John Marshall and the Constitution, a Chronicle of the Supreme CourtCorwin, Edward Samuel
History
John Marshall and the Constitution, a Chronicle of the Supreme Court
Corwin, Edward Samuel
Constitutional history -- United States; Marshall, John, 1755-1835; United States. Supreme Court
The Judiciary Act provided for two terms of court annually, one
commencing the first Monday of February, and the other on the first
Monday of August. On February 2, 1790, the Court opened its doors for
the first time in an upper room of the Exchange in New York City. Up to
the February term of 1793 it had heard but five cases, and until the
accession of Marshall it had decided but fifty-five. The justices were
largely occupied in what one of them described as their "post-boy
duties," that is, in riding their circuits. At first the justices rode
in pairs and were assigned to particular circuits. As a result of this
practice, the Southern justices were forced each year to make two trips
of nearly two thousand miles each and, in order to hold court for two
weeks, often passed two months on the road. In 1792, however, Congress
changed the law to permit the different circuits to be taken in turn and
by single justices, and in the meantime the Court had, in 1791, followed
the rest of the Government to Philadelphia, a rather more central seat.
Then, in 1802, the abolition of the August term eased the burdens of the
justices still more. But of course they still had to put up with bad
roads, bad inns, and bad judicial quarters or sometimes none at all.
Yet that the life of a Supreme Court justice was not altogether one of
discomfort is shown by the following alluring account of the travels of
Justice Cushing on circuit: "He traveled over the whole of the Union,
holding courts in Virginia, the Carolinas, and Georgia. His traveling
equipage was a four-wheeled phaeton, drawn by a pair of horses, which he
drove. It was remarkable for its many ingenious arrangements (all of his
contrivance) for carrying books, choice groceries, and other comforts.
Mrs. Cushing always accompanied him, and generally read aloud while
riding. His faithful servant Prince, a jet-black negro, whose parents
had been slaves in the family and who loved his master with unbounded
affection, followed." ¹ Compared with that of a modern judge always
confronted with a docket of eight or nine hundred cases in arrears,
Justice Cushing's lot was perhaps not so unenviable.
¹ Flanders, The Lives and Times of the Chief-Justices of the Supreme
Court, vol. II, p. 38.
Public-domain text, read in full here on John Shaqi.
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