Courts of justice

“ Section 9. The Judges constituting the aforesaid Courts shall be selected with reference to their intelligence, integrity, and fair-mindedness and shall render their verdict without prejudice, favor, partiality, or affection, and shall be so sworn, upon the organization of the Court; and shall further be sworn to administer even-handed justice.
“Section 10. The several courts herein provided for shall be governed in their deliberations, proceedings, and judgments by the rules and regulations governing the proceedings of regular courts-martial. (Fide non armis.) ”

“ The judicial system, which includes supreme courts, district courts, circuit courts, police courts and other minor courts, is intended to give justice to the defendant in a criminal action, and to both parties in a civil action, but in many cases—to an American—the result does not seem to be satisfactory. ”

“ The power to punish for contempts is inherent in all courts; its existence is essential to the preservation of order in judicial proceedings, and to the enforcement of the judgments, orders, and writs of the courts, and consequently to the due administration of justice. The moment the courts of the United States were called into existence and invested with jurisdiction over any subject, they became possessed of this power. ”

“ Our government comprises, therefore, not only a law-making branch and a law-enforcing branch, but also a LAW-INTERPRETING, OR JUDICIAL, branch—the courts.
THE RIGHTS OF ACCUSED PERSONS The Constitution guarantees justice to persons accused of violating the property rights, or other rights of citizens, by theft, fraud, or otherwise, as well as to the citizen who has been wronged. "In all criminal prosecutions the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed ... ”

“ Offenses of a lesser grade are called misdemeanors. The court has jurisdiction over all civil cases. The judge of the superior court has the power to issue various writs for the enforcement of the law, and grant charters to all corporations, except banking, insurance, railroad, canal, navigation, express, telephone, and telegraph companies. Cases appealed from justice courts, county courts, courts of ordinary, and certain city courts lie to the superior courts. ”

“ This attribute of courts is essential to preserve their authority and to prevent the administration of justice from falling into disrepute. Such summary conviction and punishment accords due process of law. ”

“ When the orderly procedure of appeal is employed, the case is kept within the control and disposition of the courts; and if the judgment be excessive or illegal it may be modified or changed and complete justice done, as we have said, to the prisoner, and the penalties of the law satisfied as well. ”

“ The complete independence of the courts of justice is peculiarly essential in a limited Constitution. By a limited Constitution, I understand one which contains certain specified exceptions to the legislative authority; such, for instance, as that it shall pass no bills of attainder, no ex post facto laws, and the like. Limitations of this kind can be preserved in practice no other way than through the medium of courts of justice, whose duty it must be to declare all acts contrary to the manifest tenor of the Constitution void. ”

“ The same lawyers and judges, and the same assizes, but it becomes more and more evident that the civil courts decide cases on the most diverse grounds, but regardless of justice, and that criminal trials are quite senseless, because the punishments do not attain the objects aimed at by the judges themselves. ”

“ Every one connected with these branches of the public service is amenable to the jurisdiction which Congress has created for their government, and, while thus serving, surrenders his right to be tried by the civil courts. All other persons, citizens of states where the courts are open, if charged with crime, are guaranteed the inestimable privilege of trial by jury. ”

“ If relief on equitable grounds is to be obtained it is right that it should be sought by a formal suit upon adequate pleadings and should be granted only after a trial of issues according to the usual course of the trial of questions of fact. A court of first instance is the appropriate tribunal, and the only tribunal, equipped for such a trial. Appellate courts have neither the power nor the means to that end. ”

“ A power to constitute Courts is a power to prescribe the mode of trial; and consequently, if nothing was said in the Constitution, on the subject of Juries, the Legislature would be at liberty, either to adopt that institution, or to let it alone. This discretion, in regard to criminal causes, is abridged by the express injunction of trial by jury in all such cases ”

“ Some well-intentioned men in this State, deriving their notions from the language and forms which obtain in our courts, have been induced to consider it as an implied supersedure of the trial by jury, in favor of the civil-law mode of trial, which prevails in our courts of admiralty, probate, and chancery. ”

“ Also, of all proceedings by quo warranto; and may issue writs of habeas corpus, mandamus, prohibition, and certiorari to all inferior tribunals; issue writs of mandamus in all matters arising from or appertaining to the action of the board of supervisors; determines the probate of wills and testamentary cases; may appoint guardians, curators, commissioners in chancery, etc.
Appellate jurisdiction of all cases, civil and criminal, where an appeal writ of error or supersedeas may be taken or allowed by said courts from or to the judgment or proceedings of an inferior tribunal. ”

“ The creation of the Court of Cassation and of the three courts of appeal is specifically provided for within the constitution. All inferior tribunals are created by law, and none are permitted to be established otherwise. For the trial of criminal cases there are special tribunals, in three grades: police courts, correctional courts, and courts of assize.
All judges and justices of the peace are appointed by the king for life. ”

“ The fourteenth section of the Judiciary Act granted to all the courts power to issue writs of scire facias, habeas corpus, and all other writs necessary for the exercise of their respective jurisdictions, and agreeable to the principles and usages of law ”

“ Higley to be the almost uniform rule, among the people who make the common law of England the basis of their jurisprudence, to have a distinct tribunal for the establishment of wills, and the administration of the estates of men dying either with or without wills, which tribunals are variously called 'prerogative courts,' 'probate courts,' 'surrogate courts,' 'orphans' courts,' etc. ”

