action of the United States Courts in asserting a
jurisdiction to try persons indicted at common law
was regarded by the Anti-Federalists as an extension
of Federal authority and a prostration of State sover-
eignty not to be tolerated. Beyond all else, the
upholding of the constitutionality of the Alien and
Sedition laws by the Judges on Circuit had aroused
the furious indignation of the Anti-Federalists, and
had led them to charge that the Judiciary was merely
a tool of the Federalist Executive and Legislature.
"The Federal Judges were partial, vindictive, and
cruel,'* the Anti-Federalist papers stated. "They
obeyed the President rather than the law, and made
their reason subservient to their passion/' ^ "The
Courts in this State (Pennsylvania) and the States
Northward and Eastward are stretching the doctrines
of treason and sedition to a most extraordinary length,"
wrote Mason to Monroe. "They seem determined to
suppress all political enquiry, conscious that the
conduct of their friend J. A. cannot stand a fair scru-
tiny.'* The i>olitical charges to the Grand Jiuy
indulged in by the Judges had given great offense
to the Anti-Federalists ; and the appointments of two
Chief Justices on foreign missions had induced a fear
lest by this means the Judiciary was being subjected
to the direction of the Executive. Moreover, the
Anti-Federalists had been justly alarmed at the de-
mands for centralization of Government voiced by
their opponents in connection with the Judiciary;
for since the Presidential campaign of 1800, the Feder-
alist newspapers had been filled with articles demand-
ing extension of the "protecting powers of the Federal
^Ameriean CUiaen, April 28, 1808; Monroe Papert M88, letter of Steyena ThomBon Mason to James Monroe, April 29, 1800, in which the trial of Thomas Cooper was termed a "cruel and abominable persecution."
