Randolph, Edmund | A cornerstone work in the establishment of the judiciary branch of the government

Randolph, Edmund

Report of the Attorney-General. Read in the House of Representatives, December 31, 1790. [Philadelphia: Francis Childs & John Swaine, 1791]

Folio (330 x 203 mm). Closed tear along inside margin of drop title, inside margin of penultimate leaf expertly mended, several minor marginal repairs to terminal leaf, a little marginal foxing. Quarter calf antique over marbled boards, spine lettered gilt.

The first publication of the Justice Department and a cornerstone work in the establishment of the judiciary branch of the government. In the summer of 1790 the House of Representatives requested that Attorney-General Randolph report on the judiciary, which had been established by the judiciary Act of 1789. The report allowed him "the opportunity to undertake a systematic analysis of the Judiciary Act of 1789 which, he felt, had many faults" according to his biographer, John Reardon (Edmund Randolph, pp. 194–196).

In it, Randolph spells out for the first time the jurisdiction of federal over state courts and proposes a bill setting up district courts, circuit courts, and the Supreme Court. The powers and rules of these courts, including sessions, oaths, etc., are described. Randolph emphasizes that no single document from the Constitution to the present one but only "time & practice can alone mature the judicial system."

REFERENCE

ESTC W5488; Evans 23909; Sabin 67816

PROVENANCE

New York Historical Society (faint library stamp on title)