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
A year later another treaty with Spain gave to the United States a region
which Jefferson had longed for in vain. Ever since 1803 the United States
had asserted that West Florida had come to it as a part of Louisiana (§
99). Spain steadfastly refused to admit this construction or to sell the
province. In 1810 Madison by proclamation took possession of the disputed
region, and a part of it was soon after added to Louisiana. East Florida
could not possibly be included within Louisiana, but as a detached
peninsula it was of little value to Spain. John Quincy Adams now undertook
a negotiation for the settlement of all outstanding difficulties with
Spain, and on Feb. 22, 1819, a treaty was signed: East Florida was ceded
for a payment of about $6,500,000, and at the same time the western
boundary of Louisiana was settled. An irregular line was described from
the Gulf to the forty-second parallel; it was not far distant from the
watershed south and west of the tributaries of the Mississippi. Then came
the triumph of the whole negotiation: Adams obtained from Spain a
renunciation of all claims north of the forty-second parallel, as far west
as the Pacific. Our hold upon Oregon was thus much strengthened.
125. JUDICIAL DECISIONS (1812-1824).
[Sidenote: New judges.]
[Sidenote: Authority asserted.]
Two departments of the federal government had now shown their belief that
the United States was a nation which ought to exercise national powers How
did it stand with the judiciary department? Of the judges of the Supreme
Court appointed by Washington and Adams but two remained in office in
1817; but the new justices, as they were appointed, quietly accepted the
constitutional principles laid down by Marshall, their Chief Justice and
leader. Among them was Joseph Story of Massachusetts, whose mastery of
legal reasoning and power of statement gave him unusual influence. After
the Marbury case in 1803 (§ 96) the Court refrained for some years from
delivering decisions which involved important political questions. In
1809, however, it sustained Judge Peters of the Pennsylvania District
Court in a struggle for authority against the governor and legislature of
that State (§ 110). The courts were victorious, and the commander of the
militia, who had opposed them with armed force, was punished.
[Sidenote: Appeals taken.]
[Implied powers affirmed.]
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