xt7x6970082j https://exploreuk.uky.edu/dips/xt7x6970082j/data/mets.xml Virginia Historical Records Survey of Virginia 1942 Prepared by The Survey of Federal Archives, Division of Community Service Programs, Work Projects Administration; Virginia Conservation Commission, Sponsor, the National Archives, Co-sponsor; Other contributors include: Survey of Federal Archives (U.S.), United States Work Projects Administration, Virginia Conservation Commission, National Archives (U.S.); xvii, 140 pages, 26 cm; Mimeographed; UK holds archival copy for ASERL Collaborative Federal Depository Program libraries; Call number FW 4.14:F 317/ser.2/no.45 books English Richmond, Virginia: The Survey This digital resource may be freely searched and displayed in accordance with U. S. copyright laws. Virginia Works Progress Administration Publications Inventory of Federal Archives in the States, Series II The Federal Courts, Number 45 Virginia text Inventory of Federal Archives in the States, Series II The Federal Courts, Number 45 Virginia 1942 1942 2015 true xt7x6970082j section xt7x6970082j     IInI¤IIIf IIITIIIIIIIRIA I l
   
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HISTORICAL RECORDS SURVEY
O WORK PROJECTS ADMINISTRATION

  i
E INVENTORY OF FLDLR./IL J\I·CI1IVbS IN THE STATLS
  Prepared by
F The Survey of Federal Archives
Q Division of Community Service Programs
ii Work Projects Administration
j Sponsored by
l The Virginia Conservation Commission
The National Archives
Cooperating; Sponsor
I
  SERIES II. THE FEDERAL COURTS
 I NO. 45. VIRGINIA
  Richmond, Virginia
“ The Historical Records Survey of Virginia
{ 1942

 Historical Records Survey Projects
P. M. Hamer, Assistant Director in Charge of
the Inventory of Federal Archives  
Kathleen Bruce, State Supervisor
Research and Records Programs
Harvey E. Becknell, Director
Milton W. Blanton, Regional Supervisor T_
James A. McAleer, State Supervisor y
 
Division of Community Service Programs
Blanche M. Ralston, Chief Regional Supervisor S
Ella G. Agnew, State Director
WORK PROJECTS ADMINISTRATION
Howard O. Hunter, Commissioner ,
Roy Schroder, Regional Director “@
Russell S. Hummel, State Administrator N

 I r iii
PHHFACE
The Inventory of Federal Archives in the States is one of the
‘h·_ products of the work of the Survey of Federal Archives, which was
operated as a nation-wide project of the Works Progress Administra-
tion from January 1, 1956, to June 30, l937, and which has been con-
  tinued in Virginia since that date as a state project of that Ad-
A ministration and of the Work Projects Administration of the Federal
. Works Agency, -
The plan for the organization of the Inventory is as follows: '
Series I consists of reports on the administration of the Survey,
acknowledgments, and general discussions of the location, condition,
V and content of federal archives in the states. Succeeding series
contain the detailed information secured by workers of the Survey,
in inventory form, a separate series number being assigned to each
of the executive departments (except the Department of State) and
other major units of the Federal Government. ‘Uithin each series No. l
is a general introduction to the field organization and records of
the governmental agency concerned; the succeeding numbers contain the
inventory proper, separate numbers being assigned to each state in
h, alphabetical order. Thus, in each series, the inventory for Alabama
I is No. 2, that for Arizona No. 5, that for Arkansas No. 4, etc.
For each local office information regarding each series, or unit
of related records, is presented in the following order: title, in-
clusive dates ("to date" indicating an open file at the time the
information was secured), general description of infonnational con-
`V tent, description of the system of filing or indexing (if any), a'
g statement of frequency and purpose of use, form of the record itself
(bound volume, sheets in folders, etc.), linear footage, description
of the containers, physical condition of the records (not stated if
A satisfactory), location by room number or other identifying informa-
tion, and finally the number of the Form 58SA on which this infonwa-
V tion was originally recorded by a Survey worker and from which it i
was abstracted for the Inventory. This form is on file in the
National Archives.
In Virginia the work of the project was under the supervision of
Mr. Terry C. Durham from its inception until September 1956. Ho was
then succeeded by Dr. Kathleen Bruce under whose direction the project
was reorganized and a new survey begun. Dr. Bruce has continued in
charge Ol Federal Archives work, although in January 19dO the Survey
of Foderal~Archives was consolidated with the Historical Records Survey
with Dr. Bruce as state supervisor of the combined project, This in-
ventory of the records of the Federal courts in Virginia was prepared
in the Richmond office of the Survey and with the exception of the
` . Introduction and the brief history of each local agency was edited,
[before it was finally typed, by Dr, Richard Stenberg of the Washington
_k office. The entries were arranged by Dr. Stenberg. Dr, Bruce wrote _
»@ the Introduction. The research in the United States statutes was
made by Miss Eleanor Belt under the immediate direction of Dr, Bruce,
py KCn{["e}C€.’| {QFILJQQ.
»~ Richmond, Va. Kathleen Bruce, State Supervisor
- May 15, 1942 Historical Records Survey of Virginia
  -

