Part 15 (2/2)

The first step in the organization of the government was to elect senators and representatives. The Senate was small, and was expected to be a kind of executive council. In due time John Adams was chosen vice-president, and became chairman. The Senate sat for several years in secret session; but from the journal of William Maclay, senator from Pennsylvania, we learn many interesting details, and know that the casting vote of the chairman was often necessary to settle important questions. The time and manner of electing members of the House was left to the States. In some cases all the members from a State were elected on one general ticket; in others the State was divided into districts. Among the distinguished members were Theodore Sedgwick and Elbridge Gerry of Ma.s.sachusetts, Jonathan Trumbull of Connecticut, and James Madison of Virginia. From the first, the custom obtained that a member of the House should be a resident of the district from which he was chosen.

[Sidenote: Organization of Congress.]

The House organized April 6. In the Speaker appeared an officer until now unknown in the Federal system. At first he was only a moderator; after about a year he was given the power to appoint committees; and from that time dates the growth of those powers which have made him second in influence only to the President of the United States. The procedure was modelled partly on that of the old Congress, and partly upon that of the State legislatures: it is noticeable, however, that the system of permanent committees so familiar during the previous twelve years was not immediately readopted; It began to come in about 1794. The first act on the statute book was pa.s.sed June 1, 1789, and prescribed a form of oath.

Congress voted itself a moderate per diem of six dollars. The only other important question relative to the form of Congress was that of apportionment. On April 5, 1792, a bill allotting the members of the House to the States was the subject of the first executive veto.

[Sidenote: Amendments.]

One important function was performed before Congress adjourned, by submitting to the States twelve amendments to the Const.i.tution. These were made up by comparison of the propositions submitted by the States at the time of ratification, and practically const.i.tuted a brief bill of rights.

In due time all but two unimportant clauses were ratified by the States, and the great objection to the Const.i.tution was thus removed.

The importance of the First Congress was that the general forms adopted for the transaction of its business have continued without serious change to the present day. Its officers have increased, its powers have developed, its political importance has expanded; but its parliamentary procedure is still much the same as in 1789.

74. ORGANIZATION OF THE EXECUTIVE (1789, 1790).

[Sidenote: The first President.]

While the senators and representatives were being selected, Presidential electors were also chosen in all the eleven States except New York. The States exercised their const.i.tutional discretion: in some the electors were chosen by the legislatures, in others by general ticket, and in others by districts. In one thing they agreed: when quorums of both houses were obtained, so that the votes could be counted, April 6, 1789, it was found that every elector had cast a ballot for George Was.h.i.+ngton. On April 30 he took the oath of office in Federal Hall on Wall Street, New York, and Maclay records for the benefit of posterity that ”he was dressed in deep brown, with metal b.u.t.tons with an eagle on them, white stockings, a bag, and sword.” As the presidency was an entirely new office, there was much difficulty and some squabbling over the details of his place. The question of t.i.tle was raised; and it was understood that Was.h.i.+ngton would have liked to be called ”His High Mightiness, the President of the United States and Protector of their Liberties.” No action was taken, and the simple t.i.tle of ”Mr. President” was by common consent adopted.

[Sidenote: Executive departments.]

[Sidenote: Treasury Department.]

The duties of the President were clearly defined by the Const.i.tution. It now became necessary to make some provision for subordinate executive officers. Here for the first time the importance of the legislation of the First Congress is visible. They had it in their power to put flesh and blood upon the dry bones of the Const.i.tution: they might surround the President with a vigorous, active, and well-centred body of subordinates; or they might go back to the practice of the old Congress, and create executive officers who should be practically the servants of Congress.

They resolved to trust the President. The first executive department to be established was the Department of Foreign Affairs, of which the name was a little latter changed to the Department of State. In due time Thomas Jefferson was appointed Secretary of State; among his successors have been John Marshall, James Madison, James Monroe, John Quincy Adams, Henry Clay, Martin Van Buren, Daniel Webster, John C. Calhoun, James Buchanan, and William H, Seward. The War Department bill pa.s.sed August 7, and Henry Knox, who had been the head of the army under the old system, was reappointed. In establis.h.i.+ng the Treasury Department a strong effort was made to create a Secretary of the Treasury as an agent of Congress rather than as the officer of the President. The details of the office were therefore carefully regulated by the statute, and specific duties were a.s.signed to the Secretary. He was, however, appointed by the President, and the question was raised whether he was also removable by the President. The Senate insisted that the removal should not be valid without its approval; the House insisted that the President should be unrestrained by the casting vote of the Vice-President the latter system was adopted. The first Secretary of the Treasury was Alexander Hamilton.

[Sidenote: Relations with Congress.]

Then came the question of the relations of cabinet officers to Congress.

Maclay records that on August 22, 1790, the President appeared in the Senate with Knox, and intimated that the Secretary of War would explain a proposed Indian treaty. The only remark that Knox seems to have made was: ”Not till Sat.u.r.day next;” but Maclay was convinced that he was there ”to overawe the timid and neutral part of the Senate.” With some displeasure, the Senate referred the matter to a committee. Hamilton desired an opportunity to address the House; but it was not accorded, nor does it appear that the privilege has ever been granted to any cabinet officer.

Knox's speech is the nearest approach to the Parliamentary system which has been known in Congress.

75. ORGANIZATION OF THE COURTS (1789-1793).

[Sidenote: The Judiciary Act.]

By the Const.i.tution there was to be a supreme court and such inferior courts as Congress should create. By the Act of Sept. 24, 1789 the federal judicial system was organized substantially as it now stands. Following the precedent of some of the States, two grades of inferior courts were created,--the district and the circuit. The judicial business of the country was small, and for the time being the supreme justices were to hold the circuit courts. Prosecuting officers and marshals were appointed, and here is to be found the germ of the present system of limited terms for public officials: they were to have commissions which should run four years; it seems to have been tacitly understood that they would be reappointed. A few brief clauses defined the manner in which suits could be appealed from the State courts to the national. This statute has made it possible to apply federal law in the same way throughout the Union: errors of construction, and divergencies of judgment involving the national Const.i.tution, laws, and treaties, are corrected through this power of appeal to one central supreme tribunal. A little later an Act was pa.s.sed defining crimes against the United States. The courts were speedily organized, and John Jay of New York was made the first chief justice.

[Sidenote: Important decisions.]

For a few years no important decisions were made by the court; but in February, 1793, a suit was entertained against the State of Georgia; soon after, one was entered against the State of Ma.s.sachusetts. Georgia replied by pa.s.sing a statute punis.h.i.+ng with death any United States marshal who might attempt to serve a process upon her. Ma.s.sachusetts urged the pa.s.sing of an eleventh const.i.tutional amendment; it was duly adopted in 1798, and prohibited suits before a federal court against a State, by a citizen of another State or of a foreign country.

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