American Institutions and Their InfluenceTocqueville, Alexis de
History
American Institutions and Their Influence
Tocqueville, Alexis de
Democracy; United States -- Politics and government
[144] The Union was divided into districts, in each of which a resident
federal judge was appointed, and the court in which he presided was
termed a "district court." Each of the judges of the supreme court
annually visits a certain portion of the Republic, in order to try the
most important causes upon the spot; the court presided over by this
magistrate is styled a "circuit court." Lastly, all the most serious
cases of litigation are brought before the supreme court, which holds
a solemn session once a year, at which all the judges of the circuit
courts must attend. The jury was introduced into the federal courts in
the same manner, and in the same cases as into the courts of the states.
It will be observed that no analogy exists between the supreme court
of the United States and the French cour de cassation, since the latter
only hears appeals. The supreme court decides upon the evidence of the
fact, as well as upon the law of the case, whereas the cour de cassation
does not pronounce a decision of its own, but refers the cause to the
arbitration of another tribunal. See the law of 24th September, 1789,
laws of the United States, by Story, vol. i., p. 53.
[145] In order to diminish the number of these suits, it was decided
that in a great many federal causes, the courts of the states should be
empowered to decide conjointly with those of the Union, the losing party
having then a right of appeal to the supreme court of the United States.
The supreme court of Virginia contested the right of the supreme
court of the United States to judge an appeal from its decisions, but
unsuccessfully. See Kent's Commentaries, vol. i., pp. 350, 370, _et
seq._; Story's Commentaries, p. 646; and "The Organic Law of the United
States," vol. i., p. 35
[146] The constitution also says that the federal courts shall decide
"controversies between a state and the citizens of another state." And
here a most important question of a constitutional nature arose, which
was, whether the jurisdiction given by the constitution in cases in
which a state is a party, extended to suits brought _against_ a state
as well as _by_ it, or was exclusively confined to the latter. This
question was most elaborately considered in the case of _Chisholme_ v.
_Georgia_, and was decided by the majority of the supreme court in the
affirmative. The decision created general alarm among the states, and
an amendment was proposed and ratified by which the power was entirely
taken away so far as it regards suits brought against a state. See
Story's Commentaries, p. 624, or in the large edition, § 1677.
[147] As, for instance, all cases of piracy.
[148] This principle was in some measure restricted by the introduction
of the several states as independent powers into the senate, and by
allowing them to vote separately in the house of representatives when
the president is elected by that body; but these are exceptions, and the
contrary principle is the rule.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account