Formation of the Union, 1750-1829Hart, Albert Bushnell
History
Formation of the Union, 1750-1829
Hart, Albert Bushnell
United States -- History; United States -- Politics and government
unrestrained by the casting vote of the Vice-President the latter system
was adopted. The first Secretary of the Treasury was Alexander Hamilton.
[Sidenote: Relations with Congress.]
Then came the question of the relations of cabinet officers to Congress.
Maclay records that on August 22, 1790, the President appeared in the
Senate with Knox, and intimated that the Secretary of War would explain a
proposed Indian treaty. The only remark that Knox seems to have made was:
"Not till Saturday next;" but Maclay was convinced that he was there "to
overawe the timid and neutral part of the Senate." With some displeasure,
the Senate referred the matter to a committee. Hamilton desired an
opportunity to address the House; but it was not accorded, nor does it
appear that the privilege has ever been granted to any cabinet officer.
Knox's speech is the nearest approach to the Parliamentary system which
has been known in Congress.
75. ORGANIZATION OF THE COURTS (1789-1793).
[Sidenote: The Judiciary Act.]
By the Constitution there was to be a supreme court and such inferior
courts as Congress should create. By the Act of Sept. 24, 1789 the federal
judicial system was organized substantially as it now stands. Following
the precedent of some of the States, two grades of inferior courts were
created,--the district and the circuit. The judicial business of the
country was small, and for the time being the supreme justices were to
hold the circuit courts. Prosecuting officers and marshals were appointed,
and here is to be found the germ of the present system of limited terms
for public officials: they were to have commissions which should run four
years; it seems to have been tacitly understood that they would be
reappointed. A few brief clauses defined the manner in which suits could
be appealed from the State courts to the national. This statute has made
it possible to apply federal law in the same way throughout the Union:
errors of construction, and divergencies of judgment involving the
national Constitution, laws, and treaties, are corrected through this
power of appeal to one central supreme tribunal. A little later an Act was
passed defining crimes against the United States. The courts were speedily
organized, and John Jay of New York was made the first chief justice.
[Sidenote: Important decisions.]
For a few years no important decisions were made by the court; but in
February, 1793, a suit was entertained against the State of Georgia; soon
after, one was entered against the State of Massachusetts. Georgia replied
by passing a statute punishing with death any United States marshal who
might attempt to serve a process upon her. Massachusetts urged the passing
of an eleventh constitutional amendment; it was duly adopted in 1798, and
prohibited suits before a federal court against a State, by a citizen of
another State or of a foreign country.
76. REVENUE AND PROTECTION (1789-1792).
[Sidenote: Revenue scheme.]
Public-domain text, read in full here on John Shaqi.
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