The Tenth Circuit Act of 1863 () was a federal

statute A statute is a law or formal written enactment of a legislature. Statutes typically declare, command or prohibit something. Statutes are distinguished from court law and unwritten law (also known as common law) in that they are the expressed wil ...

which increased the size of the

Supreme Court of the United States The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all Federal tribunals in the United States, U.S. federal court cases, and over Stat ...

from nine justices to ten, and which also reorganized the

circuit courts Circuit courts are court systems in several common law jurisdictions. It may refer to: * Courts that literally sit 'on circuit', i.e., judges move around a region or country to different towns or cities where they will hear cases; * Courts that s ...

of the federal judiciary. The newly created Tenth Circuit consisted of

California California () is a U.S. state, state in the Western United States that lies on the West Coast of the United States, Pacific Coast. It borders Oregon to the north, Nevada and Arizona to the east, and shares Mexico–United States border, an ...

and

Oregon Oregon ( , ) is a U.S. state, state in the Pacific Northwest region of the United States. It is a part of the Western U.S., with the Columbia River delineating much of Oregon's northern boundary with Washington (state), Washington, while t ...

, and addressed the judicial needs of the newly created western states. The Act became effective on March 3, 1863, during the Lincoln administration.

History

The period of the

American Civil War The American Civil War (April 12, 1861May 26, 1865; also known by Names of the American Civil War, other names) was a civil war in the United States between the Union (American Civil War), Union ("the North") and the Confederate States of A ...

and the immediate aftermath of

Reconstruction Reconstruction may refer to: Politics, history, and sociology *Reconstruction (law), the transfer of a company's (or several companies') business to a new company *''Perestroika'' (Russian for "reconstruction"), a late 20th century Soviet Union ...

saw shakeups in the Court and in legislation concerning its size. This culminated in the

Judiciary Act of 1869 The Judiciary Act of 1869 (41st Congress, Sess. 1, ch. 22, , enacted April 10, 1869), formally An Act to amend the Judicial System of the United States and is sometimes called the Circuit Judges Act of 1869. It provided that the Supreme Court of ...

, the last piece of legislation which altered the size of the Supreme Court. Pursuant to the Tenth Circuit 1863 Act,

Stephen Johnson Field Stephen Johnson Field (November 4, 1816 – April 9, 1899) was an American jurist. He was an Associate Justice of the United States Supreme Court from May 20, 1863, to December 1, 1897, the second longest tenure of any justice. Prior to this ap ...

was installed in the newly created

Associate Justice An associate justice or associate judge (or simply associate) is a judicial panel member who is not the chief justice in some jurisdictions. The title "Associate Justice" is used for members of the Supreme Court of the United States and some ...

seat A seat is a place to sit. The term may encompass additional features, such as back, armrest, head restraint but may also refer to concentrations of power in a wider sense (i.e " seat (legal entity)"). See disambiguation. Types of seat The ...

. Shortly thereafter, Salmon P. Chase replaced

Roger B. Taney Roger Brooke Taney ( ; March 17, 1777 – October 12, 1864) was an American lawyer and politician who served as the fifth Chief Justice of the United States, chief justice of the United States, holding that office from 1836 until his death in 186 ...

Chief Justice of the United States The chief justice of the United States is the chief judge of the Supreme Court of the United States and is the highest-ranking officer of the U.S. federal judiciary. Appointments Clause, Article II, Section 2, Clause 2 of the U.S. Constitution g ...

, and in 1865

John Catron died; Catron's vacancy would never be refilled as a consequence of the Judicial Circuits Act of 1866. Later Supreme Court vacancies in the coming years would be addressed by the 1869 Act, which permanently fixed the size of the Supreme Court at nine. The Court's full-strength size of ten was therefore a very brief historical aberration, straddling the end of the Taney Court (its final composition) and the beginning of the Chase Court (its first composition). This "court of ten" thus experienced the following changes. First, Field was appointed to its tenth seat, creating its first composition. Next, Taney died and was replaced with Chase, creating its second composition. Finally, Catron's death and his seat's subsequent abolition ended the "court of ten".

References

{{SCOTUS horizontal 1863 in American law United States federal judiciary legislation History of the Supreme Court of the United States 37th United States Congress