A manual on the origin and development of Washington

by H. Paul Caemmerer

THE COURTS OF THE DISTRICT OF COLUMBIA

The District of Columbia Courthouse is situated in Judiciary Square, along Indiana Avenue, facing south, with John Marshall Place immediately in front of it, leading down a slope of 30 feet to Pennsylvania Avenue. It is the old city hall, now used for the Supreme Court of the District of Columbia, and is one of the oldest buildings in the city. Designed by the English architect, George Hadfield, the corner stone was laid August 22, 1820. The building is 250 feet long, 47 feet high, and 166 feet deep. Each of the wings is 50 feet wide. Its style resembles the classical type of architecture which received an impetus during the period from 1830 to 1840, when the Patent Office, the old Post Office, and the Department of the Treasury Buildings were erected. It was remodeled by the Architect of the Capitol, and in 1920, a century after the corner stone was laid, was officially rededicated as the United States Courthouse. It will be at the head of the new municipal center which has been authorized by Congress to occupy four squares, two on each side of John Marshall Place.

The District of Columbia as the seat of the Federal Government of the United States of America was without a court from 1791 until February 9, 1801. In the latter year the Circuit Court of the District of Columbia was organized under the provisions of the act of Congress providing a judiciary for the said District. From 1790 until the year 1801 all litigation arising within the District was disposed of by the Maryland courts, at Annapolis.

The first session of the circuit court was held in Market Square, Alexandria, situated in the territory ceded by Virginia. The first session on the Maryland side was held in Washington on March 23, 1801, in the old brick Capitol, occupying a room adjoining the Senate Chamber which had been assigned to the Supreme Court of the United States. The circuit court was rather nomadic, occupying a number of sites before the city hall was finally built in 1820 as its permanent home. It was in the Capitol at the time of the War of 1812 and was removed to “Mr. Carroll’s house” near the Capitol. After the war the court returned to the Capitol and sat continuously until 1819. After passing through many heartbreaking annoyances, the court finally settled in the building erected for municipal affairs and for the local courts, located in what is now known as Judiciary Square.

As time progressed the judicial system expanded, the local government underwent radical changes, and the edifice erected to house a dual tenancy was acquired by the United States and assigned to the circuit court as a permanent home. It remained there until the court was abolished by Congress on March 3, 1863.

When President Lincoln entered the White House just before the rupture between the North and South, he was not satisfied with the personnel of the circuit court. He prevailed upon Congress to abolish the circuit court and provide for its successor—history hints this was a political move—and also that the President be supported by a judicial system upon which he could rely for complete loyalty to his administration. He believed that at least two of the justices were in sympathy with the South and would use means to embarrass his administration. The thought in his mind was that more satisfaction could be derived by the abolition of the court and the enactment of a new judicial system entirely friendly to his ideas of personal liberty and justice than through the suspension of the writ of habeas corpus.

DISTRICT OF COLUMBIA SUPREME COURT BUILDING, BY GEORGE HADFIELD.

Congress complied with President Lincoln’s wishes, and on March 3, 1863, created the Supreme Court of the District of Columbia, giving him the appointment of the new justices and the clerk. This court was to have all the jurisdiction of its predecessor—which by statute and decisions of the Supreme Court of the United States had greater powers than any of the United States circuit courts—not only a court of local jurisdiction, but also a court of admiralty, equity between residents and nonresidents, common-law jurisdiction, and the right of mandamus and common-law certiorari over all Government officials, with an appellate branch to be composed of three of the five justices to review the decisions of its special terms.

On May 4, 1863, the court organized and promulgated rules of practice. From that date until February 9, 1893, it held its appellate jurisdiction. The members of the bar previous to that date had interceded with Congress for a separate court of appeals in order to circumvent any comment against the supreme court owing to the close association of its justices sitting as an appellate tribunal to review the decisions of their brothers holding the special terms. This was accomplished. On February 9,1893, the court of appeals was created. It is now composed of five justices, as against three provided for in the organic act.

With its probate court—district court, embracing admiralty, condemnation of adulterated articles under the pure-food act; the widening of streets, and the condemnation of alleys and privately owned property for carrying out the enlargement and beautification of Washington; its purely local jurisdiction to settle disputes in equity and law; the jurisdiction over Government officials and inferior courts of the District—it is taxed to the limit of human endeavor to keep up with the tide of modern requirements and hold all who come within its jurisdiction to an orderly and legal course of conduct. Its opinions have always received wide notice and are continually quoted in State and Federal courts.

Many noted cases have been disposed of, as disclosed by its records. President Grant was sued for damages for false arrest of an individual. When the case was tried the verdict of the jury was in favor of the President. The trial of Charles J. Guiteau for the assassination of President Garfield was held here, and after a long-drawn-out and stormy session covering many weeks the assassin was convicted. The famous oil-scandal cases against Doheny and Sinclair, involving the bribery of Albert B. Fall, a former Secretary of the Interior, were tried by this court. Many other cases of note could be mentioned, but space will not permit.

Under the various acts of Congress, the number of justices has gradually increased until at the present time the destiny of this court is in the control of ten justices. The bench as constituted to-day is composed of a chief justice, the Hon. Alfred A. Wheat, and the following associate justices, the Hon. Jennings Bailey, the Hon. Peyton Gordon, the Hon. Jesse Corcoran Adkins, the Hon. Oscar R. Luhring, the Hon. Joseph W. Cox, the Hon. James M. Proctor, the Hon. F. Dickinson Letts, the Hon. Daniel W. O’Donoghue, and the Hon. Bolitha J. Laws.

The orphans’ court in the District of Columbia, as constituted by the act of 1801, continued until 1870, when its functions were transferred to one of the justices of the Supreme Court of the District of Columbia holding a special term for probate business; the register of wills is also clerk of the probate court.

Justice-of-the-peace courts continued until 1912, when they were superseded by the present municipal court, with a jurisdiction in debt and landlord and tenant cases, replevin and tort actions not exceeding $1,000, and the right of litigants to apply to the court of appeals for a writ of error if they feel aggrieved.

A police court, divided into two branches—municipal and Federal—with appeal to the Court of Appeals of the District of Columbia, is presided over by judges.

DR. WILLIAM THORNTON