The 18th century political climate that gave rise to the issue of common-law powers of the Federal judiciary is discussed in detail, and the debate over Federal common-law authority is examined. Many believed that Federal judges should not "make" law but should be guided by Federal statutes. Others pointed out that legislators could not anticipate all punishable events and circumstances and that a common law approach was both necessary and practical. This article details the position taken by political groups in the late 18th and early 19th centuries as the issue was debated by the executive and legislative branches of the U.S. government. 134 footnotes.