 , 7 7 »·r——· ?—*7·‘T"4"’T` "l r" {4

 v
CONTENTS `
Page
INTRODUCTION.. ..................... . ............................... xi
UNITED ETLTES CIRCUIT COURT OF APPEALS
Fourth Circuit
Richmond
CIerk...,.... ..................... ..... ................. I
UNITED STLTEb DISTRICT COURTL
Eastern District of Virginia
Norfolk
ClerK... .,....................... . ...................... 2
Old Circuit Court Records. .......................... 2
District Court Records
Generel .......................................... 4 A
. Equity ........................................... 8
Bankruptcy ....................................... 9
Admirelty ..................... . .............. .... 12
Criminal ................................ . ...... .. 15
United btntee Commissioner ....................... I6
Neturalizetion ................................... I6
Attorneys ..................... . .................. I7
Fiscal Accounts;. ..... _ .............. . ........... 4 17 ‘
MisceIIaneous.... .............. .. ............... . 18
Correspondence· ......... _ .......... . .......... . .... 19
Probation end Parole Officer ......................... ... I9
Referee in Bankruptcy ......... . ................ . ........ 2O
United btetes Commissioner .... . ......... ..... ........... 21
Newport News
United btutes Commissioner ......................... . .... 22
Phoebus
United btates Commissioner, .... .. ................ . ...... 22
Alexandrie
Deputy Clerk. .... .. .............. . ................... ... 25
Old Circuit Court Records.. .......................... 25
District Court Records _
Ccnerel ..... . ....... , ..... ... ..... . .......... . .... 24
Equity ............................................ 25
Bnnkruptcy... .................... . ................ 26
I Admiralty...Q ..................... . ....... . ....... r 27
Special Civil Metterc ......................... ,.... 27

 vi
Page
Criminal .................... . .......... . ..... ..... 27 i
United States Commissioner ..... .... ............. .. 28
Neturslization .............................. . ..... 28
Attorneys .... ........ ........... ... ........ ....... 29
Fiscal Accounts. ................... . ....... ....... 29
Miscelleneous.... .......... . ..................... . 50
Correspondence .................................. `.. 5l
Courts for the former Alexundrie County, District of 4
Columbie.............. ..... ..... ....... ...... ....... . 52
Records filed et Alexendris ............. ..... ....... . 55
U Records filed at Arlington ..... .......... ........ .... 55
Richmond
Deputy Clerk. ......... ...... ...... .............. ........ 59
Old Circuit Court Records
Cenerol..... ..... ......... ...... .................. 59
Equity ................. . .... . .................... . 42
Benkruptcy .... .......... ................... .. ..... 45
Crimincl........... ..... . .... ... ...... ............ 45
United Ltotes Commissioner ............. . .......... 45
Fiscal hccounts ...... . ..... . .......... . ........... 44
Miscelleneous ...... . ................ ... ........ ... 44
District Court Records
General ......................... .. ....... ......... 45
Equity .......... . ............... . .... . ............ 50
Benkruptcy... ....... ... .... . .... ....... .... . ...... 5l
Admirelty.... ......... ... ............. . ...... ..... 54
Crimintl... ...... .. .......... ............. ..... ... 55
United Stetes Commissioner,. .... . ..... ..... .... ... 57
Neturelizstion... ........... . .... . ...... .......... 58
Fiscel hocounts.. ....................... ..... .... . 58
Miscelleneous. ..... ......... .... ....... ..... ...... 59
Correspondence.. ........................ .. ....... . 65
Probation end Perole Officer. ..... _........ .... .......... 65
` Referee in Banxruotcy..... ...... ....... ........ ... ..... . 65
United ststes Commissioner. ...... . ..... .. ...... ......... 66
Petersburg _ °
United Stetes Commissioner .................... . ......... 66 4
Western District of Virginin
LZs,:`ri.. ynburg A 4 V 4
4 Clerk. .................... . .......................... 68
Old Circuit Court Records _ __ V
Goncrel.............. ...... 4..... .......... . .... ... 68-
bquity......_ ...... 4...........,. ....... _~., ..... .... 69 ·
Criminel. ....... .. ........ .. .... . ..... ,........... 70
4

