Page:The Supreme Court in United States History vol 1.djvu/232

204 Although on December 8, 1801, two weeks before this action of the Court, Jefferson in his first message to Congress had made a mild reference to a reform of the judicial system, no final decision had been reached as to a repeal of the Circuit Court Act of 1801, It was not until the Court decided to take the prelimi- nary step in this mandamus case that Jefferson became convinced that it was seeking to interfere with his Executive functions and that the growing pretensions of the Judiciary must be curbed. On December 24, 1801, John Breckenridge, Senator from Kentucky (who later became Jefferson's Attorney-General), wrote to Monroe : ** What think you of the rule entered upon the Federal Court last week against the Secretary of State to show cause? ... I think it the most dar- ing attack which the annals of Federalism have yet exhibited. I wish the subject of the Courts to be brought forward in the Senate next week " ; and Stev- ens Thomson Mason wrote to Monroe: "An attempt has been made by the Judiciary to assail the Presi- dent (through the sides of Mr. Madison). . . . The conduct of the Judges on this occasion has excited a very general indignation and will secure the repeal of the Judiciary Law of the last session, about the propri- ety of which some of our Republican friends were hesi- tating.*' At first, there had been cousiderable doubt, even among Republicans, as to the legality of such a repeal, but Breckenridge was finally convinced by a letter from John Taylor of Virginia, written on December 22 ; and on January 6, 1802, he moved in the Senate the repeal of the obnoxious law.^ That the Republicans regarded (and with considerable foundation for

^ It appears, however, that before the date of Jefferson's Message, John Breckenridge had been in receipt of numerous letters from his Kentucky constituenta urging repeal of the Circuit Court Acts. See t n/ra, 221. Breckenridge Papert M88 ; Judicial Tenure in the United Siaiee (1018), by William S. Carpenter.