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
Never was a prophecy more quickly realized. Jefferson’s suggestion that
the new Judiciary was unnecessary because it had not enough business
to keep it fully employed, although by implication admitting that more
business would justify its creation, became at once the doctrine of
his party. Jan. 8, 1802, Breckenridge undertook the task of moving in
the Senate the repeal of the Act; and his argument closely followed
the President’s suggestion, that the new courts, being unnecessary and
therefore improper, might and should be abolished. The Federalists
took the ground that the Constitution secured to the judges their
office during good behavior, and that to destroy the office was as
distinct a violation of the compact as to remove the judge. Thus from
the beginning the debate was narrowed to a technical issue. On the one
side was seen an incessant effort to avoid the broader issues which
the Federalists tried to force; on the other side, a certain dramatic
folding of robes, a theatrical declamation over the lay-figure which
Federalists chose to declare a mangled and bleeding Constitution.
Gouverneur Morris of New York, whose oratory was apt to verge on the
domain of melodrama, exceeded himself in lamentations over the grave of
the Constitution:--
“Cast not away this only anchor of our safety. I have seen its
progress. I know the difficulties through which it was obtained. I
stand in the presence of Almighty God and of the world, and I declare
to you that if you lose this charter, never, no, never will you get
another! We are now, perhaps, arrived at the parting point. Here, even
here, we stand on the brink of fate. Pause! pause! For Heaven’s sake,
pause!”
Public-domain text, read in full here on John Shaqi.
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