The courts which congress is authorized by this section to establish do not include a court-martial, or a court for the administra tion of civil and criminal jurisdiction in conquered territory, which may be created by the president ; supra. See COURT-MAR TIAL.
The authority of congress to create new courts carries with it ea necessitate the pow er to define their jurisdiction ; Sheldon v. Sill, 8 How. (U. S.) 449, 12 L. Ed. 1147.
The provision that the compensation of a judge shall not be diminished prevents a tax upon his salary; Com. v. Mann, 5 W. & S. (Pa.) 415.
Sec. 2. The constitutional jurisdiction of the federal courts cannot be affected by state legislation ; Watson v. Tarpley, 18 How. (U. S.) 517, 15 L. Ed. 509; Lincoln County v. Luning, 133 U. S. 529, 10 Sup. Ct. 363, 33 L. Ed. 766; as by attempting to regulate execu tions ; Bank of U. S. v. Halstead, 10 Wheat. (U. S.) 51, 6 L. Ed. 264; or by the interfer ence of state courts or officers with persons or property within the jurisdiction of the federal court; Beers v. Haughton, 9 Pet. (U. S.) 329, 9 L. Ed. 145; Ableman v. Booth, 21 How. (U. S.) 506, 16 L. Ed. 169; or by a limitation of remedies within the state; Suy dam v. Broadnax, 14 Pet. (U. S.) 67, 10 L. Ed. 357 ; Lincoln County v. Luning, 133 U. S. 529, 10 Sup. Ct. 363, 33 L. Ed. 766; or by removing a case from one state court to an other; Hyde v. Stone, 20 How. (U. S.) 170, 15 L. Ed. 874. As to the attempts to limit to state courts the litigation by or against for eign corporations, see FOREIGN CORPORATION. The grant of judicial power includes both criminal and civil cases ; Tennessee v. Davis, 100 U. S. 257, 25 L. Ed. 648 ; but there is no common law jurisdiction in the federal courts in criminal cases; United States v. Hudson, 7 Cra. (U. S.) 32, 3 L. Ed. 259; though their implied powers include all that is necessary to enforce their jurisdiction; United States v. Hudson, 7 Cra. (II. S.) 32, 3 L. Ed. 259.
Cases at law under this section include all those usually embraced under that term, in cluding for example, proceedings for the con demnation of land under the power of emi nent domain; Chappell v. U. S., 160 U. S.
499, 16 Sup. Ct. 397, 40 L. Ed. 510; Kohl v. U. S., 91 U. S. 367, 23 L. Ed. 449; and those in equity are those which are included with in the English system of equity jurispru dence, and include all cases of which the English court of chancery would have diction; Boyle v. Zacharie, 6 Pet. (U. S.) 648, 8 L. Ed. 532 ; Mississippi Mills v. Cohn, 150 U. S. 202, 14 Sup. Ct. 75, 37 L. Ed. 1052; and the system of equity administered by the federal courts is determined by the practice in England, subject to changes by legislation or by rule of court; Boyle v. Zacharie, 6 Pet (U. S.) 648, 8 L. Ed. 532 ; but it cannot be affected by state legislation; Dravo v. Fabel, 132 U. S. 487, 10 Sup. Ct. 170, 33 L. Ed. 421; Hollins v. Iron Co., 150 U. S. 371, 14 Sup. Ct 127, 37 L. Ed. 1113.
A case "arising" under the constitution, laws or treaties of the United States means one which required for its decision a con struction of either ; Cohens v. Virginia, 6 Wheat. (U. S.) 264, 5 L. Ed. 257; Martin v. Hunter, 1 Wheat. (U. S.) 304, 4 L. Ed. 97; or which involves a right created or pro tected by them ; Patton v. Brady, 184 U. S. 608, 22 Sup. Ct. 493, 46 L. Ed. 713 ; New Or leans v. De Armas, 9 Pet. (U. S.) 224, 9 L. Ed. 109. See as to this point, JURISDICTION; FEDERAL QUESTION ; UNITED STATES COURTS. See those titles, generally, as to the subjects of the judicial power of the United States as enumerated in this section.
The clause relating to jury trials remains unaffected by the 6th Amendment ; Callan v. Wilson, 127 U. S. 540, 8 Sup. Ct. 1301, 32 L. Ed. 223; see JURY. As to the admiralty ju risdiction conferred by this section, see AD MIRALTY ; MARITIME LAW ; and other cognate titles.
The power of congress to designate the place of trial for offences not committed within any state includes the power to desig nate a place of trial for an offence previously committed; Cook v. U. S., 138 U. S. 157, 11 Sup. Ct. 268, 34 L. Ed. 906.
Sec. 3. As to treason, see that title. The provision as to proof applies to the trial and not the preliminary hearing ; Charge to Grand Jury, Treason, 2 Wall. Jr. 134, Fed. Cas. No. 18,276; 1 Burr's Trial 196.