The American JudiciaryBaldwin, Simeon E. (Simeon Eben)
History
The American Judiciary
Baldwin, Simeon E. (Simeon Eben)
Courts -- United States; Law -- United States -- History
In common law causes in the District Court, the State remedies by
way of attaching the property of a defendant to respond to a
judgment, or seizing it on execution, or imposing a lien upon it
by a judgment, are adopted and enforced.[Footnote:
U. S. Rev. Stat., Sec.Sec. 915, 916, 967, 988.]
The field of national legislation being narrow, the offenses
against the nation are correspondingly few. Any acts done on
lands ceded by a State, which would have been crimes under its
law in 1873, may be punished as such in the federal courts in the
same manner which that law provided.[Footnote: _Ibid_., Sec.
5391.]
In the Circuit Courts, before 1866 it was customary to defer the
trial of important causes until the Justice of the Supreme Court
assigned to the circuit could be present. If he differed on any
material point from the District Judge, this point could be
certified up to the full Supreme Court for argument and decision
there. During this period the published reports of the decisions
of the Circuit Court contain many opinions of the highest value.
Several of the best which Story and Bushrod Washington wrote are
to be found among them.
The Act of 1866, by which a resident Circuit Judge was appointed
for each circuit, provided notwithstanding that each member of
the Supreme Court should attend at least one term of the Circuit
Court in each district as often as once in two years. The press
of business at Washington, however, soon became such as to make
it practically impossible for the Supreme Court Justices to do
any substantial circuit work. When some case of national
importance was to be heard in any district, the Justice in whose
circuit it was included would make a special effort to go down.
In this way Chief Justice Chase heard and sustained the plea with
which Jefferson Davis met the indictment against him for treason.
But ordinarily the Circuit Judge took the place of the Supreme
Court Justice, and the latter, if he appeared at all during the
term, remained hardly for a day.
The Supreme Court, therefore, during over a hundred years
remained the only court of the United States existing mainly for
appellate purposes. The work which it had before it at the last
term during which it occupied this position (October Term, 1890)
will show how much it was then overburdened.
Its docket contained 1,177 appeals brought forward by continuance
because they could not be disposed of at the preceding term, 623
new cases of the same kind, and 16 cases of original
jurisdiction, making a total of 1,816 actions. Of these,
although the term lasted nearly eight months, it was only able to
dispose of 617, thus leaving 1,199 for continuance to the
following term.[Footnote: 140 U. S. Reports, Appendix.] It will
be observed that the court was no longer able to cope with its
new business, not to mention that left over from previous years.
Public-domain text, read in full here on John Shaqi.
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