the next in dignity, power, and jurisdiction are the united states circuit courts. while the supreme court is always held in washington, these are held in every state at such times and places as special law of congress directs. these are often changed so as to accommodate both the people in the states and the judges of the court. as now arranged, the whole union is divided into nine circuits, each circuit comprising several states, according to the size and population of the[432] states. the places are arranged with reference to convenience of access by all the people in the circuit.
this court is similar in design and authority to the supreme court; indeed it is but a branch of it; the same officers presiding, and the same class of questions being adjudicated by it, viz.: those involving constitutional law; and this authority, so important to uniformity of interpretation of constitutional provisions, and to the enjoyment of rights guaranteed by that instrument to citizens of all the states, is made pervading—is carried within the reach of all.
2. the circuit courts are held by the judges of the supreme court, who allot the circuits among themselves, and then travel each through his own circuit, until he has visited and held a session in every state which lies within it. a judge of the supreme court is the presiding and supreme magistrate in every circuit court, but the judge of the district court of the district in which the circuit is held, sits with the judge of the supreme court, as associate justice.
jurisdiction.
3. these courts have both original and appellate jurisdiction. causes may be appealed from the district courts to the circuit. they also have concurrent jurisdiction with the state courts, where the matter in dispute exceeds the sum of $500, and the united states are plaintiffs; or where an alien is a party, or where the suit is between citizens of different states. they have exclusive jurisdiction in all cases of crimes against the united states, except where the law especially confers the power on other courts. it extends to all cases under the revenue laws of the united states.
4. there is also a certain class of cases (too tedious to be described here in detail,) which may be removed from state and from district courts, into these courts, and be tried and determined in the same manner as if they had been commenced here.
the officers of circuit courts are, first, the judges; second, the district attorney of the district in which the court is[433] held; third, the marshal of the district; and fourth, a clerk, who is appointed by the court.
5. it may be interesting, and perhaps useful to know how the different circuits are formed, and what states lie in each. they have been from time to time increased in number, as the number of the states increased. in some cases states have been at first placed in one circuit, and afterwards detached and placed in another.
6. by the acts of 1862 and 1863, the circuits were arranged as follows:
first circuit—rhode island, massachusetts, maine and new hampshire (by act of 1820).
second circuit—vermont, connecticut, new york (act of 1837).
third circuit—new jersey and pennsylvania.
fourth circuit—maryland, virginia, delaware and north carolina.
fifth circuit—south carolina, georgia, alabama, mississippi and florida.
sixth circuit—louisiana, texas, arkansas, kentucky and tennessee.
seventh circuit—ohio and indiana.
eighth circuit—michigan and illinois.
ninth circuit—wisconsin, missouri, kansas, iowa and minnesota.
tenth circuit—california and oregon.
but in 1866 this arrangement of the circuits was again changed; and this was done, we suppose, to make the circuits approximate nearer to the number of associate justices, as reduced from nine to six by the same act; for, it was then enacted that hereafter there should be no more associate justices of the supreme court appointed, until they were reduced (by death or resignation), to six.
7. the circuits by this last act were reduced to nine, and were arranged as follows:
first and second circuits to remain as before.
[434]
the third was made up of the states of pennsylvania, new jersey and delaware.
the fourth, of maryland, virginia, west virginia, north carolina and south carolina.
the fifth, of georgia, florida, alabama, mississippi, louisiana and texas.
the sixth, of ohio, michigan, kentucky and tennessee.
the seventh, of indiana, illinois and wisconsin.
the eighth, of minnesota, iowa, missouri, kansas and arkansas.
the ninth, of california, oregon and nevada.
we have inserted both of these circuit arrangements, because one new state (nebraska), has been admitted since the act passed. others will soon come in, and very probably the old number of circuits and judges will be restored.