“ If, then, in both classes of civil cases of which the instance court has jurisdiction, subject-matter in the one class, and locality in the other, ascertains it, neither a jury trial nor the concurrent jurisdiction of the common law courts can be a test for jurisdiction in either class. Crimes, as well those of which the admiralty has jurisdiction as those of which it has not, except in cases of impeachment, the constitution declares shall be tried by a jury. ”

“ That all cases of appeal or writ of error heretofore prosecuted and now pending in the supreme court of the United States upon any record from the supreme court of either of the territories mentioned in this act, or that may hereafter lawfully be prosecuted upon any record from either of said courts, may be heard and determined by said supreme court of the United States. ”

“ Under the act of 1895, as under the previous acts of congress, where the matter in controversy exceeds $5 in value, an appeal lies to a court of record from any judgment of a justice of the peace, whether rendered upon a verdict or not, and either party may have a trial by a common-law jury in the appellate court; and the trial by jury in that court is, and the trial before a justice of the peace is not, a trial by jury, within the meaning of the seventh amendment to the constitution. ”

“ He must have the privilege of bringing in witnesses to tell the truth about the charges that may be made. There must be a decision by the court after a speedy public trial. In all the States of this country any one is entitled to such a trial, and he is also, in case of defeat, entitled to appeal and present his case to a different and a higher court. These courts are the courts of the people, selected by the people, and neither government nor individuals have any right to take away anyone's life, liberty, or property unless the people by and through their courts shall so find and do. ”

“ Should the supreme court, or any of its members, from interest, partiality, or negligence, judge so wrong that an individual, contrary to law and evidence, did lose or might have lost life, liberty, honour, or property, the attorney-general shall be bound, and the chancellor of justice authorised, to arraign the guilty, according to the laws of the realm, in the court after mentioned. ”

“ No one may be removed against his will from the jurisdiction of the tribunal in which he has a right to be tried. General confiscation of the property of a person adjudged guilty may not be imposed as a penalty for any offense. Save in exceptional cases, specified by law, or when in the opinion of the judge public order and morals forbid, the sessions of all courts are required to be public. Judgments must be pronounced in public session. ”

“ 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) ”

“ Indisputably under our constitutional system the right to try offenses against the criminal laws, and, upon conviction, to impose the punishment provided by law, is judicial, and it is equally to be conceded that, in exerting the powers vested in them on such subject, courts inherently possess ample right to exercise reasonable, that is, judicial, discretion to enable them to wisely exert their authority. ”

“ The maxim, then, is, that no man shall be taken and committed to prison, but by judicium parium, vel per legem terræ, that is, by due process of law. Now to understand this, it is necessary to see in what cases a man may be taken before presentment or indictment by a jury; and in the enquiry it is to be considered, that process of law, for this purpose, is two-fold, either by the king’s writ, to bring him into a court of justice, to answer, or by what is called a warrant in law. ”

“ All proceedings at law are practically abolished by these decisions, and there have been but few or no jury trials in the district courts of that Territory since the last session of Congress. Property is left without protection by the courts, and crimes go unpunished. ”

“ In the case referred to, the claims, as concerned those asserting them, were, on their part, tainted by no principle of illegality or immorality; on the contrary, were sustained by every principle of national law and natural justice, and nothing was wanting to render them recuperable, but a judicial tribunal competent to take cognizance thereof. ”

“ A Court recognized in, and drawing its life and jurisdiction from, the Constitution was to act as a court of appeal to review the process and judgment of that extra-constitutional tribunal, which had, summarily and without legal warrant, put a free American woman to a felon’s death. ”

“ We want a Supreme Court which will do justice under the Constitution—not over it. In our courts we want a government of laws and not of men. ”

“ The supreme magistrate was not distinguished from the rest by superior habitation or revenue. On the other hand, the duties awarded to him were marvellously light and easy, requiring no preponderant degree of energy or intelligence. There being no apprehensions of war, there were no armies to maintain; there being no government of force, there was no police to appoint and direct. What we call crime was utterly unknown to the Vril-ya; and there were no courts of criminal justice. ”

“ Surely it may be assumed as a postulate, that a court of justice, in adjudicating upon the rights of the citizen or of the State, should do, and can have power to do, nothing which is irregular, or vain, or useless. ”

“ The court-martial having jurisdiction of the person accused and of the offense charged, and having acted within the scope of its lawful powers, its decision and e ntence cannot be reviewed or set aside by the civil courts, by writ of habeas corpus or otherwise. ”

“ The constitution of the courts is based on the example of the English judiciary, and the rules of evidence and procedure are practically the same in both criminal and civil cases as in England. All serious cases of crime are tried before a judge and jury, with the same formalities and safeguards as in England, while minor offences are dealt with by stipendiary magistrates possessing a limited statutory jurisdiction. ”

“ The following is everything contained in Ex parte Hawk on the subject: 'Ordinarily an application for habeas corpus by one detained under a state court judgment of conviction for crime will be entertained by a federal court only after all state remedies available, including all appellate remedies in the state courts and in this Court by appeal or writ of certiorari, have been exhausted. ”

“ The civil courts are not courts of error to review the proceedings and sentences of courts-martial where they are legally organized and have jurisdiction of the offense and of the person of the accused, and have complied with the statutory requirements governing their proceedings. ”