The second circuit, Vermont, Connecticut, and New York.. Act of March 3, 1837.
The third circuit, New Jersey, and Eastern and Western Pennsylvania. Act of March 3, 1837.
The fourth circuit, Maryland, Delaware, Virginia, and North Carolina, Act of July 15, 1862, sect. 1.
The fifth circuit, South Carolina, Georgia, Alabama, Mississippi, and Florida. Act of July 15, 1862, sect. 1.
The sixth circuit, Louisiana, Texas, Arkan sas, Kentucky, and Tennessee. Act of July 15, 1862, sect. 1.
The seventh circuit, Ohio and Michigan. Act of January 28, 1863.
The eighth circuit, Indiana and Illinois, Acts of January 28, 1863, and February 9, 1863.
Tice ninth circuit, Missouri, Iowa, Kansas, Wisconsin, and Minnesota. Acts of July 15, 1862, sect. 1, and February 9, 1863.
The tenth circuit, California and Oregon. Act of March 3, 1863, sect. 1.
32. In the early history of the govern ment it was intended that one or more of these courts should be held annually in every state, at which should be present one of the justices of the supreme court. But the in crease of the number of states and the re moteness of some of them from any of the justices sometimes rendered this impossible, and there were in 1860 seven states in which no justice of the supreme court held court,— viz.: Florida, Texas, lows, Wisconsin, Cali fornia, Minnesota, and Oregon. But this evil has been remedied by the acts of July 15, 1862, and March 3, 1863.
The act of September 24, 1789, sect. 10, gives the district court of the Kentucky district, besides the usual jurisdiction of a district court, the jurisdiction of all causes, except of appeals and writs of error, thereinafter made cognizable in a circuit court, and writs of error and appeals were to lie from deci sions therein to the supreme court, and under the same regulations. By the 12th section, authority was given to remove cases from a state court to such court, in the same manner as to a circuit court.
33. One of the justices of the supreme court of the United States, and the district judge of the district where the circuit is holden, compose the circuit court. The dis
trict judge may alone hold a circuit court, if no judge of the supreme court have been allotted to that circuit.
The act of April 29, 1802, sect. 5, provides that on every appointment which shall be hereafter made of a chief justice or associate justice, the chief justice and associate justices shall allot among themselves the aforesaid circuits as they shall think fit, and shall enter such allotment on record.
The act of March 3, 1837, sect. 4, directs that the allotment of the chief justice and the associate justices of the said supreme court to the several circuits shall be made as hereto fore.
By the act of August 16, 1842, the justices of the supreme court of the United States, or a majority of them, are required to allot the several districts among the justices of the said court. And in case no such allotment shall be made by them at their sessions next succeed ing such appointment, and also after the ap pointment of any judge as aforesaid and before any other allotment shall have been made, it shall and may be lawful for the pre sident of the United States to make such allotment as he shall deem proper,—which allotment, in either case, shall be binding until another allotment shall be made. And the circuit courts constituted by this act shall have all the power, authority, and jurisdic tion, within the several districts of their re spective circuits, that before the 13th Feb ruary, 1801, belonged to the circuit courts of the United States.
34. Formerly there were two terms of the circuit court held in each state, at which the supreme judge and district judge presided ; but the system has been essentially changed by the increased number of states in the Union and the division of several of the large states into two or more judicial districts. Thus the judges of the district courts are in creased as follows: there are two districts and two judges in. New York, Pennsylvania, Vir ginia, Florida, Louisiana, Texas, Missouri, Ohio, Illinois, Michigan, and California.