Notwithstanding Jefferson's wish to avoid everything savoring of
executive dictation, he could not abdicate his position as leader of his
party. Throughout his first term, at least, he was the master mind
directing the policies of the party, in ways which were not less
effective because they were personal and indirect. The leadership in the
House of Representatives, which then overshadowed the Senate, fell to
Southern rather than to Northern Republicans. In close touch with the
Speaker, Nathaniel Macon, of North Carolina, and with the chairman of
the Committee of Ways and Means, the eccentric John Randolph, of
Roanoke, the Administration scored comparatively easy victories over the
Federalists on matters of financial policy.
The repeal of the Judiciary Act of 1801 was the second task which the
President laid upon the shoulders of Congress. No act of the outgoing
Administration had given greater offense. Jefferson expressed a general
impression when he declared that the Federalists, driven from the
legislative and executive branches of the Government, had retreated into
the judiciary as their stronghold. "There the remains of federalism are
to be preserved and fed from the Treasury; and from that battery all the
works of republicanism are to be beaten down and destroyed." But no
suggestion of this animus toward the Federalist judges appeared in the
studied moderation of the President's message. The President contented
himself with presenting a record of the causes decided by the courts, in
order that Congress might "judge of the proportion which the institution
bears to the business it has to perform."
[Map: Vote on Repeal of the Judiciary Act House of
Representatives March 2, 1802]
Taking their cue from the President, the Republican leaders in Congress
urged the repeal of the Judiciary Act on the ground that the new courts
had not justified their existence. Republican economy required that
unnecessary, and therefore improper, institutions should be abolished.
Certain bolder spirits like William Giles, of Virginia, however, frankly
admitted a fear of the "ultimate censorial and controlling power" of the
courts over all the departments of the Government--a control "over
legislation, execution, and decision, and irresponsible to the people."
In the background of the active mind of this Virginian was hostility to
the new courts "because of their tendency to produce a gradual
demolition of State Courts." If this last were the real reason for the
repeal of the act, consistency should have led the Republicans to revise
the whole judiciary system from the Supreme Court down. But for such
radical action few, if any, were prepared. The repealing act passed the
House by a party vote of fifty-nine to thirty-two, and was signed by the
President on March 8, 1802.
Public-domain text, read in full here on John Shaqi.
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