers and jurisdiction of a cir cuit court ; which courts shall have power, upon bill in equity filed by any party ag grieved, in any such case, to grant injunc tions, according to the course and princi ples of courts of equity, to prevent the viola tion of the rights of any inventor as secured to him by any law of the United States, on such terms and conditions as said courts may deem reasonable. Provided, however, that from all judgments and decrees from any such court rendered in the premises a writ of error or appeal, as the case may require, shall lie to the supreme court of the United States, in the same manner and under the same circumstances as is now provided by law in other ,judgments and decrees of circuit courts, and in all other cases in which the courts shall deem it reasonable to allow the same." 45. In general, the circuit court has no original jurisdiction of suits for penaltiea and forfeitures arising under the laws of the United States, nor in admiralty cases. 2 Dall. 365 ; 4 id. 342 ; Bee, Adm. 19.