26. Under the revenue acts of March 3, 1839, 5 Stat. at Large, 349 ; of 1845, 5 Stat. at Large, 727; and of 1846, 9 Stat. at Large, 84, relating to the payment of duties under protest, and the return of the money under certain circumstances, in an action, against a collector for such return a writ of error to the supreme will not lie where the recovery, is for a less sum than two sand dollars, 21 Huw. 390 ; although by' the of 1844, 5 Stat. at Large, 658, such a writ will lie, without regard to the sum or value in controversy, at the, instance of either party, upon a final judgment in a circuit court in any civil action brought by the United States for the enforcement of the revenue laws or for the collection of duties due or alleged to be due.
27. The supreme court has also jurisdiction by writ of error from the final judgments and decrees of the highest courts of law or equity in a state, in the cases provided for by the twenty-fifth section of the are of September 24, 1789, the provisions of which have been given at large in a preceding part of this article. See 5 How. 20, '55. The appellate jurisdiction of the supreme court extends to all cases of the specified character pending in the state courts; and this section of the Judi ciary Act, which authorizes the exercise of this jurisdiction, in such cases, by writ of error, is supported by the letter and spirit-of the constitution. 1 Wheat. 304.
When the construction or validity of a treaty of the United States is drawn in ques tion in the state courts, and the decision is against its validity, or the title specially set up by either party under the treaty, the supreme court has jurisdiction to ascertain that title and to determine its legal mean ing. 1 Wheat. 358 ; 9 id. 738; 5 Cranch, 344 ; 1 Pet. 94 ; 6 id. 515; 9 id. 224 ; 10 id. 368.
28.. It has jurisdiction although one of the parties is a state and the other a citizen of that state. 6 Wheat. 264.
Under the twenty-fifth section of the Judi ciary Act, when any clause of the constitution or any statute of the United States is drawn in question, the decision must be against the title or right set up by the party under such clause or statute ; otherwise the supi.eme court has no appellate jurisdiction of the case. 3 Cranch, 268 ; 4 Wheat. 311; 6 id. 598 ; 7 id. 164 ; 12 id. 117, 129; 1 Pet. 655; 2 id. 241, 449 ; 5 id. 248 ; 6 id. 41; 11 id. 167.
When the judgment of the highest court of law of a state decides in favor of the validity of a statute of a state drawn in question on the ground of its being repug nant to the constitution of the United States, it is not a final judgment within the twenty fifth section of the Judiciary Act, if the suit has been remanded to the inferior court, where it originated, for further proceedings, not inconsistent with the judgment of the highest court. 12 Wheat. 135.
The words "matters in dispute," in the act of congress which is to regulate the jurisdic tion of the supreme court, seem appropriated to civil causes. 3 Cranch, 159. As to the manner of ascertaining the matter in dis pute, see 4 Cranch, 216, 316 ; 5 id. 13; 3 Dall. 365 ; 4 id. 22; 2 Pet. 243; 3 id. 33 ; 7 id. 634.
29. The supreme court has jurisdiction by certificate from the circuit court that the opinions of the judges are opposed on points stated, as provided for by the sixth section of the act of April 29, 1802. The provisions of the act extend to criminal as well as to civil cases. See 2 Cranch, 33 ; 7 id. 279 ; 2 Dall. 385 ; 4 Hall, Law Journ. 462; 5 id. 434 ; 6 id. 542 ; 12 id. 212. It has also juris diction by mandamus, prohibition, certiorari, and procedendo.
30. The criminal jurisdiction of the su preme court is derived from the constitution and the act of September 24, 1789, sect. 13, which gives the supreme court exclusively all such jurisdiction of suits or proceedings against ambassadors, or other public min isters or their domestics, as a court of law can have or exercise consistently with the law of nations. But it must be remembered that the act of April 30, 1790, sections 25 and 26, declares void any writ or process whereby the person of any ambassador,' or other public minister, their domestics or do mestic servants, may be arrested or impri soned.
The Circuit Courts.
31. Organization. The circuit courts are the principal inferior courts established by congress. There are ten circuits, in each of which a circuit court is held. The United States are first divided into districts (see " District Courts"), and the ten circuits are composed respectively of the following dis tricts, to wit:— The first circuit, of the districts of Maine, New Hampshire, Massachusetts, and Rhode Island. See acts April 29, 1802, March 26, 1812, and March 30, 1820.