The discussion trades the manner in which the common law became central to the controversy over criminal adjudications in Federal courts during the decades prior to the case of United States v. Hudson in 1812. The analysis shows why the discussion of common law and Federal courts led to Republican charges that a consolidated national government was being imposed upon the nation. Various usages of the term 'common law' are also examined, with emphasis on the crucial features of theories about judicial jurisdiction and the nature of the law. The analysis concludes that the questions that were asked about the common-law powers of Federal courts in the early debates are not similar to the ones that arise today. Appended statements by John Marshall and 447 footnotes.