Jurisdiction and Removal Act of 1875
Encyclopedia
The Jurisdiction and Removal Act of 1875: "An Act to determine the jurisdiction of circuit court
s of the United States
, and to regulate the removal of causes from State courts, and for other purposes."
18 Stat. 470. March 3, 1875.
Culminating a series of acts that expanded the authority of the federal judiciary after the American Civil War
, the United States Congress
in 1875 granted the U.S. circuit courts the jurisdiction to hear all cases arising under the United States Constitution
and the laws of the United States, as long as the matter in dispute was worth more than $500. The statute also made it possible for plaintiffs and defendants in cases before state courts to remove a case to a U.S. circuit court whenever the matter involved a question of federal law or if any members of the parties were from different states. By establishing the full federal jurisdiction permitted by the Constitution, the act of 1875 fundamentally changed the role of the federal courts through the most sweeping extension of judicial power since the short-lived Judiciary Act of 1801.
Since 1789, federal jurisdiction had been divided between the federal courts and state courts, with the latter hearing most cases involving federal law if both parties were residents of the state. In the first half of the nineteenth century, Congress occasionally expanded the right of removal to federal courts in order to protect specific areas of federal authority such as enforcement of customs regulations during the War of 1812
and the collection of revenue following South Carolina’s attempt to nullify tariff laws. During and after the Civil War, Congress more frequently included removal provisions in acts designed to protect civil and political liberties in the former Confederate states, but the right of removal continued to be extended only in attempts to enforce specific policies.
After the Supreme Court of the United States
in 1874 overturned the removal provisions in two recent acts, Representative Luke Poland of Vermont
introduced legislation to restore the right of removal in all civil cases in which one of the defendants was a citizen of a state other than that in which the suit was filed. Although the House rejected this modest extension of removal and passed a bill to make only minor revisions in the law, Senator Matthew Carpenter of Wisconsin
proposed amendments to grant full federal jurisdiction to the United States circuit courts and guarantee the right of removal in any civil case arising under federal law or in which there was diversity of citizenship, with the $500 threshold applying to both categories of cases. The United States House of Representatives
accepted that version of the bill, which President Ulysses S. Grant
signed into law in March 1875.
By 1875, the members of Congress who supported full federal jurisdiction and a broad right of removal from the state courts were concerned less with the protection of freed slaves and white Unionists
in the South than with the advancement of business interests that were often obstructed by state courts. The debate in Congress focused on the growing significance of interstate commerce and the economic benefits of a uniform system of justice. Although this broad redefinition of federal jurisdiction prompted surprisingly little comment at the time, the act of 1875 attracted new types of litigation that swelled the caseload of the federal courts and challenged the existing organization of the judiciary.
Source: http://www.fjc.gov/history/home.nsf/page/landmark_11.html
Further reading:
Kutler, Stanley I. Judicial Power and Reconstruction Politics. Ch. 4, "The Expansion of Power: New Jurisdiction," 143-160. Chicago: The University of Chicago Press, 1968.
Wiecek, William M. "The Reconstruction of Federal Judicial Power, 1863-1875." The American Journal of Legal History 13 (1969): 333-359.
Circuit court
Circuit court is the name of court systems in several common law jurisdictions.-History:King Henry II instituted the custom of having judges ride around the countryside each year to hear appeals, rather than forcing everyone to bring their appeals to London...
s of the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
, and to regulate the removal of causes from State courts, and for other purposes."
18 Stat. 470. March 3, 1875.
Culminating a series of acts that expanded the authority of the federal judiciary after the American Civil War
American Civil War
The American Civil War was a civil war fought in the United States of America. In response to the election of Abraham Lincoln as President of the United States, 11 southern slave states declared their secession from the United States and formed the Confederate States of America ; the other 25...
