Page:The Supreme Court in United States History vol 1.djvu/251

Rh adjournment of the Court was enforced for fourteen months (from December, 1801, to February, 1803). "Could a more dangerous precedent than this be es- tablished?'* Bayard asked in a debate in the House: "May it not lead to the virtual abolition of a Court, the existence of which is required by the Constitution ? K the functions of the Court can be extended by law for fourteen months, what time will arrest us before we arrive at ten or twenty years ?" ^ There were Republican leaders also who doubted the advisability of the statute. Thus, James Monroe wrote to Jefferson that he feared that it might be construed as a sign of reluctance of the authors of the Repeal Law " to meet the Court on the subject. Any measure which admitted such an inference would give new character and tone to the Federal party and put the Republicans on the defensive. If the repeal was right, we should not shrink from the discussion in any course which the Constitution authorizes or take any step which argues a distrust of what is done or apprehension of the consequences"; and he continued with the following striking remarks as to the Court and its functions :

A postponement by law of the meeting of the Court is also liable to other objections. It may be considered as an unconstitutional oppression of the Judiciary by the Legislature, adopted to carry a preceding measure which was also unconstitutional. Suppose the Judges were to meet according to the former law, notwithstanding the postponement, and make a solemn protestation against

^ 7th Cong., 1st 8e$M., 1229 et $eq., speech of James A. Bayard ; Monroe, III, letter to Jefferson, April 25, 1802 ; Act of April 23, 1802.

Bayard wrote to Hamilton: "You have seen the patchwork offered to us as a new judicial system. The whde is designed to cover the object which the party considers it necessary to accomplish — the postponement of the next session of the Supreme Court to February following. They mean to give to the repealing Act its full effect before the Judges of the Supreme Court are allowed to assemble. Have you thought of the steps which our party ought to pursue on this subject? " Hamilton Papertt MS8, undated letter.