The American JudiciaryBaldwin, Simeon E. (Simeon Eben)
History
The American Judiciary
Baldwin, Simeon E. (Simeon Eben)
Courts -- United States; Law -- United States -- History
The case of Jonathan Robbins[Footnote: See Chap. III.] in South
Carolina in 1799, showed that the Circuit Court at the request of
the President could surrender an American citizen to a foreign
government to be carried off and tried for murder. This and the
sentence of Lyon became immediately the subject of hot discussion
in Congress, and both contributed to the political revolution
which put Jefferson in the seat of Adams in 1801.
The creation by the outgoing party of places for eighteen new
Circuit Judges appointed by Adams in the last month of his
administration strengthened the popular feeling that the courts
of the United States were too powerful. That Act was at once
repealed,[Footnote: See Chaps. IX, XXII.] and also the provision
for the next regular term of the Supreme Court. The latter
measure was taken to prevent any legal proceedings in the Supreme
Court to secure its intervention in behalf of the displaced
judges.
The new circuit system had been swept away, but the full bench at
Washington, headed by Marshall, remained. The unsuccessful
impeachment of one of them followed in 1804.[Footnote: See
Chap. III.]
His acquittal the next year, and that of a majority of the
Supreme Court of Pennsylvania,[Footnote: McMaster, "History of
the United States," III, 159.] who were impeached there at the
same time for punishing a libel on certain proceedings before
that court by a sentence of imprisonment, satisfied all that it
was practically impossible to secure the removal of a judge
except for the gravest cause. Judicial independence had been
secured by the very struggle to defeat it. What has won in any
contest finds favor with the multitude. They admire a victor.
From this time on the courts both of the United States and the
States grew in public esteem. When those of the former seemed to
trench on the fields of State sovereignty, particularly in the
South, the inroad was resented.[Footnote: See letters of Marshall
alluding to this, in "Proceedings of the Massachusetts Historical
Society," 2d Series, XIV, 325, 327, 329, 330.] In one Southern
State it was even opposed by force.[Footnote: See Chap. X.] As
late as 1854 the supremacy of the Supreme Court of the United
States in expounding the federal Constitution was contested by
the courts of a Northern State; there also in a case growing out
of the system of slavery.[Footnote: Ableman _v._ Booth, 21
Howard's Reports, 506.]
Another decision by the same tribunal of a similar nature--that
in the Dred Scott case[Footnote: Dred Scott _v._ Sandford,
19 Howard's Reports, 393.]--greatly strengthened the confidence
of the Southern people in the federal courts, and weakened that
of the North.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account