1829 Andrew Jackson - Rotating Teams of Supreme Court Justices

It might sound crazy, but in 1829 President Andrew Jackson proposed rotating teams Supreme Court Justices where the teams of justices would alternate between 'circuit riding' and being seated in the Supreme Court.   This seems crazy, because it has been more than 100 years since Supreme Court justices had 'circuit riding' responsibilities.  The circuit courts were abolished in 1911, but in 1829 six Supreme Court justices had to not only serve in the Supreme Court, but also were assigned to a geographical circuit and were required to travel to designated meeting places to preside over a circuit court. 

President John Adams was the first to try and address 'circuit riding' when he signed the Judiciary Act of 1801 reorganizing the nation's court system reducing the Supreme Court justices from six to five and eliminated their circuit court duties.  Circuit court duties were instead placed on 16 new judges who would cover the existing six judicial circuits.  Since these judges were hastily confirmed in the last days of Adams' term, they were called 'Midnight Judges', and when Thomas Jefferson came into office, he quickly set out to rescind the 1801 and remove the 16 new judges from office.  Supreme Court Justices once again had to ride the circuit courts.   In 1802, the number of circuits and supreme court justices was expanded to seven, but as the western frontier grew the case load and the travel continued to grow as well.   Despite the admission of seven new states between 1802 and 1829, Congress did not reorganize the judicial courts. Maine had been added to the first district court, but some of the western states were never added to any circuit, and instead were represented only by district courts.  These district courts had become so over burdened with cases that the people began to make demands to Congress that they receive the same access to the courts as states that were within a circuit.  In Jackson's first State of the Union Address, he agreed and reminded Congress that "each State has a right to expect that the benefits conferred on the citizens of others should be extended to hers".  By denying these states a circuit court, they were in effect withholding from these citizens. the advantages afforded by the Supreme Court in the matter of criminal and civil authority of the Federal Judiciary system.   Of the 23 states in 1829, only 15 had a proper circuit court, 3 were recently added to an existing circuit but with limited access and 6 others were completely denied access to a circuit court.   Jackson wrote,

"In this general survey of our affairs a subject of high importance presents itself in the present organization of the judiciary. An uniform operation of the Federal Government in the different States is certainly desirable, and existing as they do in the Union on the basis of perfect equality, each State has a right to expect that the benefits conferred on the citizens of others should be extended to hers. The judicial system of the United States exists in all its efficiency in only fifteen members of the Union; to three others the circuit courts, which constitute an important part of that system, have been imperfectly extended, and to the remaining 6 altogether denied. The effect has been to withhold from the inhabitants of the latter the advantages afforded (by the Supreme Court) to their fellow citizens in other States in the whole extent of the criminal and much of the civil authority of the Federal judiciary."

Jackson urged Congress to fix this in a way that was consistent with the public welfare, but how?  If the states were reorganized and more circuits were added, then it would require additional justices be added to the supreme court, something the majority of Congress would never allow.   Instead, Jackson had a novel idea.  He proposed creating rotating teams of Supreme Court justices by doubling the number of judges and splitting them into two "classes".   One team of judges would ride the circuits, while the other team would preside over the Supreme Court.  The Chief Justice would always preside over the court, but the teams would rotate in an out based on some schedule.  Jackson continued,

"That this state of things ought to be remedied, if it can be done consistently with the public welfare, is not to be doubted. Neither is it to be disguised that the organization of our judicial system is at once a difficult and delicate task. To extend the circuit courts equally throughout the different parts of the Union, and at the same time to avoid such a multiplication of members as would encumber the supreme appellate tribunal, is the object desired. Perhaps it might be accomplished by dividing the circuit judges into two classes, and providing that the Supreme Court should be held by these classes alternately, the Chief Justice always presiding.  If an extension of the circuit court system to those States which do not now enjoy its benefits should be determined upon, it would of course be necessary to revise the present arrangement of the circuits; and even if that system should not be enlarged, such a revision is recommended."

In 1831, Jackson visited the issue of overburdened district judges.  Jackson stated that one quarter of the states did not have a circuit court judge, and had to rely on a district court.   Jackson, sarcastically suggested that if a District Judge is good enough for these states, then perhaps all circuit judges should be eliminated.   Clearly, not something Congress would ever do. 

