affecting general interests, which were carefully determined beforehand.
The entire judicial power of the Union was centred in one tribunal,
which was denominated the Supreme Court of the United States. But, to
facilitate the expedition of business, inferior courts were appended to
it, which were empowered to decide causes of small importance without
appeal, and with appeal causes of more magnitude. The members of the
Supreme Court are named neither by the people nor the legislature, but
by the President of the United States, acting with the advice of the
Senate. In order to render them independent of the other authorities,
their office was made inalienable; and it was determined that their
salary, when once fixed, should not be altered by the legislature. *d
It was easy to proclaim the principle of a Federal judiciary, but
difficulties multiplied when the extent of its jurisdiction was to be
determined.
[Footnote d: 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 on questions of law. 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
September 24, 1789, "Laws of the United States," by Story, vol. i. p.
53.]
Means Of Determining The Jurisdiction Of The Federal Courts Difficulty
of determining the jurisdiction of separate courts of justice in
confederations--The courts of the Union obtained the right of fixing
their own jurisdiction--In what respect this rule attacks the portion
of sovereignty reserved to the several States--The sovereign
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