s, secretly
importing dutiable goods without paying the duties, infringements of
patent rights, &c., are prosecuted in courts of the United States.
Sec.5. The third clause of this section declares, that "the trial of all
crimes, except in cases of impeachment, shall be by jury; and such trial
shall be held in the same state where the said crimes shall have been
committed." This is intended to secure the trial of the accused among
his friends and acquaintances, and near the residence of his witnesses,
whose attendance in a distant state could not be had without great
inconvenience and expense, which might deprive him of the benefit of an
important witness.
Sec.6. There are three kinds of national courts: the supreme court, circuit
courts, and district courts. Every state constitutes at least one
district. The larger states are divided into two or more districts. In
each district is a _district judge_, who holds a court four times a
year. There are also in each district, a _district attorney_, to conduct
suits on the part of the United States, and a _marshal_, whose business
is similar to that of a sheriff. This court tries the more common civil
cases, arising under the laws of the United States, and the lower crimes
against the laws of the United States, committed on land and sea. This
court has in some cases a jury.
Sec.7. There are nine _circuits_, each embracing several states. In each
circuit is a justice or a judge, who holds a court in his circuit twice
a year. The district judge of the district in which a circuit court is
held, sits with the circuit judge in holding a circuit court. This court
tries causes between citizens of different states, between aliens and
citizens, and those in which the United States are a party. It also
tries some cases in appeal from the district courts. It tries matters
relating to affairs on the high seas, and all felonies punishable with
death. It has a grand and a petit jury.
Sec.8. The _supreme court_ is composed of the nine judges of the circuit
courts, one of whom is chief-justice, the others are called associate
justices. It holds one session annually at the seat of government,
commencing in January or February, and continuing about two months. It
will be seen from this section of the constitution, that this court has
_original_ jurisdiction in but few cases. Its principal business is to
rejudge cases brought up from the circuit courts.
Sec.9. An important object of a s
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