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
As a matter of expediency and public convenience, no one seriously
denied that the Federalists were altogether in the right. The
introduction of railways and steamboats greatly altered the problem of
judicial organization; but no system could have been better adapted
to its time and purposes than that of 1801. The only solid argument
brought against it was that it attained its object too completely,
bringing Federal justice to every man’s door, and removing every
difficulty or objection to suing in Federal courts. There was truth
in the complaint that it thus placed the State judiciaries at a
disadvantage. Beyond and above this, the controversy involved another
question of far-reaching consequences which the Republicans were too
timid to avow. A true democrat might have said openly that he wanted
an elective judiciary, or would have insisted that the whole judiciary
must be made subject to removal by the legislature. In neither of
these opinions was anything disgraceful or improper; yet such was the
dread of Federalist and conservative outcry, that although many of the
Republican speakers went to the verge of the avowal, none dared make
the issue.
Their timidity cost the Virginians dear. They knew, and never ceased
to complain, that power grew mechanically; and only their want of
experience excused them for over-confidence in the strength of their
own virtue. They saw that the only part of Federalist centralization
still remaining beyond their control was the judiciary; and they knew
that if the judiciary were allowed to escape them in their first fervor
of Republican virtue, they never could grapple with it after their own
hands had learned the use of centralized power and felt the charm of
office. Instead of acting, they temporized, threatened without daring
to strike, and were made to appear like secret conspirators, planning
what they feared to avow.
Public-domain text, read in full here on John Shaqi.
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