17. This is an extraordinary court, and its, sittings are of rare occurrence. It is men tioned in the constitution under the head of the legislative, and not the judicial, power, and is not usually intended when speaking of the judicial tribunals of the country, which comprehend rather the ordinary courts of law, equity, etc. ; and it would be out of place to treat at large of this tribunal here. For instances in which it has been convened, see the impeachments of Judge Chase, in 1804, Judge Peck, in 1831, and Judge Humphreys, in 1862.
The Supreme Court.
18. The constitution of the United States directs that 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.
Organization. The judges of the supreme court are appointed by the president, by and with the consent of the senate. Const. art. 2, sect. 2. They hold their office during good be havior, and receive for their services a compen sation which is not to be diminished during their continuance in office. Const. art. 3, sect. 1. They consist of a chief justice and nine associate justices. Act of March 3, 1837, sect. 1, and act of March 3, 1863, sect. 1. The salary of the chief justice is now six thousand five hundred dollars, and that of the associate justices six thousand dollars each. Act of 1855, 10 Stat. at Large, 655. The associate for the tenth circuit is allowed one thousand dollars additional. Act of March 3, 1863, sect. 2.
Six judges are required to make a quo rum, act of March 3, 1863, sect. 1 ; but by the act of the 21st of January, 1829, the judges attending on the day appointed for holding a session of the court, although fewer than a quorum,—at that time four,—have authority to adjourn the court from day to day for twenty days after the time appointed for the commencement of said session, unless a quo rum shall sooner' attend; and the business shall not be continued over till the next ses sion of the court, until the expiration of the said twenty days. By the same act, if, after the judges shall have assembled, on any day less than a quorum shall assemble, the judge or judges so assembling shall have authority to adjourn the said court from day to day until a quorum shall attend,.and, when expedient and proper, may adjourn the same without day.
The supreme court is holden at the city, of Washington. Act of April 29, 1802. The session commences on the second Monday of January in each and every year. Act of
May 4, 1826.. The first Monday of August each year is appointed as a return day. Act of April 29, 1802. In case of a contagious sickness, the chief justice or his senior asso ciate may direct in what other place the court shall be held, and the court shall ac cordingly be adjourned to place. Act of February 25, 1799, sect. 7. The officers of the court are a clerk, who is appointed by the court, a marshal, by the president by and with the advice and consent of the senate, a crier, and other inferior officers.
19. The Jurisdiction of the supreme court is either original or appellate, civil or crimi nal. The constitution establishes the supreme court and defines its jurisdiction. It enume rates the cases in which its jurisdiction is original and exclusive, and defines that which is appellate. See 11 Wheat. 467. The pro visions of the constitution that relate to the original jurisdiction of the supreme court are contained in the articles of the constitution already cited, sect. 1.
By the act of September 24, 1789, sect. 13, the supreme court shall have exclusive juris diction of all controversies of a civil nature where a state is a party, between a state and its citizens, and except, also, be tween a state and citizens of other states, or aliens, in which latter case it shall have ori ginal, but not exclusive, jurisdiction ; and shall have, exclusively, all such jurisdiction of suits or proceedings against or other public ministers, or their domestics or domestic servants, as a court of law can have or exercise consistently with the law of nations ; and original, but not exclusive, jurisdiction of all suits brought by ambassa dors or other public ministers, or in which a consul or vice-consul shall be a party. And the trial of issues in fact, in the supreme court, in all actions at law, against citizens of the United States, shall be by jury.
20. Many cases have occurred of contro versies between states, amongst which may be mentioned that of Rhode rsland v. Massa chusetts, 4 How. 491, in which the attorney general of the United States is authorized by act of congress, 11 Stat. at Large, 382, to in tervenc ; Missouri v. Iowa, 7 How. 660, and 10 How. 1; and Alabama v. Georgia. 23 How. There are now (1860) pending two other cases, viz.: Florida v. Georgia, and Missouri v. Kentucky. The state of Pennsylvania flied a bill against the Wheeling & Belmont Bridge Company, for the history of which see 18 How. 421, and the previous proceedings therein noted.