Evening star. [volume] (Washington, D.C.) 1854-1972, 1903-01-19
NATIONAL JUDICIARY
THAT PRIOR To- ADOPTION OF
FEDERAL CONSTITUTION.
Interesting Paper Read by Judge Wat
son Before Manor House
Chapter, D. A. r.

Manor House Chapter D. A. R., held an
open meeting at the Riggs House Saturday
evening, which was very largely attended.
Mrs. NJ. A. Ballenger. the regent presided,
and in few felicltous remarks welcomed
the members and guests. The reports of
the several officers were read and adopted,
and then Mrs Ballenger introduced Judge
D. K. Watson of Ohio. who read an ex-
tremely interesting paper on "A National
Judiciary Prior to the Adoption of the
Federal Constitution Judge Watson said,
in part:
From the meeting Of the second Cont
mental Congress in 1910 to 1850, when the
government of the United States went into
operation, was fourteen years. During this
period different tribunals or courts having
jurisdiction over certain questions of a
national character were established. They
were wholly independent of the colonial or
state courts. and their decisions were
final.
These courts were of four kinds and ex-
listed in the following order: First, courts
composed of special committees of Con-
gress: second. courts composed of standing
or permanent committees of Congress;
third, the court of appeals in the cases of
capture; fourth, courts under the articles
of confederation"
A brief history of each of these courts
was given and what led to their adoption
was given by Judge Watson. who read
letters from Washington urging the crea-
ton by Congress of a court which should
have final authority to determine all con-
troversies relating to prize and capture,
and this was the class of cases considered
by these several courts. The court of ap-
peaiS had the longest life, lasting for
period of six years. during which time it
disposed of fifty-siX cases. forty-five of
which were appealed to it directly and
eleven were transferred from the standing
n fho ~
May. 1857 it adjourned without date"
said Judge Watson, land the first court
so named and styled possessing national
jurisdiction in the United States ceased
to exist.
Records Now in Supreme Court.
subsequently an act of Congress, passed
on the Sth of May, 1892, provided that all
the records and proceedings of the court
OF appeals should be deposited in the office
OF the Supreme Court of the United States,
where they are still kept
Judge Watson then referred to tho or
ticles of confederation, which were adopted
by congress in 1177, but which were not
finally ratified by the states until March
ISL. and said: THE announcement of the
maj ratihcation was made by Congress on
the 18th of March, 1871. on which day the
government under the articles of confedera-
tlon and perpetual union between the states
began"
iio ieieIIeo 10 tne n1ntn article, which
conferred upon Congress the exclusive right
OF being the court of last resort in deter
mining controversies between the states
and gave an instance of the exercise of
such authority, and then concluded:
The term national federal judiciary
ordinarily is understood to mean the iudic-
larry established by the federal Constitution
and the laws of Congress- but a study of
the subject shows that for considerable
period of time before the adoption of our
Constitution Congress exercised the func-
ton of a national court of final jurisddc-
uon in certain matters through the agency
OF committees and that subsequently, a
court of appeals was created, with adequate
and final power in special cases,
and that still later, under the articles of
confederation. provisions were made for a
more enlarged judicial system, which con-
unued until 1t was superseded by the sys-
tenn established under the judiciary clause
of the federal Constitution
Judge Watson was loudly applauded at
the conclusion of his paper and compli-
mentary remarks in regard to it were made
by Judge Weldon of the court of claims,
Representatives Lacey and Thomas of
Iowa, and HaskinS of Vermont and Messrs
Botkins and Raft of the attorney generals
office.
There was then a musical and literary
program presented, including two well-re-
ceived vocal solos, two recitations by Miss
Fauntelroy and a piano solo Cfor the left
hand only, by Miss Marie Howe, which
was we'll applauded.