Digital Collections

The digital collections of the Library of Congress contain a wide variety of primary source materials associated with the Judiciary Act of 1789, including manuscripts, journals, newspaper articles, and government documents. Provided below is a link to the home page for each relevant digital collection along with selected highlights.

Congressional Publications

A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
This collection contains congressional publications from 1774 to 1875, including debates, bills, laws, and journals.

Judiciary Act of 1789 Debate References:

Selected references to debate on the Judiciary Act can be found in the Annals of Congress, 1st Congress, 1st Session, on the following dates:

Note: The Senate met in secret at the time. The Senate did not open its doors to the public until 1795.

July 17, 1789
The Senate passed the Judiciary Act by a vote of 14 to 6.
August 24, 1789
The House of Representatives debated the Judiciary Act.
August 29, 1789
The House of Representatives debated the Judiciary Act.
August 31, 1789
The House of Representatives debated the Judiciary Act.
September 17, 1789
The House of Representatives amended and passed the Judiciary Act.
September 19, 1789
The Senate concurred in House amendment with amendment
September 21, 1789
The House of Representatives agreed to Senate amendment of amendment.
September 24, 1789
Signed by President George Washington.

Maclay's Journal

Maclay's Journal is one of the few accounts of Senate floor activity in the early Congresses. Senate sessions were closed to the public until 1795. Senator William Maclay from Pennsylvania kept a diary of his experiences in the First Congress. Although an opponent of the bill, Maclay wrote extensively on the Judiciary Act.

References in Maclay's Journal include:

June 22, 1789
"Attended the Senate. The bill for settling the new judiciary was taken up. Much discourse about the mode of doing business."
June 29, 1789
"Sent my letters to the post-office; and now for the judiciary. I made a remark where Elsworth in his diction had varied from the Constitution. This vile bill is a child of his, and he defends it with the care of a parent, even with wrath and anger."
July 2, 1789
"The bill for the judiciary was taken up. I really dislike the whole of this bill, but I endeavored to mend it in several places and make it as perfect as possible, if it is to be the law of the land."
July 7, 1789
"The judiciary was taken up for a third reading. I can scarcely account for my dislike for this bill, but I really fear it will be the gunpowder-plot of the Constitution."
July 17, 1789
"I opposed this bill from the beginning. It certainly is a vile law system, calculated for expense and with a design to draw by degrees all law business into the Federal courts."

George Washington Papers

George Washington Papers
The complete George Washington Papers collection from the Manuscript Division at the Library of Congress consists of approximately 65,000 documents.

Selected highlights from this collection:

George Washington to Edmund Randolph, September 28, 1789,
Excerpt: "I mean not to flatter when I say, that considerations like these have ruled in the nomination of the Attorney-General of the United States, and, that my private wishes would be highly gratified by your acceptance of the Office. I regarded the office as requiring those talents to conduct its important duties, and that disposition to sacrifice to the public good, which I believe you to possess and entertain; in both instances, I doubt not, the event will justify the conclusion; The appointment I hope, will be accepted, and its functions, I am assured, will be well performed."
George Washington to United States Supreme Court, September 30, 1789
A form letter used by Washington in 1789 when appointing judges to the Supreme Court.

Historic Newspapers

Chronicling America
Historic American newspapers selected and contributed by state partners in the National Digital Newspaper Program. Search this collection between July and September 1789 to find debates in the House of Representatives related to the Judiciary Act.

James Madison Papers

James Madison Papers, 1723 to 1859
James Madison (1751-1836) is one of 23 presidents whose papers are held in the Manuscript Division of the Library of Congress. The Madison Papers consist of approximately 12,000 items.

Selected highlight from this collection:

James Madison to Edward Pendleton, September 14, 1789
Excerpt: "The Judiciary is now under consideration. I view it as you do, as defective both in its general structure, and many of its particular regulations. The attachment of the Eastern members, the difficulty of substituting another plan, with the consent of those who agree in disliking the bill, the defect of time &c, will however prevent any radical alterations. The most I hope is that some offensive violations of Southern jurisprudence may be corrected, and that the system may speedily undergo a reconsideration under the auspices of the Judges who alone will be able perhaps to set it to rights."

Judiciary Act of 1789: Primary Documents in American History

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