Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1826-01-06

n;s,-;et Judve. constituted Circuit Court
A change or alienation Of the Judges, was con-
terminated by the law Therefore, 1t was PEG
y;ded. by the act of 1898, that, in case OF di'i-
zion Of opinion, as the court consisted OIL ou!
two Judges, the question should be continued
te, the next session, and if different Judge then
anneared, and his opinion conceded with that
Of his predecessor, judgment should 60 a'o0fu
ingly. ru,o
And here, Mr. Chairman, wish to observe
that, in my opinion, the original plan o. hoia-
ing the Circuit Courts by different 'ucst'
from time to time, was i'll judged; II was 'ouu-
ed on false analogy: IL seems to nave oeen
borrowed from the English Courts o: AsS'-e
and Msi Prius; but the difference In the pow
ers and Jurisdiction Of the Judges In the TWO
cases. rendered what was proper Tor one, not
fit model for the other. The English Judges
at Nisi Prius, so far as civil causes are concern
ed. have nothing 10 do but try questions OIL TACT
by the aid of jury. on issues or pieadlngs al
ready settled in the Court from which the re-
cord proceeds. They give no final Judgments
nor do they make interlocutory orders respec-
ting the proceedings and progress OF the cause
They take verdict of the jury on the issues
already Joined between the parties, and give
no other directions in matters OF law, than
such as become necessary in the course OF this
trial by Jury. Every case begun, therefore, Is
ordinarily finished. Nothing OF that case re-
mains for The Judges successor. 1t 1t be tned,
the record is taken back with the verdict to
Westminster Hall; if it be not tried, the whole
case remains for subsequent occasion. III Is,
perhaps, surprizing, that the very able men
who framed the first judicial act did not see the
great difference between this manner OF pro-
ceedine al the English assizes, and the ncces'
sary course ofproceeding in our Circuit Courts
with the powers and jurisdictions conferred on
those courts. These are courts OF final Jurls-
diction: they not only take verdicts, but give
Judgment. Here suits are brought, proceeded
with through all their stages, tried, and hnaily
determined. And as in the progress oil suits,
especially those of equity jurisdiction, is neces-
sarily happens that there are different stages,
and successive orders become necessary from
term to term, 1t happened, of course that the
Judge was often changed before the cause was
decided, he who heard the end had not heard
,be beginning And when to this is added,
that these Judges were bred in different schools,
and, as to matters ofpractce especially, accus-
toned to different ussges, it will be easy to
w
encountered in the ordinary despatch otbusl-
ness. So, in cases reserved Tor Amusement
and further consideration, the Judge reservlng
the question, was not the Judge to decide II.
He who heard the argument was not to make
the decision. Without pursuing this part Of
the case farther, it is quite obvious that such
s,s,em could not answer the ends OF justice
The courts, indeed, were called Circuit
Courts; which seemed to imply an itinerant
character; but, in truth, they resembled much
more, in their power and jurisdiction, the
English courts sitting in bench, than the ASST
yes, to which they appear to have been liken-
ed.
The act Of 1898, by requiring the attendance
of only one, instead OF two, OF the Judges oil
the Supreme Court, on the circuits, OF course
diminished, by one half, the circuit labors OF
those Judges.
We then come 10 the law of Feb. 1901. BY
this &C. the Judges Of the Supreme Court were
relieved from all circuit duties. Provision
was made that their number should be reduced
on the first vacancy, from six to FIVE. They
were still to hold two sessions annually, OF the
Supreme Court; and Circuit Judges were APP
pointed to hold the Circuit Court in each Dis
ttrict The provisions of this law are generally
known, and it is not necessary to rec.te them
particularly. Ii is enough to say. that, IN hve
of the six Circuits, the Circuit Court was to
consist of three Judges, specially appointed to
constitute such Court; and, in the sixth, OF one
Judge specially appointed, and the District
Judge of the District.
" c all know, sir, that this law lasted but a
twelve month. 1t was repealed an TOTO by the
act Of March 8, 1902; and new organization
of the Circuit Courts was provided for by the
act of the 29th of April, of that year. 1t must
be admitted, think sir, that this act made con-
siderable improvements upon the system, as 1t
existed before the act Of February, 1901. 1t
took away the itinerary character OF the Clr-
cult Courts, by assigning particular Justices TO
particular Circuits This, in my opinion, was
a great improvement. 1t coniormed the Con
sritution of the Court to the nature Of the
mowers which it exercised. The same Judg-
es now heard the cause through all the sta
ges of its progress, and the Court became,
what its duties properly made 1t, Court
of Record, with permanent Judges, exercising
a various jurisdiction, trying causes at It's bar
by jury, IN cases proper for the Intervention OF
a jury, and rendering final judgments. his
act also provided another mode Of proceeding
with cases in which the two Judges composing
the Circuit Court should differ in opinion. 1t
nrescribed. that such difference should be sta
ted, certified to the Supreme Court, and that
Court should decide the question, and certify
its decision to the Circuit Court.