Note 1294 — Chapter XII
Reading edition
Jefferson to Madison, Dec. 19, 1800; Works: Ford, ix, 159. The Republicans were chiefly alarmed because, in the extension of the National Judiciary, offices would be provided for Federalists. Even Jefferson then saw nothing but patronage in the Judiciary Act.
The "evident" purpose of the bill, said the Aurora, Feb. 4, 1801, was to "increase the influence of the present Executive and provide a comfortable retreat for some of those good federalists who have found it convenient to resign from their offices or been dismissed from them by the people."
In comparison to this objection little attention was paid to the more solid ground that the National Judiciary would be used to "force the introduction of the common law of England as a part of the law of the United States"; or even to the objection that, if the Judiciary was extended, it would "strengthen the system of terror by the increase of prosecutions under the Sedition law"; or to the increase of the "enormous influence" given the National Courts by the Bankruptcy Law.
The Aurora, March 18, 1801, sounded the alarm on these and other points in a clanging editorial, bidding "the people beware," for "the hell hounds of persecution may be let loose ... and the people be roasted into implicit acquiescence with every measure of the 'powers that be.'" But at this time it was the creation of offices that the Federalists would fill to which the Republicans chiefly objected.