maeva marcus States was plaintiff or petitioner, an alien was a party, or the suit concerned citizens of different states. Once again, trial by jury was specified, except in equity and admiralty causes. The circuit courts were authorized to exercise appellate review over the district courts in admiralty and maritime causes involving more than $300 and in civil causes where the value of the matter in dispute was over $50. To appeal a decision by the circuit court to the Supreme Court in a civil action, however, the disputed matter had to exceed $2,000. When exercising appellate review, the circuit courts and the Supreme Court could not correct any error in fact. Nor could a district court judge, when sitting on the circuit court bench, vote in a case of appeal from his own decision.13 In the early republic, circuit courts occupied a very important position. They were both trial courts, in more significant cases than those originating in the district courts, and appellate courts, reviewing decisions by a single district judge. When acting in an appellate capacity, circuit courts, the provisions of the Judiciary Act make clear, were meant to be courts of last resort in most cases. The high monetary minimum placed on Supreme Court appellate review in civil causes ensured that this would be the case.And with the Judiciary Act failing to provide for Supreme Court review of criminal cases, the circuit courts had the last word on federal criminal law.14 The Judiciary Act of 1789 was only the first step. As the early history of the circuit courts demonstrates, Congress and the judiciary together tried to work out just what the function of these courts would be. The system of circuit riding devised by Congress emphasized the unusual role of the circuit courts.Twice a year the justices, sitting in pairs, had to attend these courts from one end of the country to the other where, as the presiding judges, they were charged with explicating the laws and 13 But the Judiciary Act placed no such restriction on Supreme Court justices, when they came to review decisions they had made as circuit judges, leading the justices, on their own initiative, to refrain from voting because they thought it was improper. Judiciary Act of 1789, U. S. Statutes at Large, vol. 1, p. 73, sections 4, 11, 12, 21, and 22. 14 The first time the Supreme Court was granted appellate review of any criminal causes was in 1889, when it was permitted to consider death penalty convictions. U.S. Statutes at Large, vol. 25, p. 655. 199
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