He knew perfectly well that, other things
being equal, the simplest administrative mechanism is the best, and he
knew also that he was helping to make an extremely complicated
mechanism. Not only so, but at the heart of this complexity lay the
gigantic cog of the judiciary, which was obviously devised to stop
movement. He must have had a reason, beyond the reason he gave, for not
only insisting on clothing the judiciary with these unusual political
and legislative attributes, but for giving the judiciary an
unprecedented fixity of tenure. I suspect that he was actuated by some
such considerations as these:
The Federalists, having pretty good cause to suppose themselves in a
popular minority, purposed to consolidate the thirteen states under a
new sovereign. There were but two methods by which they could prevail;
they could use force, or, to secure assent, they could propose some
system of arbitration. To escape war the Federalists convened the
constitutional convention, and by so doing pledged themselves to
arbitration. But if their plan of consolidation were to succeed, it was
plain that the arbitrator must arbitrate in their favor, for if he
arbitrated as Mr.
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