Mr. Bayard's Speech on the Bill Received from the Senate, Entitled "An Act to Repeal Certain Acts Respecting the Organization of the Courts of the United States." Delivered in the House of Representatives of the United States, February 19-20, 1802

Worcester, MA: From the Press of Isaiah Thomas, Jun., 1802. Good. Early (first [?]) printing, published in April 1802 (several publishers would print the text simultaneously); 7 1/4 x 5 1/2; pp. [1], 4-48; rag-paper wraps; laid-paper leaves; illustrated with woodcut vignettes; a few spots and a faint, unintelligible manuscript note to front wrap; a bit of age-toning and faint staining to upper corner of text block (not affecting readability); corners somewhat dog-earred from age; in good to very good condition.A reply to a speech on the same bill, delivered by Virginia congressman,lawyer, senator, and governor William Branch Giles (1762 - 1830) on Feb. 18, 1802, lawyer and senator from Delaware James Asheton Bayard's (1767 - 1815) speech would be considered a landmark defense of the federal judiciary in the early Republic and a defining moment in the battle over the role of the Supreme Court. The debate concerned a Jeffersonian Republican effort to eliminate "midnight judges" appointed by the previous Federalist administration (Federalist judicial officers appointed by President John Adams in the final days and hours of his administration in March 1801, following the Judiciary Act of 1801). Some of Bayard's arguments would be that the Constitution required judges to hold their positions during good behavior, which he interpreted as a life tenure that Congress could not revoke by eliminating their job. He also stated that removal must be via the impeachment process, not simply by passing a law to abolish the courts and contended that if Congress could abolish courts to get rid of judges, the judiciary would become dependent on the legislative branch.The pamphlet was published by Isaiah Thomas Jr. - son of revolutionary printer and founder of the American Antiquarian Society Isaiah Thomas Sr. and a renowned publisher in his own right, who would play a key role in continuing the family business at the turn of the 19th century.