The American JudiciaryBaldwin, Simeon E. (Simeon Eben)
History
The American Judiciary
Baldwin, Simeon E. (Simeon Eben)
Courts -- United States; Law -- United States -- History
Congress has made use of the State courts in certain cases as
part of the machinery of the federal government. While by the
Constitution "the judicial power of the United States" can only
be vested in the courts of the United States, the phrase as thus
used refers only to the power of judging causes in courts of
record. State courts and magistrates can therefore be given
jurisdiction by Congress over any acts in aid of the functions of
the United States, the supervision of which may be regarded as
ministerial, or as incidental to judicial power rather than a
part of it. They have received it in this way with respect to
such matters as seizure of deserters from a merchantman, the
arrest and commitment or bail of offenders against the criminal
laws of the United States, the taking of affidavits and
depositions for use in proceedings before federal authorities,
and the naturalization of aliens.[Footnote: Robertson _v._
Baldwin, 165 U. S. Reports, 275.]
State courts also have jurisdiction over any civil action to
enforce a right given by the laws of the United States, unless
Congress has otherwise provided. They constitute together with
the federal courts one general judicial system for the whole
country.[Footnote: Cluflin _v._ Houseman, 93 U. S. Reports,
130, 137; Calvin v. Huntley, 178 Mass. Reports, 29; 59
Northeastern Reporter, 435.]
Almost all American courts are known as "courts of record." A
court of record, in modern parlance, is one which tries causes
between parties and is required to keep a full official and
permanent record of its disposition of them. For this purpose
most courts are furnished with a recording officer, called the
clerk. His record is the only evidence of their judgments and
cannot be contradicted or impeached in any collateral proceeding.
If there is any error in it, it can only be shown on a direct
proceeding brought to correct it.
Justices of the peace, when authorized to try causes, act only in
small matters and in a summary way. In most States they are not,
when exercising this function, deemed to constitute a court of
record. Nor is any court, even though furnished with a clerk, if
its proceedings are not recorded in full, but simply made the
subject of brief notes or minutes,[Footnote: Hutkoff _v._
Demorest, 104 N. Y. Reports, 655; 10 Northeastern Reporter, 535.]
unless there is a statute or local practice giving such notes or
minutes the effect of a record.
Public-domain text, read in full here on John Shaqi.
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