Page:The Supreme Court in United States History vol 1.djvu/189

Rh National Government ** or of the exercise of its constitu- tional powers, would at least render it possible for the party in power to use the Courts as an engine of polit- ical persecution; and it was deeply abhorrent to the views of those who believed that the powers of the Government were restricted to the express grants of the Constitution. It was with considerable reason, there- fore, that widespread apprehensions were expressed at this doctrine, "It has long been feared that the Government of the United States tended to a consoli- dation," a correspondent wrote in the Virginia Argus^ "and consolidation would generate monarchy • Noth- ing can so soon produce the first as the establishment of the doctrine that the common law of England is the law of the United States ; it renders the State Govern- ments useless burthens ; it gives the Federal Govern- ment and its Courts jurisdiction over every subject that has hitherto been supposed to belong to the States ; instead of the General Government being instituted for particular purposes, it embraces every subject to which government can apply . . . ; the whole range of legislation and jurisprudence is within its omnipotent grasp/' ^ This doctrine was, moreover, regarded by the Anti-Federalists as merely a portion of the general plan of the Federalist party to control the Judiciary ; and its support by the Judiciary was considered merely further evidence of their devotion to Federalism. extensively dangerous doctrine unless they were well assured it was pleasing to and would be supported by the Government," wrote Charles Pinckney.' Jefferson, writing to Pinckney, expressed his views of the obnoxious jurisdiction so asserted by the Courts, as follows :
 * Judges would not introduce so novel, so important and

^ Virgima Argus, Aug. 9, 1799.


 * CharluUm Ci^ QaattU (S. C), Oct 6» 1800, letter aigned "Republican."