Judiciary" to the fullest limits authorized by the
Constitution. "The Judiciary is the most important
branch of the Government in relation to its effects
on the habits and feelings of people. . . .
If free
governments can ever be maintained without a standing army, it can only be effected by a firm, independent
and extensive Judiciary which shall bring the authority of the law home to the fireside of every individual,"
said one. "It is necessary to strengthen the Government in the affections of the people by multiplying
Federal Courts; the State Courts are more or less
infected with Anti-Federalism; in the extension of the
Federal Courts lies the safety of the Federal Government," said another.[1]
Such being the many, and in some cases, well-grounded causes of apprehensions entertained by the Anti-Federalists, it was natural that they should regard the erection and appointment of the new Judiciary under the Circuit Court Act of 1801 as merely another attempt to intrench the Federalist party, and to propagate Federalist political principles by means of a new set of Judges.
They were convinced that the Federalists, having lost the election, were making a last desperate effort to retain a remnant of power in the judicial branch of the government, and they could quote Federalist authority for this belief. "Harper boasts that it (the Cir-
- ↑ See Columbian Centinel, Jan. 14, 81, Feb. 4, 7, 18, 1801, articles by "The Consistent Federalist", saying: "Unhappily a mistaken timidity and a disposition, too prevalent during the first years of the existence of our government to conciliate the opposition, led the First Congress not to invest the Federal Judiciary with the powers which the Constitution authorized them to bestow. The error has been deeply felt and sincerely lamented. The Judiciary, the most imposing, authoritative and generally the most popular branch, has been scarcely felt. It only appears now and than as a phenomenon which the people gaze at, but which they consider as a foreign intruder rather than the 'venerable image of their country's honor.' The principle of Federalism has ever been, and yet is, to extend the force and influence of the Judiciary to all the cases which are enumerated in the Constitution." See also Washington Federalist, Jan. 26, 28, 30, 1801.
