Everything about The Judiciary Act Of 1869 totally explained
The
Judiciary Act of 1869 (16
Stat. 44
), also called the
Circuit Judges Act of 1869, was a
United States statute that made two important reforms of the
federal judiciary.
First, judgeships were created for the
circuit courts; in this case, one circuit judgeship was created for each of the nine circuits. Up until this time, circuit courts were normally only staffed by district judges and
Supreme Court justices "riding circuit". This was actually the third time that Congress had created circuit judgeships, but the first time was the soon-repealed
Judiciary Act of 1801, and the second was a single circuit judgeship in the frontier state of
California which only lasted from 1855 to 1863. This law didn't abolish circuit riding, but significantly reduced its burden by requiring each justice to attend circuit court in each district within his circuit only once every two years. Circuit riding would later be abolished with the
Judiciary Act of 1891.
Second, for the first time, federal
judges (and justices) were given the option to retire with a
pension. The pension was set at the salary of the judge at the time of retirement, and a judge had to be at least seventy years old and have ten years of service on the federal bench before being allowed to retire.
This Act also set the Supreme Court at its current size of nine justices. The
Judicial Circuits Act of 1866 had reduced the Court from ten to seven justices, although the reduction was to occur only as seats became vacant. As only two seats were vacated between 1866 and 1869, the Court had eight justices at the time of this Act, so one new seat was created.
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