who was so lost to a sense of
right, and so indifferent to public odium, as to remove a good man from
office, was treated by the opposite party as absurd; and after a
discussion which lasted several days, it was decided to give the
removing power to the president, the action of the senate being
necessary only in the matter of appointment.
Another important matter acted upon during the first session of Congress
was that of amending the constitution. It was brought to the attention
of the national legislature in the president's inaugural speech; for he
conceived that the amendments which had been proposed by the minorities
in the several state conventions called to consider the constitution,
deserved the careful consideration of those in authority, not only
because of the nature of the propositions, but because such a
consideration might be productive of good will toward the government,
even in the minds of its opponents.
Mr. Madison brought the subject before Congress, pursuant to pledges
which he found himself compelled to give in the Virginia convention in
order to secure the ratification of the constitution. These amendments
amounted in the aggregate to no less than one hundred and forty-seven,
besides separate bills of rights proposed by Virginia and New York. Some
of them, made in different states, were identical in spirit, and
sometimes in form; and yet, it is worthy of remark that not one of these
proposed amendments, judged by subsequent experience, was of a vital
character. How well this fact illustrates the profound wisdom embodied
in our constitution!
Sixteen amendments were finally agreed to by Congress and submitted to
the several state legislatures. Ten of these were subsequently ratified,
and now form a part of the federal constitution. This early action of
Congress in deference to the opinions of minorities in the several
states had a most happy effect. It reconciled many able men to the new
government, and gave it strength at an hour when it was most needed.
The senate, meanwhile, had adopted measures for the establishment of a
federal judiciary. A plan embodied in a bill drafted by Ellsworth, of
Connecticut, was, after several amendments, concurred in by both houses.
By its provisions, the judiciary as established consisted of a supreme
court, having one chief justice and five associate justices, who were to
hold two sessions annually at the seat of the federal government.
Circuit and district
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