ings of the others; and being another resource admitted by the Constitution for its own defense, and for security of the rights which it guarantees to the several States and to individual citizens, it may be contemplated under some very pleasing aspects, without undertaking to decide on the merits of the particular question." That the action of the Judges was not regarded as subject to criticism by the Anti-Federalists was even more strongly shown by the fact that during the months of April and May, 1792, Chief Justice Jay was conducting a hotly contested campaign for Governor of the State of New York against George Clinton, and though attacks were made on Jay on many grounds, no Anti-Federalist opposed his judicial action, on this ground.[1]
On the other hand, leading Federalist newspapers, like Fenno's Gazette of the United States, took a noncommittal position:[2] "The humane purposes of Congress in favor of the invalids are in some measure thwarted by the unconstitutional objections of the Judges. It might be arrogant to express a doubt whether the opinion they have expressed be sound." The general attitude of the Federalists seems to have been one of apprehension lest the exercise of power by the Federal Courts to declare Acts of Congress invalid might strengthen the States at the expense of the National Government; and to this effect Fisher Ames wrote: "The decision of the Judges on the validity of our pension law, generally censured as indiscreet and erroneous. At best, our business is uphill and with the aid of our law Courts, the authority of Congress is barely adequate to keep the machine moving; but when they condemn the law as invalid, they
