For the first two years of the new Government, there
was naturally little business to be transacted in any of
the Circuit Courts, and the situation was described
by the newspapers in 1791 as follows: "In the Judicial
Department as much has been done as circumstances
would admit. Judges of eminent virtue and learning
preside in the Federal Courts. But the very narrow
judicial power of the United States renders this one
of the most difficult branches of legislation. Courts
must be established and provision made to administer
justice to men, almost at home, and yet the business
is very inconsiderable. This is not the fault of Congress. If anything is to be regretted it is that a different arrangement had not been made of the judicial
power of the Constitution."[1] The Judges, nevertheless, made a very favorable impression upon the
local communities in which they sat, and even in
Rhode Island, which had been the last State to adopt
the Constitution, it was said, in 1791, that "the Court
in the conduct of the business and in their decisions
gave great satisfaction. Their candour, impartiality
and discernment were universally acknowledged and
applauded. Justice itself seemed to preside on the Bench and inspire it."[2]
But while the number of cases in the Circuit Courts was scanty, the subjects involved were of high importance and presented legal questions of the most delicate nature with respect to the limitations on State sovereignty. Most of the opposition of the Anti-Federalists to the Constitution had been based on fears lest the proposed Federal Government should control
- ↑ See Providence Gazette, April 2, 1791, quoting Gazette of the United States.
- ↑ Massachusetts Spy, July 14, 1791. "The Chief Justice hath delighted the people of Mass. They regret that Boston was not the place of his nativity and his manner they consider so perfect as to believe that New York stole him from New England," wrote Gore to King, May 15, 1790. King, I.
