UNITED
165
UNITED
By the Constitution the judicial power of the
United States is vested in a supreme court, and such
inferior courts as the Congress may, from time to
time, ordain and establish. In order to secure the
independence of the judiciary the judges of both the
supreme and inferior courts hold their offices during
good behaviour, and, for their services, receive a com-
pensation which shall not be diminished during their
continuance in office. The judicial power is commen-
surate with the legislative, and extends to all cases,
in law and equity, arising under the Constitution, the
laws of the United States, and the treaties made, or
which .shaU be made, under their authority. It also
extends to cases affecting foreign representatives (am-
bassadors, ministers, and consuls), to cases of admi-
ralty and maritime jurisdiction, to controversies to
which the United States shall be a party, to contro-
versies between two or more states, etc. In aU cases
affecting ambassadors, other public ministers and
consuls, and those in which a state shall be a party,
the Supreme Court shall have original jurisdiction.
In all other cases it possesses appellate jurisdiction,
both as to law and fact, with such exceptions and
under such regulations as Congress shall make.
In addition to the division of political power among the three departments mentioned, the Constitution also provides for inter-state comity. For example, it is provided that full faitli and credit shall be given in each state to the public acts, records, and judicial proceedings of every other state. It also provides that the citizens of each state shall be entitled to all privileges and immunities of citizens in the several states; for the return of fugitives from justice and for the admission of new states. By the Constitution the United States is required to guarantee to every state in this Union a republican form of government, and to protect each of tliem against Invasion, and, in certain circumstances, against domestic violence. Amendments to the Constitution may be proposed by two-thirds of both houses of Congress or by the legis- latures of two-thirds of the states. Amendments proposed in either manner become valid as parts of the Constitution, when ratified by the legislatures of three-fourths of the several states, or by conventions in three-fourths of them. Congress is empowered to propose the method of ratification. The schedule provided that the ratification by conventions of nine states should be sufficient for the establishment of this Constitution between the states ratifying the same.
Owing to the opposition to its adoption, especially in Virginia and New York, it was agreed by the friends of the Constitution that a bill of rights should be added to it. Accordingly, many amendments were proposed; these w'ero crouped under ten heads, famihar as the first ten amendments, and known to students of the Constitution as the Bill of Rights. The eleventh amendment, declared a part of the Constitution in 170S. interprets a part of Article III, and prevents the cit izens of a .state from suing another state, or a foreign citizen or subject from bringing suit against one of the states. The twelfth amend- ment, which became a part of the Constitution in 1804, makes a change in the method of choosing .a president. It made the ballot of the elector more definite, and in case the election went into the House of Representatives, it restricted the choice of that body to the three candidates highest on the fist. The remaining amendments, the thirteenth, fourteenth, and fifteenth, grew out of the Civil War. Contrary to a popular notion, the framers of the Federal Con- stitution had had considerable experience in the mak- ing of constitutions before they set about the estab- lishment of their crowning work. Shortly after independence was declared, the states were advised to prepare constitutions of government. All complied promptly, except Rhode Island and Connecticut, both
of which retained their liberal colonial charters. The
establishment of any state rehgion is prohibited by
the Constitution. The regulation of charities, edu-
cation, marriages, land tenures, religious corpora-
tions, etc., about which it says nothing, is reserved,
by inference, to the various states.
The period from 1783, when the definitive treaty of peace was signed, untU 1789, is known as the critical era of American history. The federal government was in distress; many of the states were on the verge of civil war. Relations, external and internal, were highly unsatisfactory. Indeed, the situation was worse than at any time during the progress of military operations. When George III, for himself and his successors, acknowledged the independence of the United States, the several commonwealths, claiming to be sovereign, adopted policies more or less selfish. This disposition begot a number of domestic quarrels. In addition to dissension at home, foreign relations were not too harmonious. The young republic had nearly forfeited the confidence of its own citizens, and was beginning to incur the contempt of the world outside. It was these alarming symptoms that forced upon a few leaders the idea of amending the fundamental law. When, however, the Constitution was submitted to the people, a majority of them appeared to oppose its adoption. This opposition wa.s overcome by the influence and activity of the leading patriots. In this great work the services of Washington cannot be overestimated. His brilliant lieutenants, Hamilton and Madison, ably supported his efforts in conventions and in the Press. The names of the friends of the Constitution would make a considerable fist, and no list would be complete. Of course, all those who signed the instrument worked for its adoption. The Constitution also had friends who were not members of the Convention. Among the ablest and the most useful of these was Pelatiah Webster, an able student of iniblic finance and of con- stitutional systems. In 1788 the proposed Consti- tution was ratified by the requisite n\imber of states (nine), and on 4 March, 1789, the first Congress assem- bled under it. Much of its time and energy was devoted to considering means for improving the public credit and to organizing the various departments of government. In this work Congress was greatly assisted by Alexander Hamilton, Secretary of the Treasury. On 30 April, 1789, General Washington had been inaugurated president. John .•\dams had been chosen vice-president. Internal relations and external relations were speedily improved by the wisdom of Washington. The measures of his ad- ministration soon established domestic tranquillity and general prosperity.
Sl(irtiti(j the Gorernmcnt. — In his exercise of the appointing power Washington observed the greatest care. His nominations to office were remarkable for their accuracy. He set an example, however, which none of his successors has seen fit to imitate. He appointed to the most important position in his cabi- net Thomas Jefferson, the head of an opposition which a little later as.-iumed more definite form. Ultimately Hamilton and Jefferson quarrelled, and both resigned from the administration. Hamilton, however, had done his work. His report on manufactures, a remarkable document, and one still consulted by statesmen, among other things justifies the tariff policy then adopted. Measures involving a still broader construction of the Const itut ion were enacted. One was the organization of the First United States Bank. To its establishment there was social, sec- tional, and constitutional opposition. There was also considerable hostility toward the measure for a.ssuming the Revolutionary debts of the states. The enactment of these laws was chiefly responsible for the rise of a new political party, the Rei)ublican party of Jefferson. The revenue system estabhshed by
