In pursuance of this clause, Congress passed in 1789, what is known as the "Judiciary Act," the first section of which reads: "The Supreme Court of the United States shall consist of one chief justice and five associate justices." This act also established the inferior federal courts, the circuit and district courts, and also defined and fixed their fields of jurisdiction, i.e., the class of cases which these courts could have power to try.
The Supreme Court stands at the head of our national judiciary. Its field of jurisdiction is the construction and exposition of the Constitution of the United States. Hon. S.F. Miller, senior justice of this court, speaking of the high character of the duties performed by this court, said: "This court, whether we take the character of the suitors that are brought before it, or the importance of the subjects of litigation over which it has final jurisdiction, may be considered the highest the world has ever seen. It has power to bring States before it, States which some of our politicians have been in the habit of considering sovereign, not only when they come voluntarily, but by Federal process they are subjected, in certain cases, to the judgment of the court. Whatever these States may have been at the time of the formation of the Constitution, they now number their inhabitants by the millions, and in wealth and civilization are equal to many of the independent sovereignties of Europe."
There have been considerable changes in the structure and duties of the Supreme Court since its formation. At present there are nine justices, instead of six. There is now one annual term of the court held, beginning on the 2d Monday of October and continuing until about May 1. Of the nine justices six constitute a quorum.
The Supreme Court first met in February, 1790. Since its organization it has had eight chief justices, in the following order.
John Jay, 1789-1795.
Oliver Ellsworth, 1795-1801.
John Marshall, 1801-1835.
R.B. Taney, 1836-1864.
S.P. Chase, 1864-1873.
M.R. Waite, 1873-1888.
M. Fuller, 1888.
In 1795 John Rutledge was appointed to succeed Jay, received his commission, and held one term of the court, but was not confirmed by the Senate.
During the early years of the existence of the Supreme Court few cases arose requiring its jurisdiction. During the first term there was no business to be transacted. In 1801 there were only ten cases on the docket, and for some years the average annual number of cases was twenty-four; but in later years the number rapidly increased. From 1850 the average number of cases decided was seventy-one, while from 1875 to 1880 the average was three hundred and ninety-one per annum, and now there are more than a thousand cases awaiting a hearing, and the court is so far behindhand in its work that it takes from three to four years for a case to come up for trial after having been entered upon the docket. At present there are about four hundred cases granted a hearing yearly.
Almost immediately after the adoption of the Constitution began struggles and disputes between the States and the Federal Government. In this contest the Supreme Court steadily upheld the central power, and did much by its decisions to enforce and establish the power of the Constitution. Especially was the court powerful during the years 1801 to 1835, when Marshall was chief justice, to whose wisdom and prudence it is difficult to ascribe too much influence in fixing the present stability of our government.
The Supreme Court has been an invariable supporter of the Federal Constitution. During the early years of our government it was our firmest barrier against the efforts of the States to lessen the federal power. It has always maintained the balance of power between the States and the Union.
The annual term of the Supreme Court begins the second Monday of October and lasts until about May. Daily sessions, with the exceptions of Saturdays and Sundays, are held, beginning at 12 o'clock, in the Capitol building at Washington. The present justices are Fuller, chief justice, and Lamar, Bradley, Field, Harlan, Gray, Blatchford and Brewer, associate justices. Every Saturday morning the justices meet in consultation and decide cases argued during the week. The decisions are announced on Monday mornings. The justices are appointed by the President, hold office for life, and are removable only by impeachment.