 vii
United btutes Commissioner ......................... 70
District Court Records
Generel .......................... . ........... ...... 70
Equity.. ......................... . ................. 75
Bankruptcy ................................ L ........ 77
bpecisl Civil Matters .............................. 80
Criminal ........................................... 80
United Stntes Commissioner ................. . ....... 82
Nsturelizetion ............. . ....................... 82
Attorneys .......................................... 85
Fiscal Accounts .................................... 85
Miscelleneous ...................................... 84
Correspondence ..................................... 84
Abinglon
Deputy Clerk ....................... . ..................... 85
Old Circuit Court hecords ........................... .. B5
District Uourt Records
General ....................................... ..... 85
Equity.... ........... . ..................... » ....... 91
Bankruptcy. ....................................... . 92
Lpecisl Civil Mstters ............................. . 94
Criminwl ........................................... 94
United Stttee Commissioner .............. . .......... 96
Attorneys .... . ..................... , ............. .. 97
Fiscal Accounts .................................... 97
Miscelleneous... ................... . .... ..... ..... . 98
Correspondence ................... . ....... . ........ . 99
&g5mme&p
Deputy Clerk..... .................. . .... . ............... . 100
District Court Records
Gener;1 ....... .. ............ . ...... . ........ .....,. 10J
Equity ............ . ........... . .... . ........ . ...... 101
Bankruptcy .... . .......... . ........ . ................ 102
épeciel Civil Mstters .... . ........... . ........... .. 105
Criminel, ................................. ......... 105
United States Commissioner ....... . .............. ... 104
‘ Naturalization ..................................... 105
Attorneys .......... . ............................ ... 105
Fiscal Accounts .................................... 105
Miscelleneous ........ .. ....... , ......... . ........ .. 105
Correspondence ............................ . ..... ... l06
Charlottesville
Deputy Clerk ................................. . ......... .. 106
Old Circuit Court Records
` Generel .......................................... .. 106

 V iii
Equity., ..................................... ...... 107
Criminal..... .................. ` ......... . .... . .... , 107
Fiscal Accounts. .... . ...................... . ....... 107
Miscellaneous ...................................... 108
District Court Records ·
General ........ . .................... ....... ..... ... 108
Equity .... ............. ........... . ....... . ..... ... 109
Bankruptcy .... . ................... . ............... , 110
Special Civil Matters. .................. ..... .... .. lll
Criminal........................................... 111
Naturalization ...... . .............. ... ..... ........ 112
Fiscal Accounts ..... ...,.......... ................ . 112
Correspondence.. .... ..... .............. . ........... 115
Danville
Deputy Clerk.... .............. . ........... .... ........... 115
Old Circuit Court Records,. ...... , ........ . .......... . 115
District Court Records r `
General .............................. ......... .... . 114
Eouity.. ............ .. ...................... .. ..... 115
Bankruptcy ........................ . ................ 116
Criminal ......... . ................... V ........ . . . . . . 117
Naturalization ................... ... ....... . ....... 118
Fiscal Accounts ................... ; ...... .......... 119
Miscellaneous. ........................ .-.... ...... .. 119
Correspondence. .... . .... , ....................... ... 120
United States Conmdssioner ...... . .... .......... .... ...... 120
Lynchburg
Deputy Clerx ....... . ................. , ................... 120
Old Circuit Court Records
General .................... .. ....... .. ............ . 120
Equity .......................... . ...... . .... ....... 121
Crimina1...... .................. .1.. ............. .. 122
Fiscal Accounts ................................. .,. 122
Miscellaneous ...................................... 122 _
District Court Records
General ...... ...... .... . ......... . ..... . ...... . .... 122
Equity ....... . ...... .... ....... . ................ ... 125
Bankruptcy, .............. — ......................... . 126
Criminal..................... ....... .... ...... ..... 128
United States Commissioner ...... . ..... , ...... . ..... 128
Naturalization ............ . .......... . ............. 129
Fiscal Accounts .................................... 129
Miscellaneous ............. . .......... . ............ . 150
Correspondence ........... . ......................... 151

