 However, the Judicial Circuits Act of 1866 eliminated the seat then vacant after the death of John Catron, and provided that two more would be eliminated as they became vacant.One more was eliminated at the death of James Moore Wayne in 1867, leaving the court with eight justices.The Judiciary Act of 1869 prevented the eighth seat from being eliminated and created one additional seat by setting the total number of seats at nine, where it has stood ever since.