— Ch. 1 · Founding And Early Evolution —
United States Department of Justice.
~4 min read · Ch. 1 of 6
The United States Department of Justice emerged from the chaos of Reconstruction in 1870. Congress created this executive department on the 22nd of June 1870, during the administration of President Ulysses S. Grant. Before that date, legal advice was a part-time job for one person established by the Judiciary Act of 1789. Attorney General Edward Bates operated with a staff of just six men under Abraham Lincoln. His office generated legal opinions at the request of cabinet members but held no authority over U.S. Attorneys across the country. The federal court system remained under the Department of the Interior while Treasury handled claims. Most opinions turned out to be of minor importance. In 1867, Congressman William Lawrence led an inquiry into creating a dedicated law department. He introduced a bill on the 19th of February 1868, to establish this new entity. The resulting Act to Establish the Department of Justice drastically increased responsibilities. It included supervision of all United States attorneys and prosecution of all federal crimes. The law also created the office of Solicitor General to conduct government litigation in the Supreme Court.
Civil Rights Enforcement Era
Amos T. Akerman served as attorney general immediately after the department's creation. He used his new power to vigorously prosecute Ku Klux Klan members in the early 1870s. There were 1000 indictments against Klan members during the first few years of Grant's term. Over 550 convictions resulted from these prosecutions. By 1871, there were 3000 indictments and 600 convictions. Most defendants served brief sentences while ringleaders faced up to five years in the federal penitentiary in Albany, New York. This effort caused a dramatic decrease in violence across the South. Akerman told a friend that no one was better or stronger than Grant when prosecuting terrorists. George H. Williams succeeded Akerman in December 1871. Williams continued to prosecute the Klan throughout 1872 until the spring of 1873. He then placed a moratorium on Klan prosecutions because the department lacked manpower. Thomas Nast published an illustration entitled Halt on the 17th of October 1874 depicting this struggle.