—"it is beyond doubt, at the present day, that the provisions of the Constitution of the United States securing the right of trial by jury, whether in civil or in criminal cases, are applicable to the District of Columbia."

"No person is required to answer in a suit upon whom process has not been served, or whose property has not been attached. In this case there was no personal notice nor an attachment or other proceeding against the land until after the judgment. The judgments are therefore nullities, and did not authorize the execu-350 NEW JERSEY SUPREME COURT.

—relied evenhandedly on the Seventh Amendment and the Iowa Territory organic statute to vindicate the right to civil jury trial against a special act of the territorial legislature.

In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.

"By the seventh article of the amendments of the con--stitution it is declared:'In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved.'The organic act of the territory of Iowa, by express provision and by reference, extended the laws of the United States, including the ordinance of 1787, over the territory …

—reported in 11th of Howard, the plaintiff claimed title to land sold under judgments recovered in suits brought in a territorial court of Iowa, upon publication of notice under a law of the territory, without service of process; and the court said:—

—an act of the legislature of the Territory of Iowa dispensing with a jury in a certain class of common law actions was held void.

—when a judgment is brought collaterally before the court as evidence, it may be shown to be void on its face by want of notice to the person against whom it is entered.

—the Seventh Amendment secured to them "a like right in civil actions at common law.'We*'cannot think that the people of this District have, in" that regard, less rights than those accorded to the "people of the Territories of the United States."

The earliest case law on the subject reflects the assumption that the Constitution was applicable in the territories, although in some cases Congress extended constitutional guarantees by statute, a fact that would later become the basis for distinguishing those cases.