courts as the legislative department of the territory should from time to time establish, and in justices of the peace. The superior court had jurisdiction of all criminal and penal cases; exclusive cognizance of all capital cases; original jurisdiction concurrently with the inferior courts; and exclusive appellate jurisdiction in all civil cases, in which the amount in controversy should be one hundred dollars or upwards. Two judges to constitute an appellate, and one judge a court of original jurisdiction.
By act of congress of April 17, 1828, the president was authorized, by and with the advice and consent of the senate, to appoint an additional judge of the superior court, to hold office for four years, and which was accordingly done. The legislature was authorized, and did divide the territory into four judicial districts, and assigned them to the four judges. In addition to circuit duty, the judges were required to hold two terms of the superior court annually, at the seat of government of the territory. And the legislature of the territory was authorized in all cases, except when the United States was a party, to fix the respective jurisdictions of the district and superior court, and it was declared that the United States cases shall be tried in the superior court in the manner said cases are now (1828) tried. A party aggrieved, except in criminal cases, was at liberty, by appeal, writ of error, or certiorari, to remove the suit into the superior court for further trial, and where it was to be tried and heard by not less than two of the judges other than the judge who made the decision in the district court. Writs of error and appeals from the final decisions of the superior court lay to the supreme court of the United States, in the same manner as from the circuit courts of the United States, when the amount in controversy exceeded one thousand dollars. 4 Stat. 261, 262.
The seat of government of the territory was fixed at Little Rock in 1821, where it has ever since remained. The first superior court was held there in that year by Benjamin Johnson and Andrew Scott, judges.
Arkansas was admitted into the Union by act of congress, June 15, 1836. A district court was created therein, and the State declared a judicial district of the United States to be called the Arkansas District. 5 Stat. 50, 51. The court was invested with the same powers and jurisdiction that were conferred on the district court of Kentucky by the Judiciary Act of 1789. Benjamin Johnson was appointed district judge.
