to Robert Livingston, he said: "When the Democrats
got into power, I ventured to foretell that they would
exalt the Executive in six months, more than the Fed-
eralists would in so many years. The facts have veri-
fied the prediction. They who have constantly cher-
ished State sovereignty have, by their repeal of the
Judiciary Law, laid the broad foundation for a con-
solidated government; and the first National scuffle
will erect that edifice."
These exaggerated views were typical of the whole attitude of the Federalists throughout the debate on the repeal bill. The question of the advisability and the legality of abolishing the Circuit Courts had been argued with more or less restraint by the Republicans but with much violence and bitterness by their oppo- nents, and the National Intelligencer was justified in commenting on this fact as follows : ^
The decision will be a memorable one, as well from the importance of the point decided, as from the cool, dignified and enlightened deliberation by which it was reached. It will be memorable too for the style in which gentlemen on each side conducted the discussion. It was opened by Mr. Breckenridge in a speech addressed exclusively to the under- standing, resting the subject upon facts and fair inference ; he sunk into no needless appeal to the passions or prejudices of his hearers or the Nation. . . . Mark the contrast . . . cries of ** invasion of the Constitution" ; and the threat of a "dissolution of the Union" was echoed and re-echoed in every shape that ingenuity could devise or eloquence embody. . . . Thus ended this gigantic debate. With the Nation it rests to decide, if it has not already decided, the constitutionality of the right asserted by the Legislature. This decision will be made through the ordinary organs of the public will, notwithstanding the criminal efforts of party to agitate and convulse the Union. While it is to be regretted that
^National Intelligeneer, Jan. 20, July 19, 1802, editorials. David Townsend wrote to William Eustb, March 4, 1802, critidsing the *'impetuoBity, impatienoo and intolerance of the Judiciary dd)ate." William EusH$ Payen MSS.
