The constitutional provisions relative to the Federal Courts have been already considered under the subject of Constitutional Law.1 Some slight repetition, however, is necessary at the beginning of the present subject.

The third article of the Constitution is devoted to the judicial department. The first section provides for the establishment of the courts, and is as follows:

'The judicial power of the United States shall be vested in one Supreme Court, and in such inferior courts as the Congress may from time to time ordain and establish. The judges, both of the Supreme and Inferior Courts, shall hold their offices during good behavior, and shall, at stated times, receive for their services a compensation, which shall not be diminished during their continuance in office." A distinction is to be noticed between the provision for the Supreme Court and that for the Inferior Courts of the United States; the former was created directly by the Constitution, while the establishment of the latter was made optional with Congress.

The grant of judicial power to the United States Government is contained in the second section of the third article of the Constitution,which is as follows:

"The judicial power shall extend to all cases in law and equity arising under this Constitution, the laws of the United States, and treaties made, or which shall be made, under their authority; to all cases affecting ambassadors, other public ministers and consuls; to all cases of admiralty and maritime jurisdiction; to controversies to which the United States shall be a party; to controversies between two or more states; between a State and citizens of another State; between citizens of different states; between citizens of the same states claiming lands under grants of different states; and between a State, or the citizens thereof, and foreign states, citizens, or subjects."

1 Volume II, Sub. 3.