The United States of America, Part 1: 1783-1830Sparks, Edwin Erle
History
The United States of America, Part 1: 1783-1830
Sparks, Edwin Erle
United States -- History
The United States could now command some respect from the individual.
The Union would also assume a new dignity from being a judge instead
of an arbiter between the States. No more would such long-continued
warfare as the territorial dispute between Connecticut and Pennsylvania
bring the Republic into ill-repute. This new judicial power extended
to "controversies between citizens of different States." Never again
would the cumbersome machinery of Federal commissioners to hear disputed
claims to territory be called into service--a kind of Platonic
lot-casting phantasy--because the new national judiciary system covered
"controversies between two or more States." What powerful possibilities
were given to the new Central Government in the provision that the
Supreme Court should have "appellate jurisdiction from the courts of
the several States in the cases hereinafter specially provided for."
It would be found as futile to restrict the cases in which the national
court should have an appeal from the State courts as to attempt to
reserve all the powers to the States not expressly granted to the
Union. In the haste necessarily attendant upon suddenly putting the
provisions of the new government into effect, no one had the leisure
if any possessed the foresight to consider the limits to which the
Federal courts might extend its authority in the light of
interpretation. Even Jefferson later confessed that this member of the
Federal Government was at first considered as the most harmless and
helpless of all its organs.
[Illustration: THE PRESIDENTIAL MANSION, FRANKLIN SQUARE, NEW YORK
CITY 1789.]
The beginnings of the national judiciary were so modest that no one
could have taken alarm. The day that he signed the judiciary bill,
Washington nominated John Jay, of New York, to be chief justice of the
court, Edmund Randolph, of Virginia, to be attorney-general, and John
Rutledge, of South Carolina, James Wilson, of Pennsylvania, William
Gushing, of Massachusetts, Robert H. Harrison, of Maryland, and John
Blair, of Virginia, to be associate justices.
State distribution of patronage was not such a criterion as in later
appointments; yet the department of Justice represented all parts of
the country. Considered from a sectional point, there seemed at the
time little likelihood that the court would prove hostile to Southern
individualism, since it contained, counting the attorney-general, four
Southern men and three Northern men. District judges, attorneys, and
marshals for the eleven judicial districts were appointed at the same
time. A joint resolution of Congress asked the States to give their
jailers power to receive and hold United States prisoners.
Public-domain text, read in full here on John Shaqi.
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