The American JudiciaryBaldwin, Simeon E. (Simeon Eben)
History
The American Judiciary
Baldwin, Simeon E. (Simeon Eben)
Courts -- United States; Law -- United States -- History
The Circuit Court of Appeals is held by three judges, two
constituting a quorum. Those generally sitting are the Circuit
Judges belonging to the circuit. The Justice of the Supreme
Court assigned to the circuit may also sit, and any of the
District Judges in the circuit can be called in.
Except in a very limited class of cases, the decision of this
court is final, unless the Supreme Court, on special application,
should think the questions involved to be of sufficient
importance to require a review, when it can order the record sent
up to Washington for that purpose. The Circuit Court of Appeals
can also of its own motion certify up any questions in a cause to
the Supreme Court for its instructions before making a final
disposition of it.
The Supreme Court has direct appellate jurisdiction over the
District and Circuit Courts in cases turning on the limits of
their jurisdiction, in prize causes, in equity suits by the
United States under the statutes regulating inter-State commerce,
and in all cases involving the construction or application of the
Constitution of the United States, or of a treaty. Appeals also
lie to it from judgments of conviction in the Circuit Court for
capital offenses.[Footnote: 29 U. S. Statutes at Large, 492; 32
_ib_. 823.]
The consequence of the Circuit Courts, which had been impaired by
the practical withdrawal of the justices of the Supreme Court,
was further lessened by the creation of the Circuit Court of
Appeals. Before that their judgments in most cases were final.
In criminal causes there was no appeal, and in ordinary civil
causes none after 1875, unless the matter in controversy exceeded
$5,000 in value. This left the life, liberty and property of the
citizen top much in the hands of one man; and the people, led by
the bar, insisted on stripping him of powers so liable to
abuse.[Footnote: See an attack on a similar state of things
existing in Louisiana at one time in the District Court, by
Edward Livingston in 1826. Hunt, "Life of Edward Livingston,"
302, 303.] No sovereign can be sued in his own courts without
his consent. The United States consent to be sued on most claims
against them of a contractual nature, which they may dispute.
For this purpose a Court of Claims has been established at
Washington, consisting of a Chief Justice and four associates.
Originally it was little more than an administrative bureau; but
by successive amendments of the law it has come to have fully a
judicial character,[Footnote: United States _v._ Klein, 13
Wallace's Reports, 128, 144; 24 U. S. Statutes at Large, 505.]
except in one particular. It is a general principle that a court
will make no decree that it cannot enforce. The Court of Claims
cannot issue an execution to enforce its judgments. Money can be
drawn from the treasury of the United States only to meet
appropriations made by Congress. An appropriation is made by
each Congress of a gross sum to satisfy any judgments that have
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