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2 THE JUDICIARY ACT OF 1789 By the spring of 1789, the Constitution had been ratified, and the new federal government was ready to commence its operations. In early April, the Senate began its legislative work by designating a Grand Committee consisting of a senator from each state to draft a bill for organizing the federal judiciary. Following eighteenth-century Parliamentary practice, Oliver Ellsworth-whose name appeared first on the Committee 's roster-undoubtedly served as the Committee's chairman. More significantly, members of the Congress generally recognized Ellsworth as the judiciary measure's "leading projector." Some five months after his Committee commenced its work, the Congress formally enacted the Judiciary Act of 1789 and created a comprehensive system of federal trial and appellate courts.l DRAFTING THE JUDICIARY ACT Ellsworth's selection was fortunate and in no way coincidental. No one was better qualified to implement the Constitution's judicial article . Ellsworth had been a successful and skilled litigator and a respected state judge before he was chosen to serve in the Senate. At the time, some believed that he should be considered for the position of the first ChiefJustice of the United States, and seven years later he became the nation's third Chief Justice. In addition to his extensive courtroom experience, he had served with distinction in the Connecticut General Assembly and the Continental Congress. As a Continental legislator, he 1. Paine Wingate to Timothy Pickering (Apr. 29, 1789), excerpted in 4 DHSC 38182 . The best general treatments of the Judiciary Act of 1789 are Charles Warren, New Light on the History of the Federal Judiciary Act of 1789, 37 HARv. L. REv. 49 (1923); and Holt. 27 28 THE SUPREME COURT IN THE EARLY REPUBLIC had drafted the ordinance that created the national appellate court under the Articles of Confederation for the review of state court prize decisions. He had also been a leading participant in the framing and ratification of the Constitution. Finally, Ellsworth was an immensely practical politician who thoroughly understood the art of political deal making.2 Ellsworth arrived in New York a full month before a quorum was formed in the Senate, but he did not waste his time on frivolous pursuits. He epitomized the Protestant work ethic and was a thoroughgoing Calvinist who had personally experienced his election by God for salvation. With characteristic seriousness, he wrote his wife, "I employ my time as I presume a number of others do, in looking into and preparing for the business we are soon to enter upon." His friend and roommate Abraham Baldwin reported that from the time Ellsworth first arrived in New York, he worked on the Judiciary Bill "night and day" until it was ready for the Senate's consideration in mid-June.3 On the Committee, Ellsworth was ably assisted by William Paterson of New Jersey and Caleb Strong of Massachusetts. Like Ellsworth, Paterson and Strong were staunch Calvinists. Ellsworth and Paterson had developed a personal friendship at the Constitutional Convention, and Ellsworth and Strong became close friends during their service in the Senate. All three wanted to create a strong federal judicial system. Although Ellsworth worked closely with his friends Paterson and Strong, he did not snub the members of the Committee who were opposed to the system he created. Senator Paine Wingate of New Hampshire, who served on the Committee but voted against the Committee 's bill, privately described Ellsworth as "a very sensible man." Aside from the triumvirate of Ellsworth, Paterson, and Strong, the most valuable member of the Committee was probably Richard Henry Lee of Virginia. Lee came to the Senate with a brief from his state to place radical restrictions on the new federal judicial system, but he did not have a closed mind on the subject. Although he finally voted against Ellsworth's bill, he was not stridently opposed to the measure. Indeed, he believed that he had "endeavored successfully in the Judiciary bill to remedy so far a law can remedy, the defects of the Constitution." Within the Committee, he probably served as a valuable source of in2 . See generally BROWN. See also N.Y. JOURNAL, Apr. 16, 1789, reprinted in 1 DHSC 611-12 (mentioning Ellsworth as a possible Chief justice). 3. Oliver Ellsworth to Abigail Ellsworth (Mar. 8, 1789) (CtHi); Abraham Baldwin to joel Barlow Uune 14, 1789), quoted in 4 DHSC 23 n.8. See also Casto, Calvinism. [18.224.44.108] Project MUSE (2024-04-23 11:46 GMT...

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