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"Popular feeling had made it seem likely that no further steps toward changing the Constitution in the Federalist direction would be likely through the legislative branch. Leading Federalists, however, had recognized that what had proved impossible in the constitutional convention and what might now prove so in congress, might yet be achieved through the federal courts. The number of these and of judges had been increased, and it was considered important that they should be controlled by the party of the 'wise and good' [privileged]. Having offered the chief justiceship of the supreme court to John Jay, who declined it, Adams appointed John Marshall, one of the incoming president's bitterest enemies, to the position. Marshall was to take up the work of 'administering' the Constitution where Hamilton laid it down, and was to be equally, if not more, instrumental in altering it. In spite of the bitterness of the recent campaign, Jefferson in his inaugural address struck the note of reconciliation. He spoke mildly of the 'animation of discussions' during the contest 'which might imposed on strangers unused to think freely, and to speak and write what they think.' Now the fight was over, and all would range themselves under the laws and work for the common good, bearing in mind the 'sacred principle that though the will of the majority is in all cases to prevail, that will, to be rightful, must be reasonable; that the minority possess their equal rights, which equal laws must protect'. 'Every difference of opinion', he said, 'is not a difference of principle', adding, in an oft-quoted and misunderstood passage, that 'we have called, by different names, brethren of the same principle. We are all republicans; we are all federalists.' Jefferson and his party had been accused, as we have seen, if wishing to overthrow the very foundations of society. OTOH, he himself had combatted the small group of Federalist leaders whom he believed to be plotting or hoping for the overthrow of the Republic in favor of a monarchy. What I think he intended by the passage was to show that, as he well knew, the democrats wished to maintain government, law, and order, as well as the Federalists, and that the 'Monocrats' did not represent the mass of the people..." --- James Truslow Adams 1936 _The Living Jefferson_ pp301-302 (citing Thomas Jefferson and Paul Leicester Ford 1907 _Writings of Thomas Jefferson_ vol8 pg2)
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