Artifact Spotlight: Loan from the National Archives and Records Administration

The Judiciary Act of 1789 & the Act to Establish the Department of Justice 1870

Foundational Documents: The Acts That Created Justice

In every great institution, there are moments of creation, documents that bring an idea into being and set the course for everything that follows. For the Department of Justice, two such documents stand as our foundation: the Judiciary Act of 1789, which established the office of Attorney General, and the Act to Establish the Department of Justice of 1870, which created the Department of Justice itself.

We are honored to spotlight the loan from the National Archives and Records Administration to the U.S. Department of Justice Museum to display these extraordinary foundational documents in our inaugural exhibits. 

The Judiciary Act of 1789: Where It All Began

The Judiciary Act of 1789 was one of the first major pieces of legislation passed by the newly formed United States Congress. Signed into law by President George Washington, it created the office of Attorney General making it one of the oldest positions in the federal government.

The act designated the Attorney General as "…a meet person, learned in the law, to act as Attorney-General for the United States," charged with prosecuting and conducting all suits in the Supreme Court concerning the United States, and providing legal advice to the president and department heads when requested.

This seemingly simple mandate established a principle that endures to this day: the federal government would have a chief legal officer dedicated to upholding the law and providing counsel rooted in legal expertise rather than political expediency. Edmund Randolph, appointed by President George Washington, became the first person to hold this vital office.

The Act of 1870: Building the Department

For eight decades, the Attorney General operated with minimal staff and resources. Legal work was scattered across various government offices, with inconsistent approaches and overlapping responsibilities. The post-Civil War era brought new challenges, enforcing civil rights, addressing violence against newly freed citizens, and managing the growing legal complexities of a modernizing nation.

Congress responded by passing the Act to Establish the Department of Justice on June 22, 1870 and signed into law by President Ulysses S. Grant. This legislation brought together the various legal offices under one unified department, with the Attorney General at its head. For the first time, the federal government had a centralized institution dedicated to law enforcement and the administration of justice.

The 1870 Act gave the Department clear authority and resources to fulfill its mission. It was, in many ways, the birth of the modern Department of Justice, an institution capable of addressing national legal challenges with consistency, expertise, and authority.

Documents That Define Us

These two acts are more than historical relics. They are living documents that continue to define who we are and what we do. The principles embedded within them resonate through our work every day:

• Independence and Expertise: The requirement that the Attorney General be "learned in the law" established that justice must be guided by legal knowledge and principle, not partisan interests.
• Unified Purpose: The creation of the Department brought coherence to federal law enforcement and legal work, a structure that allows us to tackle complex, nationwide challenges.
• Constitutional Foundation: Both acts flow directly from constitutional authority, grounding our work in the nation's fundamental law and ensuring our accountability to the American people.
• Adaptation and Growth: The evolution from a single Attorney General in 1789 to a full department in 1870 demonstrates that institutions must grow and adapt to meet emerging challenges while staying true to core principles.

Preserving Our Heritage

Having these foundational documents on display in our inaugural exhibits is both an honor and a responsibility. They remind us that the Department of Justice was created with purpose and vision by those who understood that democracy depends on the rule of law.

When visitors stand before these documents they will witness the very words that brought our institution into existence. They will see the elegant handwriting of 18th and 19th-century legislators, the signatures of our leaders who authorized the creation these offices, and the careful legal language that established our authority and our obligations.

These acts connect us to our origins and remind us that every case we prosecute, every legal opinion we write, and every investigation we conduct flows from the authority and responsibility granted to us by Congress on behalf of the American people.

The Judiciary Act, 1789 and the Act to Establish the Department of Justice, 1870, National Archives & Records Administration, Washington, D.C.

These artifacts are on loan from the National Archives and Records Administration on display in the inaugural exhibits of the U.S. Department of Justice Museum as part of our ongoing effort to preserve and share the rich history of the Department of Justice and the American legal system.

The U.S. Department of Justice Museum 
Preserving the past. Informing the present. Inspiring the future.