d be, act as a circuit judge, as a major may command a
regiment. All federal judges are appointed by the president, with the
consent of the Senate, to serve during good behaviour. Each district
has its _district attorney_, whose business is to prosecute
offenders against the federal laws and to conduct civil cases in
which the national government is either plaintiff or defendant. Each
district has also its marshal, who has the same functions under the
federal court as the sheriff under the state court. The procedure of
the federal court usually follows that of the courts of the state in
which it is sitting.

[Footnote 28: See the second note on p.278.]

[Footnote 29: See Wilson, _The State_, p. 554. I have closely
followed, though, with much abridgment, the excellent description of
our federal judiciary, pp. 555-561.]

[Sidenote: The federal jurisdiction.]
The federal jurisdiction covers two classes of cases: (1) those
which come before it "_because of the nature of the questions
involved_: for instance, admiralty and maritime cases, navigable
waters being within the exclusive jurisdiction of the federal
authorities, and cases arising out of the Constitution, laws, or
treaties of the United States or out of conflicting grants made by
different states"; (2) those which come before it "_because of the
nature of the parties to the suit_," such as cases affecting the
ministers of foreign powers or suits between citizens of different
states.

The division of jurisdiction between the upper and lower federal
courts is determined chiefly by the size and importance of the cases.
In cases where a state or a foreign minister is a party the supreme
court has original jurisdiction, in other cases it has appellate
jurisdiction, and "any case which involves the interpretation of the
Constitution can be taken to the supreme court, however small the sum
in dispute." If a law of any state or of the United States is decided
by the supreme court to be in violation of the Constitution, it
instantly becomes void and of no effect. In this supreme exercise
of jurisdiction, our highest federal tribunal is unlike any other
tribunal known to history. The supreme court is the most original of
all American institutions. It is peculiarly American, and for its
exalted character and priceless services it is an institution of which
Americans may well be proud.

QUESTIONS ON THE TEXT.

1. What was the second important factor in transforming our