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UNITED STATES COURT IN ALABAMA

(transcribed from History of Alabama and dictionary of Alabama biography, Volume 2  By Thomas McAdory Owen, Marie Bankhead Owen Vol II)

Alabama came into the Union by resolution of December 14, 1819. As a territory it had no Federal courts, as organized and provided in the States. Congress, therefore, on April 21, 1820, established a district court, and extended over the new Alabama judicial district all laws of the United States, not locally inapplicable. The judge was to have and exercise the same jurisdiction and powers as were conferred on the judge of the Kentucky district. Provision was made for the appointment, not only of a judge, but also of an attorney, clerk And marshal. Four terms of the court yearly were to be held alternately in the towns of Mobile and Cahaba, beginning with the former.

On May 20, 1820, Charles Tait was commissioned first Federal District Judge, and William Crawford first District Attorney. David Files, on May 13, 1820, had been commissioned as marshal.

Democracy and Judicial Independence: A History of the Federal Courts of Alabama, 1820-1994

Biographies of Notable and Not-so-Notable Alabama Pioneers Volume II

Congress, on March 10, 1824, altered the existing arrangement and divided Alabama into the Northern and Southern Districts. The incumbent attorney and clerk were each restricted to the Southern District, but the courts in each district were to be held by the same judge. Terms for the Southern District were to be held in Mobile and Cahaba, and for the Northern in Huntsville. New officers were required for the Northern District, and Frank Jones, formerly a member of the Tennessee Legislature, was named as District Attorney, May 17, 1824.

Mr. Crawford's term being about to expire, on January 20, 1824, he was reappointed District Attorney. He resigned in 1825, and on November 1, of the same year, Henry Hitchcock was commissioned as his successor.

In 1826 the State capitol was removed from Cahaba to Tuscaloosa, and May 22, an act of Congress was passed providing for clearing up the docket at the former place, and Mobile became the only place for holding courts in the Southern District. On May 5, 1830, a marshal for the Northern District was provided, one marshal previously serving both districts. Various acts of Congress were passed from time to time arranging and altering the dates for the holdings of courts.

Judge Tait resigned in 1826. The President appointed Senator Israel Pickens to the vacancy, and he was commissioned March 9, 1826, but declined to serve. William Crawford, who had resigned as District Attorney the previous year, was then named, and on May 22, 1826, he was commissioned. He continued in office until his death in 1849.

Although Tuscaloosa was made the State Capital in 1826, it was not until February 6, 1839, that provision was made by Congress for Federal Courts there. On this date there was a reorganization of the District courts, the Northern, Middle and Southern Districts being created, courts to be held respectively in Huntsville, Tuscaloosa and Mobile.

In 1846 the State Capital was removed to Montgomery from Tuscaloosa. Two years later, August 7, 1848, the former place was fixed by law as the place for holding courts in the Middle District.

To succeed Judge Crawford, on March 13, 1849, John Gayle was appointed. He served until his death ten years later. The next appointee was William Giles Jones, temporarily commissioned September 29, 1859, and permanently commissioned January 30, 1860.

The formation of the Confederate States, 1861, led to the resignation of Judge Jones, and to his reappointment as Confederate District Judge by President Jefferson Davis. During the war courts were held by him in Huntsville, Montgomery and Mobile. In the last named place the old docket recites that the first term was held April 18, 1861. The date of the last entry of this court was April 6, 1865.

Acting as if there had been no secession, President Lincoln appointed George W. Lane of Madison County, District Judge, March 28, 1861. Mr. Lane was a lawyer, had long served on the State Circuit Court bench, and was a strong Unionist. He never performed any service under his Federal appointment. He died in 1863. President Lincoln, still disregarding the situation of the State, appointed Richard Busteed to succeed Judge Lane, November 17, 1863, and on January 20, 1864, he received his permanent commission. Judge Busteed exercised none of the duties of the office until 1865, when, after the close of hostilities, he came to the State and assumed the position. It is said that he was regularly paid, however, from 1863. He was poorly equipped for the high office, and was guilty of many irregularities. In 1874 his impeachment was threatened, and he was removed shortly afterward.

February 27, 1875, John Bruce was commissioned, and served until his death in 1901. To the vacancy thereby caused, Thomas Goodee Jones was appointed October 7, 1901; and on December 17, 1901, his appointment was confirmed by the Senate. At his death, Henry D. Clayton, member of Congress, was appointed by President Wilson, and was commissioned May 2, 1914.

By act of Congress, August 2, 1886, the Southern District was given a separate judge, and Harry Toulmin was named as the first incumbent of the new place. He was commissioned January 13, 1887, and took oath of office on the 31st of the same month. On the death of Judge Toulmin in 1917, Robert T. Irvin was appointed January 23, of that year, as his successor.

The Southern Division of the Northern District was created May 2, 1884, and provisions made for courts in Birmingham.

The Eastern Division of the Northern District was established February 16, 1903, and Anniston was named as the place for holding court therein.

By act of Congress March 3, 1905, was created the Northern District, courts to be held at Selma, and the Western Division of the Northern District, courts to be held at Tuscaloosa.

Oscar R. Hundley received the first recess appointment for this District, and was again appointed May 30, 1908, but was neither time confirmed by the Senate. He performed the duties of the office, through the administration of President Roosevelt. President Taft appointed William I. Grubb, who was commissioned May 18, 1909, and is still in office.(1920)

The Judge of the Middle District has concurrent jurisdiction in the Northern District.

In the re-arrangement made by the act of March 3, 1837, Alabama was placed in the Ninth Circuit, with terms of the Circuit Court to be held in Mobile and Huntsville. On February 22, 1838, this court was discontinued at the latter place.

For many years the District Courts for the Northern and Middle Districts had "the power and jurisdiction of a Circuit Court," but this was withdrawn by act of March 3, 1873, and the United States Circuit Court at Mobile was given jurisdiction over all business originally belonging to that court in the three districts of the State.

Within a year, however, on June 22, 1874, separate circuit courts were provided for the Northern and Middle Districts; and the act of May 2, 1884, providing a district court for the Southern Division of the Northern District at Birmingham provided that terms of the Circuit Court should be held there also.

References

History of Alabama and dictionary of Alabama biography, Volume 2  By Thomas McAdory Owen, Marie Bankhead Owen Vol II