The American JudiciaryBaldwin, Simeon E. (Simeon Eben)
History
The American Judiciary
Baldwin, Simeon E. (Simeon Eben)
Courts -- United States; Law -- United States -- History
All these considerations put Americans in a friendly attitude
toward the judiciary. It makes less show of authority than the
policeman or the militiaman. But the people feel that it has
authority and is ready to exercise it always to secure that right
be done. When a plain man who thinks that he has been wronged by
another declares that he "will have the law on him," it expresses
his conviction that he can get justice from the courts.
The creation of the judiciary of the United States was welcomed
at the outset by all.[Footnote: See "Life of Peter Van Schaick,"
435.] It was not until party feeling had become intense that
Republicans found it difficult to look with approval on a force
evidently becoming stronger every day, and that Jefferson could
describe the Supreme Court as the sappers and miners who were
gradually undermining the foundations of American
liberty.[Footnote: Letter to Thomas Ritchie of Dec. 25, 1870.
"Works of Thomas Jefferson," VII, 192.]
Of the political questions which engaged attention over the whole
country from time to time from the adoption of the Constitution
to the close of the Civil War, almost all bore some relation to
the institution of slavery and derived their real vitality from
that connection. Slavery depended on State laws. Unless the
authority of each State to allow and regulate it were preserved,
its countenance would be endangered. This was largely the source
of the "State Rights" cry.
Almost all the powers which the United States possessed the
States had lost. For thirteen years each had been in the
position of a full sovereign. Its courts had exercised
jurisdiction over all kinds of actions. Now a new set of courts
had risen up having over many actions an equal jurisdiction, over
some a superior one.[Footnote: See Chap. X.]
The case of Chisholm _v._ Georgia,[Footnote: 2 Dallas'
Reports, 419.] in 1793, and the institution of similar suits
against other States of the South showed that the Supreme Court
of the United States claimed authority to render a money judgment
against a State, which meant that it could then issue an
execution to collect it by levying on the property of the State.
In 1798, the Alien and Sedition Laws were passed, and a crime
previously cognizable exclusively in the State courts was made a
subject of prosecution in those of the United States if it
affected an officer of the United States. A member of Congress,
Matthew Lyon, of Vermont, who was sentenced in the Fall of that
year to a fine of $1,000 and four months in jail for writing of
the President and Senate, that his message to Congress in 1797
was a bullying speech, which the Senate in a stupid answer had
echoed with more servility than ever Geo. III. experienced from
either house of parliament, served his time and paid the fine,
but for the amount of the latter he was reimbursed by Congress in
1840.
Public-domain text, read in full here on John Shaqi.
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