History of the United States of America, Volume 1 (of 9) : $b During the first administration of Thomas JeffersonAdams, Henry
History
History of the United States of America, Volume 1 (of 9) : $b During the first administration of Thomas Jefferson
Adams, Henry
United States -- History -- 1801-1809; United States -- History -- 1809-1817
On one ground alone could the President and his party fully meet
the issue thus offered. They had sought and won popularity on the
principle of State-rights. The Judiciary Act of 1789, even more than
its supplement of 1801, was notoriously intended to work against the
object they had most at heart. The effect of both these Acts was,
in their belief, to weaken the State judiciaries and to elevate the
national judiciary at their expense, until the national courts should
draw to themselves all litigation of importance, leaving the State
courts without character or credit. From their point of view, the whole
judiciary system should be remodelled, with the purpose of reversing
this centralizing movement; and that such a reform must begin with the
Supreme Court was too evident for discussion. The true question for
Congress to consider was not so much the repeal of the Judiciary Act
of 1801, as the revision of that which had set in motion the whole
centripetal machine in 1789.
Jefferson’s Message, as has been shown, offered to Congress an issue
quite different, at least in appearance.
“The judiciary system of the United States,”--so his words ran,--“and
especially that portion of it recently erected, will of course present
itself to the contemplation of Congress; and that they may be able to
judge of the proportion which the institution bears to the business it
has to perform, I have caused to be procured from the several States,
and now lay before Congress, an exact statement of all the causes
decided since the first establishment of the courts, and of those
which were depending when additional courts and judges were brought in
to their aid.”
From the true Virginia standpoint, the fewer the causes the less
danger. What the Virginians feared most was the flow of business to the
national courts; and Jefferson’s statistics tended only to show that
as yet the new courts had done no harm, inasmuch as they had little
to do. Their abolition on the ground of economy would still leave the
Judiciary establishment of 1789 untouched, merely in order to lop off
an excrescence which might be restored whenever increase of business
should require it,--and which Jefferson’s argument in a manner pledged
him in such an event to re-establish.
Public-domain text, read in full here on John Shaqi.
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