The Tenth Circuit Act of 1863 () was a federal

statute A statute is a formal written enactment of a legislative authority that governs the legal entities of a city, state, or country by way of consent. Typically, statutes command or prohibit something, or declare policy. Statutes are rules made by ...

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 U.S. Federal tribunals in the United States, federal court cases, and over Stat ...

from nine justices to ten, and which also reorganized the circuit courts of the

federal judiciary The judiciary (also known as the judicial system, judicature, judicial branch, judiciative branch, and court or judiciary system) is the system of courts that adjudicates legal disputes/disagreements and interprets, defends, and applies the law ...

. The newly created Tenth Circuit consisted of

California California is a state in the Western United States, located along the Pacific Coast. With nearly 39.2million residents across a total area of approximately , it is the most populous U.S. state and the 3rd largest by area. It is also the m ...

and

Oregon Oregon () is a U.S. state, state in the Pacific Northwest region of the Western United States. The Columbia River delineates much of Oregon's northern boundary with Washington (state), Washington, while the Snake River delineates much of it ...

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

History

Stephen Johnson Field, photo half length seated, 1875

The period of the

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

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 Unio ...

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 sometimes called the Circuit Judges Act of 1869, provided that the Supreme Court of the Unite ...

, 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 a ...

was installed in the newly created

Associate Justice 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 sta ...

seat A seat is a place to sit. The term may encompass additional features, such as back, armrest, head restraint but also headquarters in a wider sense. Types of seat The following are examples of different kinds of seat: * Armchair, a chair ...

. Shortly thereafter,

Salmon P. Chase Salmon Portland Chase (January 13, 1808May 7, 1873) was an American politician and jurist who served as the sixth chief justice of the United States. He also served as the 23rd governor of Ohio, represented Ohio in the United States Senate, a ...

replaced Roger B. Taney as Chief Justice of the United States, and in 1865

John Catron John Catron (January 7, 1786 – May 30, 1865) was an American jurist who served as an Associate Justice of the Supreme Court of the United States from 1837 to 1865, during the Taney Court. Early and family life Little is known of Catron's ...

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 The Taney Court refers to the Supreme Court of the United States from 1836 to 1864, when Roger Taney served as the fifth Chief Justice of the United States. Taney succeeded John Marshall as Chief Justice after Marshall's death in 1835. Taney ser ...

(its final composition) and the beginning of the

Chase Court The Chase Court refers to the Supreme Court of the United States from 1864 to 1873, when Salmon P. Chase served as the sixth Chief Justice of the United States. Chase succeeded Roger Taney as Chief Justice after the latter's death. Appointed by ...

(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

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