涉外文书

Circuit Courts: 1789-1891

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  The circuit court system was re-garded from the beginning as unsatis factory,especially by Supreme Court justices,who objected to the traveling imposed upon them.Attorney Gener-al Edmund Randolph and President Washington urged relieffor the Supreme Court justices.Congress made a slight change in 1793 by alter-ing the circuit court organization to include only one Supreme Court justice and one district judge.In the closing days ofPresident John Adams administration in 1801,Congress

  eliminated circuit riding by the Supreme Court justices,authorized the appointment of 16 new circuitjudges,and greatly extended the juris-diction ofthe lower courts.

  The new administration ofThomas Jefferson strongly opposed this action,and Congress repealed it.The Circuit Court Act of1802 restored circuit rid-ing by Supreme Court justices and expanded the number of circuits.However,the legislation allowed the circuit court to be presided over by a single district judge.Such a change may seem slight,but it proved to be of great importance.Increasingly,the district judges began to assume re-sponsibility for both district and cir-cuit courts.In practice,then,original and appellate jurisdiction were both in the hands ofthe district judges.

  The next major step in the develop-ment ofthe courts ofappeals did not come until 1869,when Congress ap-proved a measure that authorized the appointment ofnine new circuit judges and reduced the Supreme Court justicescircuit court duty to one term every two years.Still,the High Court was flooded with cases be-cause there were no limitations on the right ofappeal to the Supreme Court.

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