Their timidity cost the Virginians dear. They knew, and never ceased to complain, that power grew mechanically; and only their want of experience excused them for over-confidence in the strength of their own virtue. They saw that the only part of Federalist centralization still remaining beyond their control was the judiciary; and they knew that if the judiciary were allowed to escape them in their first fervor of Republican virtue, they never could grapple with it after their own hands had learned the use of centralized power and felt the charm of office. Instead of acting, they temporized, threatened without daring to strike, and were made to appear like secret conspirators, planning what they feared to avow.
The repeal of the Judiciary Act passed the House, March 3, by a party vote of fifty-nine to thirty-two; but the Federalists were far from feeling themselves beaten. They had measured the strength of the majority, and felt that the revolutionary impulse was exhausted. As the Federalists grew bolder, the Republicans grew more timid. They passed a supplementary Judiciary Act, to quiet complaint and to prevent the Supreme Court from holding its customary autumn term, lest Marshall should declare the abolition of the circuit courts unconstitutional. The evidences of timidity were not confined to judiciary measures. On no subject had the Republicans expressed stronger convictions than against the navy; yet when Michael Leib of Pennsylvania, in the heat of the judiciary debate, moved for a committee to consider the question
