The idea that a man could ever be elected by the people of the United States to the office of chief magistrate, 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 courts were also established, which had jurisdiction over certain specified cases. Appeals from these lower courts to the supreme court of the United States were allowed, as to points of law, in all civil cases where the matter in dispute amounted to two thousand dollars. A marshal was to be appointed for each district, having the general power of a sheriff, who was to attend all courts, and was authorized to serve all processes. A district attorney, to act for the United States in all cases in which the federal government might be interested, was also to be appointed for each district. Such, in brief outline and in general terms, was the federal judiciary organized at the commencement of the government, and which is still in force, with slight modifications.
The government being completely organized by acts of Congress, and a system of revenue for the support of the government being established, Washington proceeded to the important duty of filling the several offices which had been created. This was a most delicate and momentous task, for upon a right choice, especially in the heads of the executive departments, depended much of the success of his administration. He had contemplated the subject with much deliberation, and when the time came for him to act he was fully prepared.
At that time the post of secretary of the treasury was the most important of all. Everything pertaining to the finances of the country was in confusion, and needed a skillful hand in re-arranging and systematizing the inharmonious and incoherent fiscal machinery, so as to ascertain the actual resources of the treasury, and to adopt measures for restoring the credit of the country upon a basis of perfect solvency. “My endeavors,” Washington wrote before he assumed the office of chief magistrate, “shall be unremittingly exerted, even at the hazard of former fame or present popularity, to extricate my country from the embarrassments in which it is entangled through want of credit.”
To Robert Morris, the able financier of the Revolution, Washington turned with a feeling that he was the best man for the head of the treasury department. Immediately after his inauguration, he inquired of Morris: “What are we to do with this heavy debt?” “There is but one man in the United States,” replied Morris, “who can tell you—that is Alexander Hamilton. I am glad,” he added, “that you have given me this opportunity to declare to you the extent of the obligations I am under to him.”
This hint determined Washington to offer the important position of secretary of the treasury to Hamilton. At the beginning of his administration he gave that gentleman assurances that he should call him to his cabinet in that capacity; and he frequently consulted him in reference to fiscal matters and cognate subjects during the summer. And when, in September, the office was formally tendered to Hamilton, he accepted it, although it was at the sacrifice of the emoluments of a lucrative profession. Some of his friends remonstrated with him on that account, because it would not be just to his growing family. “Of that I am aware,” the patriot replied; “but I am convinced it is the situation in which I can do most good.” He entered upon the duties of his office almost immediately, with a full assurance that he should perform what he had often expressed a belief that he could do—the restoration of the public credit.
General Henry Knox, the efficient leader of the artillery during the Revolution, the sincere friend of Washington, and a prudent, industrious, faithful, and honest man, was retained in the office of secretary of war.