Page:The Supreme Court in United States History vol 1.djvu/240

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212
THE SUPREME COURT


his office for life, will hold it during the good pleasure of the dominant party. The Judges will of course become partisans and the shadow of justice will alone remain in our Courts."^ Robert G, Harper wrote to his constituents in South Carolina: "This system received a most persevering and violent opposition from those whose main object and endeavor it is to keep the Federal Government as feeble and as dependent on the State Governments as possible. As nothing tends more to defeat this plan than to give the Federal Government a complete and well organized set of Courts where its laws may be duly enforced ; so nothing promotes the plan more effectually than to keep that government destitute of such Courts, and thus lay it under the necessity of depending, in a great degree, on the State Courts for the execution of its laws. Hence, the zealous opposition to this system about the expense of which so much is said, while the real objection to it consists in its tendency to give stability and dignity to the general government and to render it independent of State influence and control." Hamilton wrote to Charles C. Pinckney that he viewed this measure as "a vital blow to the Constitution. In my opinion, it demands a systematic and persevering eflPort by all constitutional means to produce a revocation of the precedent and to restore the Constitution.*' * Pinckney in his reply to Hamilton said that he entirely agreed with him, but that: "It was natural to expect that persons who have been always hostile to the Constitution

^ Jamea A, Bayard Papers (1915), letter to Andrew J. Bayard, Jan. 21, 1802 ; Harper Papen M8S, letter of Feb. 25, 1801.

  • HamiUon, X, letter of March 15, 1802; HamiUon Papers M88, letter of Pinckney, May 3, 1802. Hamilton suggested to James A. Bayard a conference of Federalists be called in Washington, and the formation of "the Christian Constitu-

tional Society" whose objects should be the Christian religion and the support of the Constitution; and he further said: "Let measures be adopted to bring as soon as possible the repeal of the Judiciary Law before the Supreme Court.'* /6td!.» undated letter written in April, 1802.