tended to be kept separate from one another, neither to be allowed to control the other, they are necessarily brought into mutual relationship and each has considerable influence over the other.

The President may influence Congress by his annual message, by calling Congress into extra session, by his veto, and by communicating with the Congressional committees, and especially by the distribution of important offices. The President may give places to congressmen, or their friends, if they consent to support his policy in Congress. This is mere bribery; it is buying votes with offices. This would lead a congressman to vote, not according to his own judgment, nor the merits of a bill, nor the interests of the country, but according to the selfish interests of himself or his friends. It was in this way English kings used to control Parliament, — by the places and favors they had to bestow. A President who tried to control Congress in this way would deserve impeachment and disgrace., The people cannot be too careful in guarding against such an abuse of power by the officers whom they elect.

238. How Congress may influence the President. Congress may influence the President, (1) by a resolution censuring him or calling upon him to pursue a certain course of conduct; (2) by an investigating committee, to inquire into the action of some of the departments; (3) by refusing legislation which the President desires or by bills which restrict the President's action; (4) by impeachment; and (5) by withholding appropriations which the President may ask for. It is better for the President and Congress to act in harmony, but many times they do not do so, as they may be of different parties or desire different policies.

CHAPTER XVIII

THE JUDICIARY

239. Origin of the Judiciary. Under the Old Confederation there was no national judiciary. Lawsuits were left to the states, and disputes between states were settled by a committee of Congress. The Judiciary, the third department of the new government, has grown since 1789, in the extent of its operations, more than any other department, and it has been very influential in establishing nationality and a stronger union.

240. Extent of the Judicial Power. Tenure of Office. The judicial power of the United States is vested in a Supreme Court and in such lower courts as Congress may establish from time to time. The small states did not want lower courts established, because they thought the national courts would have so little to do that one Supreme Court would be enough; it was supposed that United States courts would not have original jurisdiction, or the first trial, in law cases, but would hear only such cases as were appealed from state judges, after the cases had been tried once. This would have made the Supreme Court only an "appellate court."

The judges, both of the Supreme and lower courts, hold their offices during good behavior; and their pay cannot be diminished during their continuance in office. This is to make them

independent in their decisions.

241. The Judiciary Act, 1789. - The Judiciary Act of September 24, 1789, is one of the most important in our history. Its author was Oliver Ellsworth, a member of the Constitutional Convention, and the act made up our judiciary practically as it is to-day. By the act of 1789 the Supreme Court numbered six. There are now nine members of the Court, a Chief Justice, with

a salary of $13,000, and eight associate justices, with salaries of $12,500 each.

The justices are appointed by the President and confirmed by the Senate, and they can be removed only by impeach

ment.

Minor

There are nine circuit courts and more than eighty district courts of the United States; so the national law is courts. applied and enforced in all parts of the land. There is also a Court of Claims to try claims of citizens against the government.

242. Kinds of Cases tried in the United States Courts. The following kinds of cases may be tried in the United States

courts:

I. Those to which the Constitution and laws of the United States apply.

2. Cases affecting ambassadors, public ministers, and consuls, or the representatives of other nations in our country.

3. Cases of admiralty and maritime jurisdiction, like prize cases and cases relating to navigation.

4. Controversies to which the United States may be a party. 5. Controversies between two or more states; between citizens of different states; between citizens of the same state claiming lands by grants of different states; between a state, or its citizens, and a foreign state, or its citizens.

243. The Eleventh Amendment adopted. Before the eleventh amendment was adopted (1794), a state might be sued by a citizen of another state. Since it violated the dignity and independence of a state to allow it to be brought into court like a private defendant, the eleventh amendment was adopted, which provides that the judicial power of the United States shall not extend to any suit against a state commenced by a citizen of another

state.

If a national law applies to a case, it prevails against any state law, and whether or not the national law applies is determined by the national courts. Thus the nation, through its courts, decides upon the extent of its own powers.