Page:The Supreme Court in United States History vol 1.djvu/220

192 Judiciary*' to the fullest limits authorized by the Constitution. "The Judiciary is the most important branch of the Government in relation to its effects on the habits and feelings of people. ... If free governments can ever be maintained without a stand- ing army, it can only be eflfected by a firm, independent and extensive Judiciary which shall bring the author- ity of the law home to the fireside of every individual,'* said one. "It is necessary to strengthen the Govern- ment in the aflfections of the people by multiplying Federal Courts; the State Courts are more or less infected with Anti-Federalism ; in the extension of the Federal Courts lies the safety of the Federal Govern- ment," said another. ^

Such being the many, and in some cases, well- grounded causes of apprehensions entertained by the Anti-Federalists, it was natural that they should regard the erection and appointment of the new Judiciary under the Circuit Court Act of 1801 as merely another attempt to intrench the Federalist party, and to propagate Federalist i>olitical principles by means of a new set of Judges.

They were convinced that the Federalists, having lost the election, were making a last desperate eflfort to retain a remnant of power in the judicial branch of the government, and they could quote Federalist au- thority for this belief. " Harper boasts that it (the Cir-

^ See Columbian CenHnd, Jan. 14, 81, Feb. 4, 7, 18, 1801, articles by "The Consistent Federalist*', saying: "Unhappily a mistaken timidity and a disposition, too prevalent during the first years ol the existence of our government to ccmdliate the opposition, led the First Congress not to invest the Federal Judiciary with the powers which the Constitution authorized them to bestow. The error has been deeply felt and sincerely lamented. The Judiciary, the most imposing, authori- tative and generally the most popular branch, has been scarcely felt. It only appears now and than as a phenomenon which the people gase at, but which they consider as a foreign intruder rather than the 'venerable image of their country's honor.' Hie principle of Federalism has ever been, and yet is, to extend the force and influence ol the Judiciary to all the cases which are enumerated in the Con- stitution." See also WoMkinj/Um FederalUt, Jan. 26, 28, 80, 1801.