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194 cems us most," wrote Giles, in June, is "the situation of the Judiciary as now organized. It is constantly asserted that the revolution is incomplete, as long as that strong fortress is in possession of the enemy ; and it is surely a most singular circumstance that the pub- lic sentiment should have forced itself into the Legis- lative and Executive Department, and that the Judi- ciary should not only not acknowledge its influence, but should pride itself in resisting its will, under the misapplied idea of * independence/. . . No remedy is competent to redress the evil but an absolute repeal of the whole Judiciary system, terminating the present offices and creating a new system, defining the common law doctrine and restraining to the proper constitu- tional extent the jurisdiction of the Courts." ^

Before the next Congress met, however, three addi- tional episodes occurred in connection with the Judi- ciary which strongly reinforced this determination of Jefferson and the Republicans to effect a change in the judicial system and to curb the j)ower of the Courts.

of Thomas Jefferson (H. A. Washington's ed.)f letter to Dickinson, Dee. 19, 1801 ; Some Letters qf Elbridge Gerry, 178^-180^ (1896), letter of May 4, 1801, Feb. 18, 1802, "The Adams Judiciary was created for party purposes." Independent Chronicle, Nov. 25, 1801. "Among the causes which have sunk the anglo-federal party into contempt and disrepute is the dislike and abhorrence to independent Judges*', Aurora, June 18, 1800. See also Times and Alexandria Advertiser (Va.)» Dec. 15, 1798.

^ Jefferson Papers MSS, letter of Giles, June 1, 1801 ; William Branch Oiles (1914), by Dice Robins Anderson. See Office Seeking during Jefferson*s Adminis- tration, by Gaillard Hunt, in Amer. Hist, Rev. (1898), II, quoting a letter from an influential man in Charleston, S. C, to Jefferson, July 24, 1801 : "As a party the Federalists are not formidable ; they are composed of trifling lawyers, men swoln with pride, ignorance and impudence, fellows thirsting for gain . . . and all the tories and their descendants. The Judiciary is also inimical, but I fear the only purifier of this engine is time ; as the Judges die off, the Government must be care- ful to replace honest men in the room of the present set of flexible gentry ; until these desirable events take place, they must be watched well." "In our state of society, the 'friends of order' calculate on many other barriers to republicanism vix,, a majority of the Senate, all the Federal Judges and most other officers of the United States on their side." Oration delivered in WaUingford, March 11, 1801, before Republicans oj the State of Connecticut at Their Oeneral Thanksgiving for the Election if Thomas Jefferson (1801), by Abraham Bishop. ' 1