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Volume 4 assembles a selection of documents illustrating the statuory development of the federal judiciary from 1789-1800. Beginning with a narrative essay on the background of Article III of the Constitution, the volume tracks, from the First through the Sixth Congresses, all the major and minor legislation relevant to the establishment of the American judicial system. As the decade unfolded, experience revealed problems with the system as it was initially structured, and efforts were made to change it. Dissatisfaction with circuit riding, with the method of juror selection, and with judges undertaking duties not strictly judicial, for example, led to various legislative attempts at reform.
Master of vast rice and cotton plantations in South Carolina and Georgia, delegate to the Constitutional Convention, Major Pierce Butler bequeathed his family and nation a legacy of slavery--an inheritance of immense wealth sown with the seeds of Civil War. In Major Butler's Legacy, Malcolm Bell charts the unfolding of the Butler patrimony, an epic story that reaches from the eve of the Revolution to the first decades of this century and includes in its course such figures as George Washington, Aaron Burr, Fanny Kemble, William Tecumseh Sherman, Henry James, Theodore Roosevelt, and Owen Wister.
Many leading historians have argued that the Constitution of the United States was a proslavery document. But in The Slaveholding Republic, one of America's most eminent historians refutes this claim in a landmark history that stretches from the Continental Congress to the Presidency of Abraham Lincoln. Fehrenbacher shows that the Constitution itself was more or less neutral on the issue of slavery and that, in the antebellum period, the idea that the Constitution protected slavery was hotly debated (many Northerners would concede only that slavery was protected by state law, not by federal law). Nevertheless, he also reveals that U.S. policy abroad and in the territories was consistently proslavery. Fehrenbacher makes clear why Lincoln's election was such a shock to the South and shows how Lincoln's approach to emancipation, which seems exceedingly cautious by modern standards, quickly evolved into a "Republican revolution" that ended the anomaly of the United States as a "slaveholding republic."
The Judiciary Act of 1789 established a federal court system, an experiment that became one of the outstanding features of American democracy. Yet little has been written about the origins of the Act. This volume of essays analyzes the Act from political and legal perspectives while enhancing our understanding of the history of the judiciary and its role in the constitutional interpretation.
"The little known story of perhaps the most productive Congress in US history, the First Federal Congress of 1789-1791. The First Congress was the most important in US history, says prizewinning author and historian Fergus Bordewich, because it established how our government would actually function. Had it failed--as many at the time feared it would--it's possible that the United States as we know it would not exist today. The Constitution was a broad set of principles. It was left to the members of the First Congress and President George Washington to create the machinery that would make the government work. Fortunately, James Madison, John Adams, Alexander Hamilton, and others less well known today, rose to the occasion. During two years of often fierce political struggle, they passed the first ten amendments to the Constitution; they resolved bitter regional rivalries to choose the site of the new national capital; they set in place the procedure for admitting new states to the union; and much more. But the First Congress also confronted some issues that remain to this day: the conflict between states' rights and the powers of national government; the proper balance between legislative and executive power; the respective roles of the federal and state judiciaries; and funding the central government. Other issues, such as slavery, would fester for decades before being resolved. The First Congress tells the dramatic story of the two remarkable years when Washington, Madison, and their dedicated colleagues struggled to successfully create our government, an achievement that has lasted to the present day."--Publisher website.
First Published in 1991. Routledge is an imprint of Taylor & Francis, an informa company.
Offering a reassessment of the tumultuous culture of politics on the national stage during America's early years, when Jefferson, Burr, and Hamilton were among the national leaders, Freeman shows how the rituals and rhetoric of honor provides ground rules for political combat. Illustrations.
Includes inclusive "Errata for the Linage book."