SS. Actions by or against consuls or vice consuls are within itsprisdictiori, exclusively, of the courts of the several states, except for offences where other 'punishment than whip ping not exceeding thirty stripes, a fins not exceeding one hundred dollars, or a term 'of imprisonment not exceeding six months, is inflicted.
For offences above this descriptiontormerly, the 'circuit court only had jurisdiction in cases of consuls. 5 Serg. &R. Penn, 545; 2 Dall. 299. But by the act of August 23, 1842, the. die trict courts shall have concurrent jurisdiction with the circuit courts of all crimes and offences against the United States the ment of which is not capital.. And byths I act of February 28, 1839, sect. 5, the punish.. went of whipping is abolished'. See also the act of 28th Sept. 1850, making appropria, tions for the naval service.
S9. Their Bankrupt jurisdiction is-given• under BANKRUPT, which see.
90—Equitable jurisdiction is given•• in certain cases. By the first section of the at of February 13, 1807, the judges of the •dis trict courts of the United States shall have as full power to grant writs of injunction, to operate within their respective districts, as is now exercised by any of the judges of the supreme court of the United States, under the same rules, regulations, and restrictions as are prescribed by the several acts of con gress establishing the judiciary of the United; States, any law to the contrary notwithstand ing. Provided, that the same shall not, un-• less so ordered by the circuit-court, continue longer than to the circuit then next ensuing; nor shall an injunction be issued by a district judge in any case where the party has had a reasonable time-to apply to the circuit court for the writ.
An injunction may be issued by the district judge under the act of March .3, 1820, sects. 4, 5, where proceedings have• taken place by warrant and distress against a debtor to the United States or his sureties, subject b sect. 6 to appeal to the circuit court fror•the decision of such districtjudge in refusing or dissolving, the injunction, if such appeal be 'allowed by a justice of the supreme court; on which, with an exception as to the necessity of an answer on the part of 'the United States, the proceedings are to be as in other cases.
91. The act of September 24, 1789, sect. 14, vests in the judges of the district courts power to grant writs of habeas corpus, for the purpose of an inquiry into the cause of commitment.
Other acts give them power to issue writs, make rules, take depositions, etc. The acts of congress already treated of relating to the privilege of not being sued out of the district of which the defendant is an inha bitant, or in which he is found, restricting suits by assignees, and various others, apply to the district court as well as to the circuit court.
92. By the ninth section of the act of September 24, 1789, the trial of issues in fact in the district courts, in all causes except civil causes of admiralty and maritime juris diction, shall be by jury. Serg. Const. Law.
226, 227.
93. The criminal jurisdiction of the dis trict court. By the act of August 23, 1842, sect. 3, it is enacted that the district courts of the United States shall have concurrent jurisdiction with the circuit courts of all crimes and offences against the United States the punishment of which is not capital.
94. There is a peculiar class of district courts possessing the powers of circuit courts to a great extent. See 32-34.
The Territorial Courts.
95. There are at present (1864) nine terri torial governments, viz.: New Mexico, Utah, Washington, Nebraska, Colorado, Dakota, Arizona, Idaho, and Montana, in each of which is a territorial court, consisting of a chief justice and two associate justices, who hold their offices for a term of four years. This circumstance is sufficient to show that these are not constitutional courts, that is, courts upon which judicial power is conferred by the constitution of the United States ; but their powers and duties are conferred upon them by the acts of congress which created them. It is not necessary to specify these. The chief judge and associate justices hold one term annually of the supreme court, and each territory is divided into three districts, in which each one of the judges holds a dis trict court. By a law passed in 1858, 4 Stat. at Large, 366, the judges of the supreme court of each territory are authorized to hold courts within their respective districts in the counties wherein, by the laws of said territories, courts have been or may be established, for the pur pose of hearing and determining all matters and causes except those in which the United, States is a party. The expenses thereof are to be paid by the territory or by the counties in which the courts are held. In all the territorial courts there is an appeal • to the supreme court of the United States where the value in dispute exceeds one thou sand dollars. In Washington this limit is extended to two thousand dollars, and an appeal or writ of error is allowed in all cases where the constitution of the United States, or acts of congress, or a treaty of the United States is brought in question. In the territory of Nebraska an appeal or writ of error lies to the supreme court of the United States, with out regard to the value in dispute, in all cases involving title to slaves, and also in decisions upon any writ of habeas corpus involving the question of personal freedom. Provided, that nothing shall affect the acts of 1793 and 1850 respecting fugitives, etc. Examples of acts constituting these courts may be found under the titles of the respective territories.