 ix
,7 Roanoke `
)7 Deputy Clerx ............................................. 151
)7 01d Circuit Circuit Recorus ........, . ................. 152
)8 District Court Records
General .......................................... ». 152
)8 Equity ..... . ........................... . ........... 155
)9 Bankruptcy ........ . .............. ... ............... 154
O Crimina1.... .................................... ... 155
'I United btotes Commissioner ................... ...... 156
'l Neture1iz;tion.... ................................. 156
`2 Correspondence. ..... . ............ . .... . ....... ..... 157
L2 Probotion and Perole Officer ............................. 157
L5 Referee in Btnkruptcy .................................... 159
United btates Commissioner......... ......... . ........... . 140
L5
L5
L4
L5
L6
L7
L8
L9
L9
20
20
20
20
21
22
22
22 .
22
25 .
26
28
28
29 _
29
50
51

 ,   ·
W
'

 INTRODUCTION
The constitution provides for only one court, the Supreme Court.
lt was left to the Congress to create inferior courts and to deter- `
mine their jurisdiction. By the Judiciary Act of 1789, Congress crc-
ated the district courts and a series of circuit courts between the
district courts and the Supreme Court; divided the country into thir-
teen districts, in each of which there should be a district court pre-
sided over by a district judge; and organized the districts, except the
districts of Maine and Kentucky, into three circuits in each of which
two justices of the Supreme Court should ride the circuit and hold
a circuit court in each district, twice yearly, sitting with the dis-
trict judge. The Judiciary Act of 1789, one of the most remarkable
acts in the history of the Unitwd States, is the basis of our present
organization of the Federal courts.
Virginia, the largest state in the Union, was allotted two of the
thirteen districts. One of these was "to consist of the state of
Virginia, except that part called the district of Kentucky, and to
be called Virginia district"; the other — to consist of the remaining
part of Virginia · was "to be called, Kentucky district," Under an
act passed by the General Assembly of Virginia in Hay 1782, the
Virginia counties south of the Ohio River and west of the Big Sandy
River and the Cumberland Mountains had been organized for state pur-
poses as the district of Kentucky, The Federal judicial district of
Virginia consisted not only of the present state of Virginia, In it
was also the present state of West Virginia, which is composed of a
trans¤Allegheny section extending to the Ohio River, and a Valley sec-
tion east of the Allegheny Mountains and south of the Potomac, Those
sections remained a part of Virginia until secession split the com en-
woalth and brought about their acceptance by the United States in 1865
as the state of West Virginia. The history of the Federal courts held
` within the limits of the West Virginia sections prior to 1865 is a part
of the history of the Federal courts of Virginia. The records, however,
were assigned to remain in Nest Virginia by an act approved June 11, 1864,
which rcdistricted the two states after the dimnadbennent of Virginia.’
The records and history of the district court of Kentucky district
cannot be considered a part of the records and the history of the
Federal courts in Virginia. The settlers in the counties south of
the Ohio had petitioned for statehood before the Federal Government
was organized under the constitution. Congress by the Judiciary Act
of 1789 not only made the district of Kentucky a separate judicial
district with a district court of its own but empowered the court
to act as a circuit court, and in 1792 with the consent of the Gen-
eral Assembly admitted the district of Kentucky to the Union as the
state of Kentucky. Virginia although allotted two judicial districts
in 1789, for practical purposes had only one.
The district judge for Virginia district was ordered to hold annuq
ally four "sessions" of a district court, alternately in Richmond and
Williamsburg, and to begin the first session at Richmond on the third

