New-York daily tribune., 1863-12-31
TIE syPHEwE CoUET or THE
UNITED STATES.


Grier, Wayne, Catron, Swayne, Davis, Miller
and Field. The obu Try Is divided into ten
Circuits, to each Of which is assigned one OF
these justices, who, in conjunction with the
local District Judge, olds the Circuit Court.
In the necessary absence Of the Circuit Judge,
the District Judge can mold the Circuit, he, for
the time being acting -ctcio as CircuiJudgc,
But, the theory of the Jaw, and the policy OF
om judicial system, contemplate that those who
preside in the Circuit Courts, and al the District
Courts, shall be different persons. Among
other reasons for this, may be noted The iac'o
that the original jurisdiction Of the two Courts
| is essentially unlike, ard that an appeal hes
! from the Distric: Court to the Circuit. These,
and other consideration that VII readily occur
TO suitors and practitioners in those Courts
show the importance Of keeping up the diNtinc-
ton between these tribunals in the vital partie-
ular Of their presiding judges; and the statute
which provided that The Circuit Court might be
held by District judo was only intended to
meet special exigcnces arising under extraoT-
binary circumstances.
| The First Circuit is c imposed OF Maine, New
Hampshire. Massachusetts, and Rhode Island.
The Second, of Vermont, Connecticut, and
! Now-York The Third, Of New-Jersey and
Pennsylvania. The Forth, OF Delaware, Ma
rvland and Virginia. The principal suits heard
before Circuit Courts, in their original and APP
peiIa,e capaoitcs, arise out of patent Eshta for
inventions, copyright for publications. and the
! great variety of matters, civil and criminal
,pringing from commerce, navigation, the col
lection of the Federal revenue, and the enforce
mcnt of The coinage, post-oilice, and pension
/ laws. From an examination OF the records oi
the several Circuit Cou.ts, il appears that the
number and magnitude Of the cases OF the hlhh
indicated, which were annually determined IN
tie first four Ciryuits previous TO The Kebehloa'
were more than four times a. grai a. IN all the
rest Of the United State. And the dispropoF-
ton between thcse four Circuits and the residue
Of thc Union. which Existed then has, Tor pam
reasons. largely increased since. The caGscs Of
I ,hi, 10, proportion are Obvious. They are not
casual. but permanent. The various kinds q
litigation mentioned spring naturally and IN
er,ren degree from ,hosc sections % The ooun.
try extensively engaged in manufacturing III
the invention OF novcltics, IN mechanism anf The
arts and sciences, in the competition and pubb-
cation Of books, in the shipping Of merchandise
TO foreign ports aud the importation OF goods
| iherciTon, aud which carry OF heavy tran.
actions through the oustom'hcuses, The post
Offices. .hc banks, the mints, and the sub-ifcas-
uries. We need not add that large preponder-
ance of the business Of the country in All the
! branches Of industry, art, science, literature
trade, and finance We have named. Is performed
by the inhabitants Of these four Clsouiis.
| TO these Circuits are assigned Justcc- Gift
/ ford Nelson, Grier and fancy. II is 10 I'M
peachment Of their capacity OF as-iduity 10 Say,
that for some vcars past they have been unable
10 preside in their several Circuit Courts more
than half the time being compelled for the
residue Of the period to leave them in the hands
Of the District Judges. And this seeming neg
| lect is the result Of sheer necessity II II phya-
icallv impossible, not to speak Of mental lmpos-
abihties. for four men 10 sit long enough and
work hard enough to get through with the cur
rent business Of these Circuits. And this Is
especially true Of the first and second, made up
Of New England and New-York. The patent
right cases alone, litigated in these seven states
are enough 10 occupy 80 much Of the time Of the
two Supreme Judges Assigned 10 the Circuits
rs they can devote to the Circuit Courts, con.
,stently with the duties they mus, discharge
while sitting in 6anco at Washington. Every
LAWYER knows that the business before The CIR
cult Court in the CITY Of Ncw-York s Of Itself
uncicni 10 tax 20 the utmost the energies Of
one Judge Nearly the same may be 'ald of 'hc
Court which sits in Boston. Aud yet. Judge
Nelson, in addition 10 hi, duties in New York
CITY. has 10 hold thrc, or four Circuits annually
in the Northern District Of NcwYorh, three in
Connecticut, and two in Vermont; while Judge
Clifford, beside presiding in hi Boston Circuit,
annually holds seven or eight Circuits in Rhode
Island, Ncw-IIampshire and Maine. The result
is what NIGH, be patod-they are unable
to preside in their several Circuit Courts more
than onc-third Of the time.
The obvious and proper remedy for ,hi' de-
Gciency Of judicial force is tho increase Of
judges Of the Supreme Court, al assignment OF
at least two more 10 tie States composing the
first four Circuits, and the consequent rcorglni-
zation Of those Circuits.
Nor, in this reform, should the needs Of The
South be overlooked. When tho Rebellion
broke out, four justices. living IN States that
ultimately passed Ordinances OF Secession. oc-
cnpied seats on the bench of tho Supreme