maeva marcus A word here about the new arrangement of circuits at the time of the Burr trial in 1807: In 1801, just before the Jefferson Administration took office, Congress passed a new judiciary act–substantially amending the original 1789 act. The most radical alteration was the creation of six circuits in which the circuit court would have a bench composed of three judges specifically appointed to that court. This meant that the President would be able to nominate, and the Senate confirm, sixteenmore judges, which President John Adams and the Senate (controlled by Adams’s Federalist Party) proceeded to do just before they left office.33 A separate law passed two weeks later established the Circuit Court for the District of Columbia, to be presided over by a chief judge and two assistant judges – more appointments for the “lame-duck” Adams Administration to fill. This newD.C. Circuit Court was given broader jurisdiction than the other circuit courts; it had cognizance of crimes and civil actions that the district courts in other circuits retained.34 But the new court was less of a final arbiter than the other circuit courts; its decisions could be appealed to the Supreme Court where the matter in dispute exceeded $100.35 Infuriated by these actions, the incoming Republican Jefferson Administration quickly persuaded the new Republican Congress to repeal the Judiciary Act of 1801.36 Although the judicial system reverted to its 1789 form, a new act passed a month later did divide the country into six circuits instead of three and required one Supreme Court justice and the district judge to hold the circuit court.37 So the hope of the Supreme Court justices to be relieved of their burdensome circuit-riding duties was crushed. 33 Judiciary Act of 1801, U. S. Statutes at Large, vol. 2, p. 89, sections 6 and 7. The reason why only sixteen new judges were nominated is that the act mandated that the sixth circuit have only one circuit judge who would be joined by two district judges to make up the bench. 34 An Act concerning the District of Columbia, U. S. Statutes at Large, volume 2, p. 103, section 5. The move of the capital of the United States from Philadelphia to Washington, DCat the end of 1800 necessitated this act. 35 Ibid., section 8. 36 An Act to repeal certain acts respecting the organization of the Courts of the United States, and for other purposes, U. S. Statutes at Large, volume 2, p. 132. The special act dealing with the District of Columbia was not repealed, so the Circuit Court for the District of Columbia continued in existence. 37 An Act to amend the Judicial System of the United States, U. S. Statutes at Large, volume 2, p. 156, 205
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