While the Constitution provided for one Su-
preme Court, it did not limit the number of
Judges. It was, therefore, for Congress to pro-
vide what number of Supreme Court Judges there
might be. This very important power Congress
has, at times, threatened with partisan zeal to
abuse. It has been once or twice proposed to
change the supposed political complexion of the
Court by creating additional judgeships. Every
patriot sincerely hopes that Congress may never
be moved to adopt such a course. The number of
Judges originally was seven. It was then reduced
to five. The number has been changed from time
to time, and now the number is nine.
The original judiciary act was drafted by
Oliver Ellsworth. He was a member of the Con-
stitutional Convention and of the United States
Senate from Connecticut. Upon the committee
with him were three or four other members of the
Constitutional Convention, from which it is to be



158 POPULAR GOVERNMENT

inferred that the act properly carried out the
purposes of that framing body. Mr. Ellsworth
subsequently became Chief Justice of the United
States, but his greatest public service for which
he is chiefly remembered was his judiciary act.
While the judiciary act has been amended from
time to time, it still retains much of its original
language and form. It established, as inferior
courts, in each of the circuits, now numbering nine,
a district court and a circuit court and defined
their jurisdictions, and provided for the appellate
jurisdiction of the Supreme Court. In 189^, an
intermediate appellate court, called the Circuit
Court of Appeals, was created in each circuit. In
1911, the jurisdiction of the circuit courts was
transferred to the district courts and the circuit
courts were abolished.