 xii 7
Tuesday in December 1789. It was left to the district judge to detcmnine
in which of these cities the records should be kept. In addition, he was
given the power to appoint a clerk for the district court who should be
clerk also of the circuit court in that district. The district court
which he held had no appellate power and has none today. There is no au-
thority for the opinion held by many persons that cases may be appealed
from the highest state courts to the Federal district court. There is,
however, statutory provision for removing from a state court an action
which might have been brought in a district court. The Hon. Evan A. Evans,
senior judge of the United States circuit court of appeals for the seventh
circuit, briefly digests the‘powers vested in the district court by the
Judiciary Act of 1789 (Federal Digest, 1940, Vol. 2, p. 12). The court
had "exclusive jurisdiction over minor crimes cognizable under the laws of
the United States (the Federal courts having no common law jurisdiction
over crime), also of admiralty and marithie cases. Concurrontly with state
and circuit courts, the district court also had jurisdiction over com on
law suits where the United States or its officers were plaintiffs and
the matter involved exceeded $100, It also had exclusive jurisdiction
of suits against consuls and vice-consuls." Its jurisdiction, Judge
Evans continues, was extended in 1645 (5 Stat. 739) to include causes
of action arising under the postal laws of the United States; enlarged
in 1864 (13 Stat. 116, amended in 1911, 56 Stat. 1092) to include suits
brought under certain of the National Bank Laws; and expanded in 1868
(15 Stat. 167) to enforce the Internal Revenue Laws. In addition, it
was given jurisdiction over proceedings in bankruptcy in 1867 (14 Stat,
517, amended in 1898, 50 Stat. 545), and in 1911 (56 Stat, 1095).* But
the district courts originally had no jurisdiction over suits of a
civil nature, either at common law or in equity, and did not "assume
the major hnportance which they have since eccupied" until the circuit
courts were abolished in 1911, and the jurisdiction of matters within
the cognizance of the circuit courts conferred on the district courts
(36 Stat. 1092). Judge Evans calls attention to the district courts
having acted to a certain extent, prior to 1911, as a circuit court
"either with a circuit judge or, under certain conditions, in his ab-
sence, se that it has been difficult to distinguish between the action
of a district corrt as such and the action of the district judge acting
as a circuit judge." As will be seen, the district courts for the
western district of Virginia also acted within their own district,"in
the absence of a circuit judge," as a circuit court, from their estab-
lishment under an act of February 4, 1919, to the establishment of a
circuit court at Lewisburg in the western district, authorized by an
act of March 3, 1857.
The three circuits in which Congress united the thirteen districts,
exclusive of Maine and Kentucky districts, were called eastern, middle,
and southern circuits. Virginia with Maryland, Delaware, Pennsylvania,
and New Jersey composed the middle circuit. Two sessions of a circuit
court were ordered to be held annually within each district. A cir-
cuit court within a district was to be held by any pair of justices
of the Supreme Court and the district judge. The sessions of the cir-
cuit court for Virginia district were ordered to be held on the twenty-
second day of the month every sixth calendar month, alternately at
* Bankruptcy acts of 1800 and 1841 gave district courts jurisdiction
over bankruptcy proceedings but were soon repealed,

