Judiciary Act of 1802
Encyclopedia
The United States
Judiciary Act of 1802 (2 Stat.
156) was a Federal
statute
, enacted on April 29, 1802, to reorganize the federal court system
. It restored some elements of the Judiciary Act of 1801, which had been adopted by the Federalist majority in the previous Congress, but was repealed by the Democratic-Republican majority earlier in 1802.
The Act restructured the circuit courts
into six circuits, and assigned one Supreme Court justice to each circuit. Unlike the 1801 Act, no new circuit judgeships were created, so the justices were faced with having to return to the practice of "riding circuit" to hold court in each district within their circuit, along with the local district judge, during the majority of the year. No circuit courts were created for the judicial districts of Kentucky
, Tennessee
, Maine
, or the territories, although the 1801 Act would have done so.
Since the circuit courts were now to consist of only two judges, the Act permitted them to certify to the Supreme Court any question of law on which the two could not agree. Also, the district judge was not permitted to hear appeals of his own decisions, so appeals from the district courts were decided by the circuit justice alone. But the most important part of the Act was the provision that a quorum of only one judge was needed to convene a circuit court. As a result, Supreme Court justices could often rely on district court judges to convene circuit courts. With circuit riding largely optional, Supreme Court justices were no longer saddled with what they had previously felt was a tremendous burden. The Act's flexibility proved crucial to the demise of circuit riding, which essentially disappeared by 1840.
The Act also created additional district courts
by dividing the District of North Carolina into the districts of Albemarle, Cape Fear, and Pamptico, and by dividing the District of Tennessee into the Eastern
and Western Districts of Tennessee
. No new judgeships were created for these courts, however; the district judges in North Carolina and Tennessee had to hold court in each district within their state, and the North Carolina judge also had to sit on the circuit court (which, however, continued to sit for the state as a whole, not in the separate district court districts).
The Act established a United States District Court for the District of Columbia
, although this court is not the direct predecessor of today's court bearing the same name.
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
Judiciary Act of 1802 (2 Stat.
Statutes at Large
Statutes at Large is the name given to published collections or series of legislative Acts in a number of jurisdictions:-England and Great Britain:* The Statutes at Large:...
156) was a Federal
Federal government of the United States
The federal government of the United States is the national government of the constitutional republic of fifty states that is the United States of America. The federal government comprises three distinct branches of government: a legislative, an executive and a judiciary. These branches and...
statute
Statute
A statute is a formal written enactment of a legislative authority that governs a state, city, or county. Typically, statutes command or prohibit something, or declare policy. The word is often used to distinguish law made by legislative bodies from case law, decided by courts, and regulations...
, enacted on April 29, 1802, to reorganize the federal court system
United States federal courts
The United States federal courts make up the judiciary branch of federal government of the United States organized under the United States Constitution and laws of the federal government.-Categories:...
. It restored some elements of the Judiciary Act of 1801, which had been adopted by the Federalist majority in the previous Congress, but was repealed by the Democratic-Republican majority earlier in 1802.
The Act restructured the circuit courts
United States circuit court
The United States circuit courts were the original intermediate level courts of the United States federal court system. They were established by the Judiciary Act of 1789. They had trial court jurisdiction over civil suits of diversity jurisdiction and major federal crimes. They also had appellate...
into six circuits, and assigned one Supreme Court justice to each circuit. Unlike the 1801 Act, no new circuit judgeships were created, so the justices were faced with having to return to the practice of "riding circuit" to hold court in each district within their circuit, along with the local district judge, during the majority of the year. No circuit courts were created for the judicial districts of Kentucky
Kentucky
The Commonwealth of Kentucky is a state located in the East Central United States of America. As classified by the United States Census Bureau, Kentucky is a Southern state, more specifically in the East South Central region. Kentucky is one of four U.S. states constituted as a commonwealth...
, Tennessee
Tennessee
Tennessee is a U.S. state located in the Southeastern United States. It has a population of 6,346,105, making it the nation's 17th-largest state by population, and covers , making it the 36th-largest by total land area...
, Maine
Maine
Maine is a state in the New England region of the northeastern United States, bordered by the Atlantic Ocean to the east and south, New Hampshire to the west, and the Canadian provinces of Quebec to the northwest and New Brunswick to the northeast. Maine is both the northernmost and easternmost...
, or the territories, although the 1801 Act would have done so.
Since the circuit courts were now to consist of only two judges, the Act permitted them to certify to the Supreme Court any question of law on which the two could not agree. Also, the district judge was not permitted to hear appeals of his own decisions, so appeals from the district courts were decided by the circuit justice alone. But the most important part of the Act was the provision that a quorum of only one judge was needed to convene a circuit court. As a result, Supreme Court justices could often rely on district court judges to convene circuit courts. With circuit riding largely optional, Supreme Court justices were no longer saddled with what they had previously felt was a tremendous burden. The Act's flexibility proved crucial to the demise of circuit riding, which essentially disappeared by 1840.
The Act also created additional district courts
United States district court
The United States district courts are the general trial courts of the United States federal court system. Both civil and criminal cases are filed in the district court, which is a court of law, equity, and admiralty. There is a United States bankruptcy court associated with each United States...
by dividing the District of North Carolina into the districts of Albemarle, Cape Fear, and Pamptico, and by dividing the District of Tennessee into the Eastern
United States District Court for the Eastern District of Tennessee
The United States District Court for the Eastern District of Tennessee is the federal court in the Sixth Circuit whose jurisdiction covers all of East Tennessee and a portion of Middle Tennessee. The court has jurisdiction over 41 counties with 4 divisions...
and Western Districts of Tennessee
United States District Court for the Western District of Tennessee
The United States District Court for the Western District of Tennessee is the Federal district court covering the western part of the state of Tennessee. Appeals from the Western District of Tennessee are taken to the United States Court of Appeals for the Sixth Circuit The United States District...
. No new judgeships were created for these courts, however; the district judges in North Carolina and Tennessee had to hold court in each district within their state, and the North Carolina judge also had to sit on the circuit court (which, however, continued to sit for the state as a whole, not in the separate district court districts).
The Act established a United States District Court for the District of Columbia
United States District Court for the District of Columbia
The United States District Court for the District of Columbia is a federal district court. Appeals from the District are taken to the United States Court of Appeals for the District of Columbia Circuit The United States District Court for the District of Columbia (in case citations, D.D.C.) is a...
, although this court is not the direct predecessor of today's court bearing the same name.