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Volume 2 details the workings of the Court's experimental practice of sending Justices around the country to serve as judges at sessions of the various federal circuit courts. The documents in this volume reveal that the justices quickly voiced bitter complaints about the demands of their circuit duties. They also questioned the propriety--and perhaps constitutionality--of assigning the same individuals to act as superior and inferior court judges. The documents in this volume also touch upon topics that figured prominently in the law and politics of the era: neutrality, the boundary between state and federal crimes, the constitutional prohibition against impairing the obligations of contracts, and the relationship between law and morality.
Volume one presents documents that establish the structure of the Supreme Court and recount the official record of the Court's activity during its first decade. It serves as an introduction and reference tool for the subsequent volumes in the series.
Volume 6 covers the beginnings of federal admiralty and equity jurisprudence, habeas corpus, judicial review, forreign affairs, and the relationship between the national judiciary and state courts. Also included is an appendix of documents pertaining to the question of whether the Supreme Court could issue advisory opinions at the request of the executive branch. A narrative history introduces each case, and the documents are arranged chronologically thereafter. The texts of many of them had to be reconstructed from originals that were severely damaged or written in shorthand. Taken from official court records, as well as related correspondence, lawyers' notes, justices' notes and opinions, newspaper commentary, and pamphlets, these documents provide critical material with which to assess the initial development of federal court practice and procedure.
Volume 3 treats the justices on circuit, and include among other things, a circuit court calendar for each of the three circuits from 1790 to 1800 and a collection of grand jury charges.
Volume 4 assembles a selection of documents illustrating the statuory development of the federal judiciary from 1789-1800. Beginning with a narrative essay on the background of Article III of the Constitution, the volume tracks, from the First through the Sixth Congresses, all the major and minor legislation relevant to the establishment of the American judicial system. As the decade unfolded, experience revealed problems with the system as it was initially structured, and efforts were made to change it. Dissatisfaction with circuit riding, with the method of juror selection, and with judges undertaking duties not strictly judicial, for example, led to various legislative attempts at reform.