"The extension of the judiciary system of the United States is deemed to be one of the duties of the Government. One-fourth of the States in the Union do not participate in the benefits of a circuit court. To the States of Indiana, Illinois, Missouri, Alabama, Mississippi, and Louisiana, admitted into the Union since the present judicial system was organized, only a district court has been allowed. If this be sufficient, then the circuit courts already existing in 18 States ought to be abolished; if it be not sufficient, the defect ought to be remedied, and these States placed on the same footing with the other members of the Union. It was on this condition and on this footing that they entered the Union, and they may demand circuit courts as a matter not of concession, but of right. I trust that Congress will not adjourn leaving this anomaly in our system."

Again in 1832, Jackson urged Congress to address the concerns of overburdened  district judges, and three states that did not enjoy the benefits of a circuit court.

"The judiciary system of the United States remains imperfect. Of the 9 Western and South Western States, three only enjoy the benefits of a circuit court. Ohio, Kentucky, and Tennessee are embraced in the general system, but Indiana, Illinois, Missouri, Alabama, Mississippi, and Louisiana have only district courts. If the existing system be a good one, why should it not be extended? If it be a bad one, why is it suffered to exist? The new States were promised equal rights and privileges when they came into the Union, and such are the guaranties of the Constitution. Nothing can be more obvious than the obligation of the General Government to place all the States on the same footing in relation to the administration of justice, and I trust this duty will be neglected no longer."

And once again in 1834, Jackson re-visited the subject.

"Your attention is again respectfully invited to the defect which exists in the judicial system of the United States. Nothing can be more desirable than the uniform operation of the Federal judiciary throughout the several States, all of which, standing on the same footing as members of the Union, have equal rights to the advantages and benefits resulting from its laws. This object is not attained by the judicial acts now in force, because they leave one quarter of the States without circuit courts.

It is undoubtedly the duty of Congress to place all the States on the same footing in this respect, either by the creation of an additional number of associate judges or by an enlargement of the circuits assigned to those already appointed so as to include the new States. What ever may be the difficulty in a proper organization of the judicial system so as to secure its efficiency and uniformity in all parts of the Union and at the same time to avoid such an increase of judges as would encumber the supreme appellate tribunal, it should not be allowed to weigh against the great injustice which the present operation of the system produces."

Congress did not act on Jackson's recommendation, perhaps in part because such an arrangement would give Jackson at least six new judges to appoint.  Imagine that!  Nevertheless, the circuit demand on the Justices continued to increase with two more states entering the Union in 1836 and 1837.   That made it 8 states that were not included in a circuit.  Finally, in 1837, Congress passed the Judiciary Act of 1837 and established two additional circuits and two new seats on the Supreme Court.  This legislation also organized the circuits west of the Appalachians to make travel easier through territories where roads and accommodations were still quite primitive.   The new seventh circuit included include Illinois, Indiana, Michigan, and Ohio; the Eighth circuit covered Kentucky, Tennessee, and Missouri; and the Ninth Circuit consisted of Alabama, Arkansas, Louisiana, and Mississippi.   The act was passed on President Jackson's last full day in office, and he quickly made two nominations to the Supreme Court, John Catron from Tennessee and William Smith from South Carolina.  Both were confirmed on March 8th, but Smith declined the nomination.  President Martin Van Buren made a recess appointment on April 22nd and gave the seat to Alabama Senator john McKinley.

References

Presidency.ucsb.edu. (2018). First Annual Message | The American Presidency Project. [online] Available at: https://www.presidency.ucsb.edu/documents/first-annual-message-3 [Accessed 8 Dec. 2018].

Presidency.ucsb.edu. (2020). Sixth Annual Message | The American Presidency Project. [online] Available at: https://www.presidency.ucsb.edu/documents/sixth-annual-message-23 [Accessed 8 Jul. 2020].

Fjc.gov. (2018). Circuit Riding | Federal Judicial Center. [online] Available at: https://www.fjc.gov/history/timeline/circuit-riding [Accessed 8 Dec. 2018].

Fjc.gov. (2018). Landmark Legislation: Eighth and Ninth Circuits | Federal Judicial Center. [online] Available at: https://www.fjc.gov/history/legislation/landmark-judicial-legislation-text-document-4 [Accessed 8 Dec. 2018].


Rice on History. (2018). The Judiciary Act of 1837 (Primeval Court-Packing?). [online] Available at: https://riceonhistory.wordpress.com/2011/10/10/the-judiciary-act-of-1837-primeval-court-packing/ [Accessed 8 Dec. 2018].

Stateoftheunionhistory.com. (2018). 1800 John Adams - "Midnight Judges". [online] Available at: http://www.stateoftheunionhistory.com/2016/02/1800-john-adams-midnight-judges.html [Accessed 8 Dec. 201