, the United States Congress
United States Congress
The United States Congress is the bicameral legislature of the federal government of the United States, consisting of the Senate and the House of Representatives. The Congress meets in the United States Capitol in Washington, D.C....
in 1875 granted the U.S. circuit courts the jurisdiction to hear all cases arising under the United States Constitution
United States Constitution
The Constitution of the United States is the supreme law of the United States of America. It is the framework for the organization of the United States government and for the relationship of the federal government with the states, citizens, and all people within the United States.The first three...
and the laws of the United States, as long as the matter in dispute was worth more than $500. The statute also made it possible for plaintiffs and defendants in cases before state courts to remove a case to a U.S. circuit court whenever the matter involved a question of federal law or if any members of the parties were from different states. By establishing the full federal jurisdiction permitted by the Constitution, the act of 1875 fundamentally changed the role of the federal courts through the most sweeping extension of judicial power since the short-lived Judiciary Act of 1801.
Since 1789, federal jurisdiction had been divided between the federal courts and state courts, with the latter hearing most cases involving federal law if both parties were residents of the state. In the first half of the nineteenth century, Congress occasionally expanded the right of removal to federal courts in order to protect specific areas of federal authority such as enforcement of customs regulations during the War of 1812
War of 1812
The War of 1812 was a military conflict fought between the forces of the United States of America and those of the British Empire. The Americans declared war in 1812 for several reasons, including trade restrictions because of Britain's ongoing war with France, impressment of American merchant...
and the collection of revenue following South Carolina’s attempt to nullify tariff laws. During and after the Civil War, Congress more frequently included removal provisions in acts designed to protect civil and political liberties in the former Confederate states, but the right of removal continued to be extended only in attempts to enforce specific policies.
After the Supreme Court of the United States
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
in 1874 overturned the removal provisions in two recent acts, Representative Luke Poland of Vermont
Vermont
Vermont is a state in the New England region of the northeastern United States of America. The state ranks 43rd in land area, , and 45th in total area. Its population according to the 2010 census, 630,337, is the second smallest in the country, larger only than Wyoming. It is the only New England...
introduced legislation to restore the right of removal in all civil cases in which one of the defendants was a citizen of a state other than that in which the suit was filed. Although the House rejected this modest extension of removal and passed a bill to make only minor revisions in the law, Senator Matthew Carpenter of Wisconsin
Wisconsin
Wisconsin is a U.S. state located in the north-central United States and is part of the Midwest. It is bordered by Minnesota to the west, Iowa to the southwest, Illinois to the south, Lake Michigan to the east, Michigan to the northeast, and Lake Superior to the north. Wisconsin's capital is...
proposed amendments to grant full federal jurisdiction to the United States circuit courts and guarantee the right of removal in any civil case arising under federal law or in which there was diversity of citizenship, with the $500 threshold applying to both categories of cases. The United States House of Representatives
United States House of Representatives
The United States House of Representatives is one of the two Houses of the United States Congress, the bicameral legislature which also includes the Senate.The composition and powers of the House are established in Article One of the Constitution...
accepted that version of the bill, which President Ulysses S. Grant
Ulysses S. Grant
Ulysses S. Grant was the 18th President of the United States as well as military commander during the Civil War and post-war Reconstruction periods. Under Grant's command, the Union Army defeated the Confederate military and ended the Confederate States of America...
signed into law in March 1875.
By 1875, the members of Congress who supported full federal jurisdiction and a broad right of removal from the state courts were concerned less with the protection of freed slaves and white Unionists
Union (American Civil War)
During the American Civil War, the Union was a name used to refer to the federal government of the United States, which was supported by the twenty free states and five border slave states. It was opposed by 11 southern slave states that had declared a secession to join together to form the...
in the South than with the advancement of business interests that were often obstructed by state courts. The debate in Congress focused on the growing significance of interstate commerce and the economic benefits of a uniform system of justice. Although this broad redefinition of federal jurisdiction prompted surprisingly little comment at the time, the act of 1875 attracted new types of litigation that swelled the caseload of the federal courts and challenged the existing organization of the judiciary.
Source: http://www.fjc.gov/history/home.nsf/page/landmark_11.html
Further reading:
Kutler, Stanley I. Judicial Power and Reconstruction Politics. Ch. 4, "The Expansion of Power: New Jurisdiction," 143-160. Chicago: The University of Chicago Press, 1968.
Wiecek, William M. "The Reconstruction of Federal Judicial Power, 1863-1875." The American Journal of Legal History 13 (1969): 333-359.