 xiii
1s
*5 Charlottesville and Williamshurf. The first session was ordered to
begin at Charlottesville on Hay 22, 1790. Earring an interval, July 1,
1801 — June 30, lSO2,·it had ue separate clerk of its own up to l839·
¥‘ The clerk of the district court was also clerk of the circuit court.
The circuit court was given both original and appellate jurisdiction.
Under the original jurisdiction, it had cognizsrcc concurrent with the
stats courts of all suits of a civil nature both at common law and in
·¤S, equity where the amount in controversy exceeded $5oo, and where the
ith United States was plaintiff, or where an alien was a party to the suit,
or where the suit was between a citizen of the state where the suit
was brought and a citizen of another state. It had original juris-
ef diction also over all criminal offenses cognizoblc under the laws of
the United States. Under the appellate jurisdiction, the court could
zate review decrees of tho district courts in civil actions where the amount
L in dispute was more than $50. Appeals to the Supreme Court were nl-
lowsd in ordinary cases only whsrs the amount in dispute was over
$2000. This was raised to ssooo in 1875 (18 Stat. 316).
Apparently there was not enough business in Virginia to occupy two
Federal circuit courts. At any rate after the two courts had been in
existence a little more than a year, Congress determined to abolish
one of them. A location for s sirqls circuit court had to he selected.
Richmond was not cul? the capitol of the state; it was also rapidly
becoming a mill town and the chief commercial center Because of its
strategic location at the falls of James River, the great commercial
river highway of Virginia. It was also nearer Washington than was
Williamsburq. Trus an act approved Fbrch 3, 1791, put an end to tic
semiannual sessiers of the circuit court at Charlottesville and Wil-
liamsburg and ordered the circuit court for the district of Vireinia
"to be holdem at the city of Richmond enly." Here the circuit court
sat uuinterruptédly, except during the years 186l — 66, from 1791
until Congress abolished it.
No other significant chsnges were made in the Federal courts in
Virginia until near the end of President John Adams' administration
in 1801. By 1801 two powerful political parties had developed in
the United States, the Federalist and Republican. The Federalist
party was the party of capitalistic interests. The Fedoralists new
maintained that an enlargement of the Federal judiciary would in-
crease Federal business. Through acts of February 13 and 27 and Ihrch
3, 1801, they stole the thunder of the incoming Republicans. By these
acts, they rcerggnized the judiciary, created m judicial system for
the District of Columbia, and appointed d large nuuher of new judres
from their own party. The act approved on February 13 increased the
number of districts from thirteen to twenty—twc, the nuvbor of cir—
cuits from three to six, and provided for s seperate set of judges
for five of the six circuits. These judges, three to 0 circuit, one
of whom was to he commissioned chief judge, had no other duties to
perform than to hold court in the different prrts of their circuit.
Virginia was directly affcctsd, both as to her circuit end hor dis-
trict court.
For the first time the state was divided into eastern ind western
districts for the holdirg of circuit court. The territori:1 boundary
* nn uct of Lgrch 2, 1793, ordered that the att ndance of only one of ths
justices of the quprsms Geurt at the circuit courts shouii be sufficient.

 V ifei ' "* '''''' 7** ' W ?" I   wil
xiv
lime between the two districts followed the county border lines, within `
Virginia, that separated the counties ow the east side of the Blue Ridge ·
Mountains from those on the west side, and ran from Harp&r's Ferry on Y
the Potomac to the northern boundary of North Carolina. The eastern ‘
and western districts of Virginia were classed with the district of
Maryland as the fourth circuit, As long as the act remained law, the *
august justices of the Supreme Court were no longer compelled as here- T
tofora to travel the rough red roads of Virginia to hold circuit courts, ‘
The three special circuit judges made the round by stage coach or in I
their own gigs, or on horseback. They were ordered to hold a circuit ‘
court in thc little mountain town of Lexington in Rockbridgc County
on April 5 and November 20, in and for the western district of Virginia; (
in Richmond at the falls on April 25 and December 5, in and for the 1
castcrn district of Virginia; and in Baltimore on Chcsapcakc Bay on ‘
March 2O and Novcmbor 5, in and for thc district of Maryland. 5
For the bcttgr dispatch of thc business of district courts, the
maritime and Tidewater riparian counties were scvcrcd from the dis- r
trict of Virginia tFmt they might bc plac@d in two additional districts ‘
to bo called the district of Potomac and the district of Norfolk. The
district cf Potomac was to consist of all that part of the district _
of Virginia north of the Rappahannock River and cast of the line which
divided the counties of Fauquier and Loudoun from the counties of 1
Fairfax, Frincc`”illizm, rnd Stafford; certain counties of Unrylandg
an* the District of Columbia, which itself consisted of territory cn
both siies of t?s Potomac to be organized by this same Congress on .
February B7, 120l, as Washington and Alexandria couvties (see p4 32).
The district jufrs of the district of Narylnmd was ordered to hold _
a district court in the city cf Qlexandria, D. C., but the Fadcrzlists ·
later c0umtcrmav*2d this order by their "midni¤ht" act apnrovsd March
5, 1801, which arranged for the chief judge of the District of Columbia
to hold the ¢istrict courts in and for the district of Potomac. The I
district cf Norfolk was to consist of the counties of Isle of WigPt,
Nansemond, Norfolk, Princess Anne, James City, New Kent, Whrwick, _
York, Elizabeth City, Gloucester, Ehthcws, Middlesex, Accomac, and Q
Northampton. The district judge of the district of Virginia was or-
dered to hold a c0urt_at Norfolk for the district of Norfolk on the _
first Tuesdays in February, Eby, August, and November, "in Gach and .
avery y@ar." This same district judge annually held four sessions _
in and for the district of Virginia, alternately at Richmond and
Williamsburg. .
In less than a month after the passage of the act of February 13,
Prcsidcnt Adams vent out of office and Thomas Jefferson entered the .
White House. On the desk of the Secretary of State lay the commissions
of 42 justices of the pcaco for Alexandria and Washington counties - (
(scc p. 32), one of them, the commission of one William Harbury, lnt0r
to hccomc fzmous because hc tried to got his commission and failed. .
J;ffcrs0n witkcld the commissions, since thc appointments had only ,
been corfirwnd on Yhrck 3. But J0ffcrs0n's party, thé party of &gT&T‘ _
ian interests, which had swcpt the polls in the elections for Comgrcss .
in "thc rcvolvtion of l800," had no chance to repeal Fcdcralisi ICQ- ,
islstion until t*c new Congress assembled in Doccmbcr l80l. Thcrcforc _

