that nothing therein contained should be construed to deprive the state courts of jurisdiction under the laws of the several states of offences made cognizable therein, were strictly constitutional and proper.

In no case can the circuit or district courts exercise jurisdiction, unless it be so provided by congress. The judicial part of the Constitution, except so far as relates to the supreme court, must be set in motion by congress. It is, therefore, proper to show to what extent the power has been exercised by congress, observing at the same time that nothing prevents them from extending the jurisdiction of those or other courts which they may hereafter ordain and establish, provided they do not exceed the limits of the Constitution.

The original jurisdiction of the circuit court now extends to suits in which the United States are plaintiffs or petitioners, to suits between citizens of different states and those in which an alien is a party, to suits relative to patents granted under the authority of the United States, and to suits brought by or against the Bank of the United States.

In criminal cases the circuit court has original jurisdiction of all crimes and offences cognizable under the authority of the United States, except, as we have seen, proceedings against ambassadors and other public ministers or their domestics, which, whenever a court of law can exercise a jurisdiction consistently with the law of nations, are reserved for the supreme court.

The original jurisdiction of the district court in civil cases includes all causes of admiralty and maritime jurisdiction; seizures under laws of impost, navigation or trade of the United States, made on waters navigable from the sea by vessels of ten or more tons burthen, within their respective districts or on the high seas; seizures on land, or other waters than aforesaid; penalties and forfeitures; suits brought by an alien for a tort only in violation of the laws of nations, or a treaty of the United States; suits at common law where the United States sue, and the matter in dispute amounts, exclusive of costs, to one hundred dollars; suits against consuls or vice consuls.

(

In criminal cases, cognizance is given to the district courts of all crimes and offences cognizable under the authority of the United States, committed within their respective districts, or on the high seas, when whipping not exceeding thirty stripes, a fine not exceeding one hundred dollars, or a term of imprisonment not exceeding six months is to be inflicted,* and with this qualification it may sustain prosecutions against consuls or vice consuls.

In respect to the latter, it deserves notice, that this legislative provision subjecting them in certain supposed cases to the jurisdiction of the lowest court in the Union, is somewhat at variance with the high rank that they are placed in by the Constitution. It cannot, however, be said to be inconsistent with the Constitution itself, which in respect to all the jurisdiction of the supreme court contains nothing exclusive of the inferior courts of the United States, yet the entire omission of this clause, which, qualified as it is, is really inoperative, would have better harmonized with the principles manifestly kept in view by the Constitution.

CHAPTER XXVI.

REMOVAL FROM STATE COURTS.

OTHER parts of the judicial power are by acts of congress provided for as follows :

If a suit be commenced in a state court against an alien, or by a citizen of the state in which a suit is brought against a citizen of another state; the defendant may have the benefit of the unbiassed judicatures of the United States, by removing the suit into the circuit court of the same district, provided it be done immediately, for the complainant ought not to suffer by the hesitation or delay of his opponent-but if the alien or citizen of another state has commenced the suit, he cannot afterwards remove it, for he is bound by his own election, nor can the defendant remove it, for he is not to be apprehensive of the injustice of the courts of his own state.

If there is a controversy in a state court respecting the title to land between two citizens of the same state, and either party shall make it appear to the court, that he claims and shall rely upon a right under a grant from a state other than that in which the suit is pending, and the other party claims under a grant from the last mentioned state, the party claiming under the grant first mentioned, whether plaintiff or defendant, may remove the suit to the circuit court for the same district, States; suits at common law where the United States sue, and the matter in dispute amounts, exclusive of costs, to one hundred dollars; suits against consuls or vice consuls.

In criminal cases, cognizance is given to the district courts of all crimes and offences cognizable under the authority of the United States, committed within their respective districts, or on the high seas, when whipping not exceeding thirty stripes, a fine not exceeding one hundred dollars, or a term of imprisonment not exceeding six months is to be inflicted,* and with this qualification it may sustain prosecutions against consuls or vice consuls.

In respect to the latter, it deserves notice, that this legislative provision subjecting them in certain supposed cases to the jurisdiction of the lowest court in the Union, is somewhat at variance with the high rank that they are placed in by the Constitution. It cannot, however, be said to be inconsistent with the Constitution itself, which in respect to all the jurisdiction of the supreme court contains nothing exclusive of the inferior courts of the United States, yet the entire omission of this clause, which, qualified as it is, is really inoperative, would have better harmonized with the principles manifestly kept in view by the Constitution.

CHAPTER XXVI.

REMOVAL FROM STATE COURTS.

OTHER parts of the judicial power are by acts of congress provided for as follows :

If a suit be commenced in a state court against an alien, or by a citizen of the state in which a suit is brought against a citizen of another state; the defendant may have the benefit of the unbiassed judicatures of the United States, by removing the suit into the circuit court of the same district, provided it be done immediately, for the complainant ought not to suffer by the hesitation or delay of his opponent-but if the alien or citizen of another state has commenced the suit, he cannot afterwards remove it, for he is bound by his own election, nor can the defendant remove it, for he is not to be apprehensive of the injustice of the courts of his own state.

If there is a controversy in a state court respecting the title to land between two citizens of the same state, and either party shall make it appear to the court, that he claims and shall rely upon a right under a grant from a state other than that in which the suit is pending, and the other party claims under a grant from the last mentioned state, the party claiming under the grant first mentioned, whether plaintiff or defendant, may remove the suit to the circuit court for the same district,