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8 680. The rules for the Senate are nearly the same with those of the House: indeed substantially, all parliamentary bodies in this country observe the same rules.
§ 681. After a bill has passed, it is carefully engrossed by the Clerk, and sent to the other House by a proper person. When a bill has passed both Houses, it is duly enrolled on parchment, by the Clerk of the House of Representatives, or Secretary of the Senate, before it is presented to the President. After they are enrolled, they are examined by a joint committee of the Senate and House of Representatives, who carefully compare the enrollment with the engrossed bills, and correcting any errors that may be discovered in the engrossed bills, make their report forthwith to the Houses. After examination and report, each bill is signed in the respective houses, first by the Speaker of the House of Representatives, then by the President of the Senate, and after being thus signed, is presented by the committee to the President of the United States for his approbation; it being endorsed on the back of the enrollment in which House the same originated. No bill that has passed one House is sent to the other for concurrence within the three last days of the session.
§ 682. The signature of the President is affixed to all bills which meet his approbation, and this completes the last act of practical legislation. When bills are thus completed, they make a part of the laws of the nation, and from the day mentioned in the bill, take effect accordingly.
3D. OF THE JUDICIARY. 8 683. By Art. 3d, Sect. 1st, of the Constitution, the Judicial power of the United States is vested in a Supreme Court, and such inferior courts as Congress may appoint. By Sect. 8 of Art. 1, Congress have power to make all laws necessary and proper to carry these
provisions into execution. Accordingly, in September, 1789, Congress passed the Judiciary Act, which has since been frequently amended, organizing the Supreme and Inferior Courts, and prescribing the mode of action.
8 684. The Courts established are, first, a Supreme Court, consisting of a chief-justice and six associates; 2d. A District Court, consisting of one judge for each district, of which there are many; 3d. A Circuit Court, consisting of one judge of the Supreme Court, and the district judge in connection.
§ 685. Under other heads, we have seen what was the jurisdiction of these courts: we are here to learn in what mode they operate, and what functions they perform. These may be considered, 1st, as to the objects which courts effect; 2dly, as to the means of effecting them; and 3dly, as to the mode by which their decisions are carried into execution.
§ 686. 1. As to the objects of Courts of Justice. The general object of all courts is to administer justice.' It is to enforce right, and punish or repress wrong. Thus, for example, if James has a right to a field, which Paul has taken and keeps, James may appeal to the Court, and that will give judgment against Paul, and restore the field to James; or if Paul being rightfully in possession of the field by a lease for cultivation, commits waste upon it by cutting timber trees, James may appeal to the court; and it will restrain Paul from cutting them; or again, if Paul steals the goods of James, the court will punish Paul and restore the goods. Thus, as the general object of the Executive Department is to execute the laws, so that of the Judiciary is to pass judgments upon infringements of them, and carry these judgments into effect.
$ 687. The objects of the United States Judiciary are, in conformity to the United States Laws, of the same general nature, but different in extent and relations
13 Blackst. 24.
from those of the states. These have, however, been defined chiefly under the jurisdiction of the United States Courts. The objects of the State Judiciaries are the enforcement of municipal rights of every description, and the punishment of state offences; while the United States Judiciary concerns chiefly the enforcement of municipal rights only of a certain character, offences against the laws of the United States, and maritime law.
$ 688. 2. But to enforce rights, and punish crimes, courts must have the means to bring the parties before them, and to ascertain the truth of the case. These means consist, 1st, of the officers of the court; and 2dly, of process.
§ 689. 1st. The officers of the United States Courts consist of clerks, marshals, attorneys and reporters. The duty of clerks is to keep, in books prepared for that purpose, ån exact record of each case which comes before the court, with all the proceedings which have taken place upon it at each successive stage. This record is kept carefully in the public offices, and is of such solemn import, that when a cause has once been decided, it cannot be impeached, but is conclusive against the parties to it, their heirs and successors forever.. By Sect. 7th of the Judiciary Act, the Supreme Court and the District Courts have power to appoint their own clerks, and the clerk of the District Court is also clerk of the Circuit Court.
§ 690. The Marshal is what is termed the ministerial officer of the court, that is, he ministers or acts for the court in all its executive proceedings. Thus, if the court directs a person to be brought before them, the marshal sees it done by serving the order of the court upon him, and if he will not come voluntarily, compelling by force; for which purpose he can call upon all bystanders and others for assistance.
$ 691. The general duty of the marshal' is to attend upon the District and Circuit Courts when sitting, and upon the Supreme Court in the district in which that court shall sit; and to execute all lawful precepts directed to him, and issued under the authority of the United States. The marshal has power to appoint deputies, who are removable from office at the pleasure of the judges of the District and Circuit Courts. For the faithful performance of his duties he is bound, with securities, in a large sum. In all cases where the marshal or his deputy is a party, the writs or precepts are directed to some disinterested person, who has power to execute them. The marshal sometimes has other duties assigned him by law,—but his general and proper duty is that of executing the process of the çourt.
§ 692. Attorneys at Law are persons supposed to be learned in the law, and as such are appointed by the courts to practice law, and conduct suits within their jurisdiction. As they are appointed by the courts, they are removable at the pleasure of the courts. They are considered officers of the courts, and amenable to them. The requisites to license a person to practice law in the several states, are enacted by statute: in the United States Courts, any one may practice who can practice in the courts of highest judicature in the state where he resides.
$ 693. A reporter is likewise an officer of the court. He is some one licensed by the court to report and publish their judicial decisions and opinions. Doubtless, any one can report the proceedings of a court of justice, but they would not have weight or authority unless done under the sanction and inspection of the courts. Reporters are now appointed by nearly all the courts of highest jurisdiction in the several states. These reports are used as precedents and authorities upon which
1 Judiciary Act. Sect. 27.
to decide similar cases. They are constantly cited at the bar, and make up the largest portion of a lawyer's library. A learned judge has said, that the first and greatest lesson a judge has to learn is to abide by precedents.” The reports of decisions in the Supreme Court of the United States have acquired an immense authority, both from its being the tribunal of ultimate resort, and from the learning and ability of its judges.
§ 694. Of Process. Process is the method taken by the law to compel a compliance with its demands: as such it comprehends all the written orders of the courts, from the commencement of a suit till its termination by execution of the judgment.
$ 695. Process is of two kinds; Mesne and Final. Mesne Process is all that process which is issued prior to the judgment—such as writs to bring the parties before the courts, summon juries, witnesses, &c. Final Process is all that process necessary to carry the judgment of the court into execution, as the writ of capias ad satisfaciendum, to take the body for satisfaction, and the writ levari facias, to levy on lands. The distinction between mesne and final process being made by the judgment, all before that being Mesne, and all after Final Process.
§ 696. The terms writ and process are in the American practice nearly confounded, but in England the writ means what is called the original, or the writ issued to commence, or found an action at law. Here a writ is a mandatory letter from the court, directing parties and persons to be brought before it, and things to be done.
$ 697. By the act of May, 1792, all writs and processes issuing from the Supreme or Circuit Court shall bear teste, that is, be signed and issued as of the chief justice; and all writs and process issuing from the District Court, shall bear teste of the judge of such court 13 Blacks. Comm. 269. 2 1 Story's Laws of the United States, 257.