The farmer and mechanic. [volume] (Raleigh, N.C.) 18??-19??, 1912-01-09

appointed Judge OF tnc court In
1909. Writes Of Its History and
Tells Of the Men Who Have Been
Connected With 1t in Its Long
Career of a Hundred and Twenty
one Years.
By the act of Congress approved
March 3, 1911, and going into effect
January l., 1872 an important
change is wrought in the Federal jul
dicial system. The Circuit Cour
passes out of existence and the Dis
trict Court is vested with original
jurisdiction to hear and determine all
causes heretofore c~ognizable in the
Circuit Court.
1t is interesting to recall and to
preserve some general Information re-
speeding the formation and history OF
this ancient Federal curt as related
to this State. Upon the ratification
Of the Fedora Constitution by nine
states the executive and legislative
departments were organized April so,
1889, by the organization of the two
houses Of Congress and the Inaugural
ton Of the President. The judicial
department. consisting of "one Su-
premc Court and such cOurtS inferior
thereto as Congress NAV. from time
to time. ordain and establish was
provided by the Constitution. 1t was
left to the Congress to provide for the
organization of the system, prescribe
the number of Judges and, except as
provided by the Constitution, appor-
ton and distribute the jurisdiction
among the Federal Courts. At the
first session of Congress q committee,
with Oliver Ellsworth, of New Jersey,
as chairman, was appointed to prepare
such legislation as was necessary to
carry into effect the constitutional
provision respecting the judicial SyS-
tenn. Ellsworth drafted a bill which.
after approval by the committee, was
reported to the Congress, and, not
Withstanding severe criticism and OPP
position, was enacted into law Sub
stantially as drafted The measure
~ncountered opposition from those
who had opposed the adoption of the
new Constitution and feured the con-
centration Of power in the Fedora
government, especially the Federal
Courts. The judiciary act Of 1888 is
however, with some amendments, still,
the charter of the United States
Courts.
AS North Carolina had not at the
time of its passage ratified the Con
stitutiOn, it was not until June 4
1890, that a Circuit or District Court
was established in the State. By ar
act of Congress ratified on that day
the State was declared to constitute
one district, and the court establish
ed at New Bern. Col. John Stoke:
was appointed District Judge, blu
died early in October, 1870. There
is no record showing that he he1t
q term Of court. James Iredell wa!
appointed Associate Justice Of the Su
preme Court February 10, 1890, ant
qualified before John Rutledge a
Charleston May IL, 1890. John Sit
greaves. Of New Bern, was appointed
District Judge, to succeed JUdg'
tokes Judge Iredeli held the Circui
Courts in South Carolina and Georgi;
during the year 1870.
The first term Of the Circuit Court
for the District Of North Carolina
was opened at New Bern Tuesday
November s, 1871. AS, under tn
law, the presence of one Of the Jus
tees Of the Supreme Court was neces
sary to constitute the Circuit Court
and Justice Iredell was not present
an adjournment was taken unit
Thursday, November 10. when tn,
first Federal Grand Jury in NORTH
Carolina was drawn, sworn and EN-
pnrelled' with James Armstrong a
Foreman. Edward Pasteur was in at
tenuen,e as Deputy Marshall, am
Abner Neale as Clerk. Gen. William
K. DaHie and George Duffy were il
tendance as Deputy Marshal, an,
and William Cummings were ad
mitted to the bar. Two civil case
were disposed Of, and an indictmen
returned against Nathan Rounds 70
murder and piracy" Davie an,
Duffy were assigned by the Court a
his counsel. Rounds was ~acuuitte,
at the next term. The business wa.
not of sufficient imDortan~e to attrac
the lawyers. At the following term