Page:The Supreme Court in United States History vol 1.djvu/115

Rh two sessions of the Supreme Court at Philadelphia, in the two most severe seasons of the year, is a task which, considering the extent of the United States and the small number of Judges, is too burdensome. That to require of the Judges to pass the greater part of their days on the road, and at inns, and at a distance from their families, is a requisition which, in their opinion, should not be made unless in cases of necessity.

Congress paid no heed to the request; but it lightened the labors of the Judges somewhat by passing the Act of March 2, 1793, which provided that the Circuit Courts should consist of one Supreme Court Judge and one District Judge; and thereafter, the Judges took the Circuits in turn, instead of being confined to fixed Circuits. In consequence of this change, Jay, who during the previous year had been a candidate for Governor of New York, because, as he wrote, "the office of a Judge of the Supreme Court of the United States was in a degree intolerable and therefore almost any other office of a suitable rank and emolument was preferable," decided to remain on the Bench. He still insisted, however, upon the weakness of the Federal Judiciary system. "The Federal Courts have enemies in all who fear their influence on State objects. It is to be wished that their defects should be corrected quietly. If these defects were all exposed to public view in striking colors, more enemies would arise, and the difficulty of mending them be increased. When it is considered that the important questions expected to arise in the Circuit Courts have now been decided