 xv
they could only look on while the drastic reorcenization of the ’eder¢l
G judiciary went into effect on and after July l, 1901, and the new judqes
prepared to assume office. On thrch 9, l¤O2, when the reorcanized ju-
diciary had had eifht months in which to prove its worth, President
Jefferson apnroved an act to repeal the judiciary acts of ?ehruary 13
and Varch 3, lV7l, and to revive "all the acts and parts of acts which
were in force “efore the passaie of the aforesaid two acts," to he "in
as full and cowilete force and operation as if the said two acts had
• never been made." The repeal and thc revival were to hecome effective
on July l, l3C2.
But the repeal act, as it was called, never hecamc fully effective.
_ On April 29, 1802, the President siqnod a hill which provided for the
° same numher of districts and circuits then in operation under the
Federalist act. In view of this endorsement of Federalist expansion,
one is disposed to conclude that so sweopin§ a repeal must have been
to some extent at least for propaganda purposes. The new bill made
changes in houndarics of circuits and in the disposition of districts.
The single district to which Virginia was again reduced for both cir-
i cuit and district court purposes was united with the district of North
Carolina to compose the fifth circuit. The circuit court was ordered
to sit only at Richmond and annually to hold two sessions. Tho por-
manent circuit judpes were not restored. The justices of the_Supreme
Court were again doomed to ride the circuit, for the purpose of hold-
ing court with the district judge within the district, and it was
ordered that the chief justice should ride the Virginia - North Caro-
lina Circuit.
Towards the end of John %dams' administration the chief justiceship
had fallen vacant. "hen John Jay refused it, Adams, for good or for
evil, "saved the future for Federalism" by makins John Warshall Chief
Justice. Althou¢h "arshall was Secretary of State, Congress confirmed
his apnointncnt not ouite six weeks hefore Jefferson hecame President.
The Federalist adiinistration therefore was passine out, but Federalist t
pT‘iI!Cipl·3G were to he entrenched in the opinions of the "judicial S‘Ef¤.‘€·?S·
man" whom Adams hai aproiwted. The Chief Justice who was to deliver
the opiniors of t“e circuit court at Richmond was John "arshall, the
cousin and *itter political enemy of Jefferson. On Qis lonq solitary
rides throuih tTe Forests and fields of "irrinia and ”orth Carolina,
Marshall had plenty of time to think out the principles which he wade
the law of the lan?. "Indeed", writes Judie Evans (federal Qjgegj,
1940, v01. 2, p. 8}, "it is asserted that some of the justices wrote
their hest opinions while sittir; as circuit judges. Lbny imnortant
cases reached the circuit court and went no further. One was the
trial of Aaron Burr in Fhy 1807. This case was heard hy a circuit
L court composed of Chief Justice Lbrshall and District Judge Cyrus
Griffin, at Richmond, Virginia."
A distinguished historian has remarked that the Republicans "cer—
tainly had a good deal in their favor, when they declared that there
was no reason for establishing two district courts in Virginia instead
of one, when th