Horace Gray

“ How far a writ of scire facias upon a recognizance to answer for an offense should be considered a civil action is a question upon which there has been some diversity of judicial opinion, depending in some degree upon the manner in which the question has arisen, and upon the comparative regard to be paid to the form of the proceedings, and to the purpose for which and the circumstances under which such a recognizance is taken. ”

“ In the earlier judiciary acts of the United States, the general jurisdiction of the courts of the United States, as depending upon the suit being of a criminal or of a civil nature, was usually defined by the words 'any cause, civil or criminal' (Rev. St. § 637) ”

“ St. §§ 641, 643) ; or, on the one hand, by the words 'crimes and offenses,' and, on the other hand, by the words 'suits of a civil nature, at common law or in equity,' or 'suits at common law,' or 'civil actions' (Act Sept. 24, 1789, c. 20, §§ 9, 11, 22 [1 Stat. 76-79, 84] ; Act March 3, 1875, c. 137, §§ 1, 2 [18 Stat. 470] ; Rev. St. § 563, cls. 1, 4; Id. § 629, cls. 1, 3, 20; Id. § 633) . ”