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The Judiciary Act of 1789 created thirteen District Courts, which heard small civil suits and minor crimes, within three Federal Circuits. The three Circuit Courts had original jurisdiction over serious federal criminal cases, and appellate jurisdiction over cases heard in the District Courts. The six US Supreme Court justices were responsible for "riding circuit" twice a year, traveling in pairs, and hearing cases as appellate judges. Congress believed this would help the Supreme Court justices stay in touch with local concerns.

A typical Circuit ride was 1,800 miles round-trip, which presented such a severe hardship to some members of the Court that they resigned after the less than two years' service. John Rutledge, one of the original five justices, simply ignored his duties and neither rode circuit nor attended the Supreme Court sessions that convened in Philadelphia in February and August.

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